Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006

This Act comes into operation on a day to be fixed by proclamation.

Different days may be fixed under subsection (1) for different provisions.

the approval given under the Environmental Protection Act 1986 section 31(d) to the draft Environmental Protection (Swan and Canning Rivers) Policy 1997 is revoked; and

despite the Environmental Protection Act 1986 section 33(1), the Environmental Protection (Swan and Canning Rivers) Policy 1997 ceases to have the force of law.

The Governor, on the recommendation of the Minister, may make subsidiary legislation amending subsidiary legislation made under any Act.

The Minister may make a recommendation under subsection (1) only if the Minister considers that each amendment proposed to be made by the regulations is necessary or desirable as a consequence of the enactment of the Swan and Canning Rivers Management Act 2006.

Nothing in this section prevents subsidiary legislation from being amended in accordance with the Act under which it was made.

The provisions of the Interpretation Act 1984 (for example, sections 16(1), 36 and 38) about the repeal of written laws and the substitution of other written laws for those so repealed apply to the repeal of the Swan River Trust Act 1988 as if that Act were repealed and re‑enacted by the Swan and Canning Rivers Management Act 2006.

The other provisions of this Act are additional to the provisions applied by subsection (1) and do not affect the operation of the provisions applied by subsection (1).

If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under this Act may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with the matter.

In subsection (1) —

effecting the transition from the provisions of the Swan River Trust Act 1988 to the provisions of the Swan and Canning Rivers Management Act 2006; or

effecting the transition from the provisions of an Act amended by a provision of this Act (the amending provision) as in force before this Act comes into operation to the provisions of that Act as in force after the amending provision comes into operation.

Regulations made under subsection (1) may provide that specified provisions of the Swan and Canning Rivers Management Act 2006 as in force on or after the commencement of that Act, or of subsidiary legislation made under that Act, or of an Act amended by this Act —

do not apply; or

apply with specified modifications,

If regulations under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms.

In subsections (3) and (4) —

If regulations contain a provision referred to in subsection (4), the provision does not operate so as —

to affect in a manner prejudicial to any person (other than the State, an authority of the State or a local government), the rights of that person existing before the day of publication of those regulations; or

impose liabilities on any person (other than the State, an authority of the State or a local government) in respect of anything done or omitted to be done before the day of publication of those regulations.

Unless the context otherwise requires, a reference in a written law to an enactment repealed by section 4 includes a reference to the corresponding provision, if any, of the Swan and Canning Rivers Management Act 2006.

A reference in a written law to the management area of the Swan River Trust may, where the context so requires, be read as if it had been amended to include or be a reference to the development control area under the Swan and Canning Rivers Management Act 2006.

On the commencement day the members of the Swan River Trust established under the Swan River Trust Act 1988 cease to hold office.

If in a written law or other document or instrument there is a reference to the chairman or a member of the Swan River Trust, that reference may, where the context so requires, be read as if it had been amended to be a reference to the chairman or a member of the board of the Swan River Trust established under the Swan and Canning Rivers Management Act 2006.