1Short title
This Act may be cited as the Waterways Conservation Act 1976.
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Bill homepageThis Act may be cited as the Waterways Conservation Act 1976.
The provisions of this Act shall come into operation on such date or dates as is or are, respectively, fixed by proclamation.
In this Act, unless the context otherwise requires, —
associated land means land comprised within the boundaries of a management area as defined pursuant to section 10;
by‑law means a by‑law or, in relation to a local government, a local law, made under this Act;
CEO means the chief executive officer of the Department;
Department means the department of the Public Service principally assisting in the administration of this Act;
development control area has the meaning given by the Swan and Canning Rivers Management Act 2006;
discharge, in relation to waste or any other matter, includes causing or permitting it to be, or failing to prevent it from being, emitted, discharged, deposited or allowed to escape on or into the waters or associated land;
former Board means the Swan River Conservation Board constituted pursuant to the Swan River Conservation Act 1958;
function means powers and duties, and includes rights, benefits and obligations;
honorary warden means a person appointed to that office pursuant to section 62;
industrial includes any producing, manufacturing, or processing operation;
inspector means a person appointed to that office pursuant to section 61, and where the context permits includes a person exercising the powers of an inspector pursuant to subsection (5) of that section;
management area means an area of the State declared to be a management area for the purposes of this Act pursuant to section 10;
management programme means a programme of operations prepared pursuant to section 35;
pollution means any direct or indirect alteration of the environment to its detriment or degradation, and includes any effluent, litter, refuse, sewage, or waste, or any other matter or thing, of whatever kind and in whatever form, that impairs or is likely to impair the environment;
public authority includes a Minister of the Crown acting in his official capacity, a State Government department, a State instrumentality or agency, and any other person or body, whether corporate or not, who or which, under the authority of any Act, administers or carries on for the benefit of the State, or any district or part of the State, a social service or public utility;
Riverpark has the meaning given by the Swan and Canning Rivers Management Act 2006;
section means section of this Act;
sewage means any and all waste substance, liquid or solid, which is associated with human habitation, or which contains or may be contaminated with human or animal excrement, offal or feculent matter;
standard includes standards specifying the components, form and temperature of any matter, and prohibiting, restricting or controlling the discharge of any matter not complying therewith;
waste includes any and all waste substance, liquid or solid or gaseous, rubbish, refuse, garbage and materials used or produced in or by any industrial process, mining or quarrying, agriculture, commerce or any other trade or industrial undertaking or activity, sewage, household waste, effluent and other matter which causes or is likely to cause pollution, and any matter or thing prescribed to be waste for the purposes of this Act;
waters means the rivers, inlets and estuaries to which this Act applies; and for the purposes of the exercise of the power to obtain information as to pollution and the discharge of waste includes the tidal waters or parts of the sea adjacent to any river, inlet or estuary; and
working plan means a plan prepared pursuant to section 35 for the purposes of a management programme.
Where a meaning is assigned to any term by this section cognate expressions used in this Act, unless a contrary or other intention appears, have a corresponding meaning.
For the purposes of the definition of waters in subsection (1) any artificial canal, canal system, lake, lagoon, harbour or embayment connected to a river, inlet or estuary that is in a management area shall be deemed to form part of that river, inlet or estuary if it is —
within the associated land comprised in that management area; and
for the time being declared by the Order in Council defining that management area to form part of that river, inlet or estuary.
[Section 3 amended: No. 97 of 1982 s. 2; No. 77 of 1987 s. 36; No. 73 of 1995 s. 166; No. 14 of 1996 s. 4; No. 52 of 2006 s. 6; No. 38 of 2007 s. 143.]
The Swan River Conservation Act 1958 is hereby repealed.
[(2) deleted]
Without limiting the operation of the Interpretation Act 1918 1, until provision is made under this Act in relation to the matters formerly vested in or under the control or management of the former Board the regulations, Orders in Council, proclamations, notices, permits, approvals, consents or authorisations made or given under the Swan River Conservation Act 1958, shall in so far as they are not inconsistent with this Act apply to persons, acts, circumstances and things under this Act as if they were made under this Act.
[Section 4 amended: No. 21 of 1988 s. 24; No. 73 of 1995 s. 167.]
In this section a reference to the provisions of an Act includes a reference to the provisions of any regulation, local law, by‑law, Order in Council, proclamation, declaration or notice, made, given or promulgated under the provisions of that Act, and in the case of the Environmental Protection Act 1986 includes a reference to the provisions of an environmental protection policy approved under section 31 of that Act.
Where the provisions of this Act are in conflict with the provisions of —
the Bush Fires Act 1954; or
the Health (Miscellaneous Provisions) Act 1911; or
the Public Health Act 2016; or
subject to section 6, the Land Administration Act 1997; or
any Act for the time being providing for the conservation of wildlife or indigenous flora; or
any Act relating to the powers of a Port Authority established under the provisions of an Act within the area of competence of that Port Authority, in so far as such powers relate to matters affecting navigation or the conduct and management of the port; or
the Environmental Protection Act 1986,
or where the exercise of a power conferred by or under this Act would be inconsistent with the exercise of a power conferred by any such provisions, the provision of this Act shall be deemed not to apply in so far as it so conflicts and any such inconsistent power conferred by or under this Act shall, to the extent of the inconsistency, not be exercised so as to limit or restrict the exercise of the power conferred by or under that other Act.
In so far as the provisions of this Act are in conflict with the powers conferred on a local government by the Local Government Act 1995, or any other Act —
where the matter in question is a matter which in the opinion of the Minister relates entirely to the waters comprised within a management area for the time being defined pursuant to section 10(1) or any waters to which section 31 or section 32 applies, the provisions of this Act shall prevail; and
where the matter in question relates to associated land or land to which section 31 or section 32 applies and the Minister agrees with the local government that it is not likely to affect such waters, the provisions of this Act shall be deemed not to apply; and
where the matter in question is a matter which in the opinion of the Minister may indirectly affect such waters, the local government shall consult with the Minister,
and regulations made under this Act may make provision as to the types of matter that are to be taken as falling within the categories referred to in this subsection and as to the manner in which and the circumstances where such matters shall be brought to the notice of the Minister.
Nothing in this Act shall be construed as operating to prevent the grant of any right, tenement, lease, licence, permit or other interest under or pursuant to —
the Mining Act 1904 2; or
the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967; or
the Petroleum (Submerged Lands) Act 1967 3 or the Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982,
or any Act repealing or substituted for any such Act, but the provisions of this Act may have effect in relation to any works carried out in consequence of that grant.
Subject to the provisions of this section, this Act shall be construed so as to apply to any power and notwithstanding any right, however arising and whether conferred before or after the coming into operation of this Act, vested in any person, body or authority in relation to the waters and land to which this Act applies.
[Section 5 amended: No. 77 of 1986 s. 37; No. 14 of 1996 s. 4; No. 31 of 1997 s. 141; No. 35 of 2007 s. 108; No. 38 of 2007 s. 144 and 188; No. 19 of 2016 s. 101 and 343(1); No. 17 of 2024 s. 426 and 433.]
This Act binds the Crown.
Nothing in this Act in any way affects any right any person has at law to restrict or prevent pollution or to obtain damages.
The Minister may, by a notice in writing from time to time provide that any requirement of this Act does not apply in respect of —
any waters or land specified in the notice; or
any premises, act or thing specified in the notice; or
all premises, acts or things comprised in a class thereof so specified or situated in an area so specified; or
all or any premises, acts or things in the circumstances so specified.
The Minister may make any exemption granted under this section subject to such circumstances or conditions or both as the Minister may so specify, and an exemption granted under subsection (1) has effect according to its tenor.
When the circumstances and conditions subject to which an exemption has been granted under this section cease to exist or are breached, the exemption ceases to operate.
[Section 8 amended: No. 38 of 2007 s. 145 and 188.]
This Act applies to the waters and associated land comprised within the respective management areas for the time being defined pursuant to section 10(1), and to land or water to which section 31 or section 32 applies, but not elsewhere.
This Act does not apply in respect of the development control area or the Riverpark.
[(2) deleted]
Where any structure infringes the airspace over any such waters or associated land this Act applies to the whole of that structure.
[Section 9 amended: No. 21 of 1988 s. 25; No. 52 of 2006 s. 6; No. 38 of 2007 s. 147.]
On the recommendation of the Minister the Governor may by Order in Council published in the Gazette —
declare any area of the State containing one or more rivers, inlets or estuaries to be a management area for the purposes of this Act, assign a name to the area, define the boundaries of the waters and associated land comprised in the area, declare any artificial canal, canal system, lake, lagoon, harbour or embayment connected to a river, inlet or estuary that is in the area to form part of that river, inlet or estuary; or
amend any previous Order in Council made under this Act in relation to any area; or
declare that the provisions of this Act shall cease to apply to any waters or land.
[(2) deleted]
The boundaries of a management area shall be defined by reference to a map showing, where practicable using geographical features, the extent of the waters and land affected in such a way as to enable those boundaries to be readily established.
No land shall be included within a management area unless, in the opinion of the Minister, the inclusion of that land is necessary in order satisfactorily to achieve the control needed for the conservation and management of the waters by reason of the contour of that land or its use, proximity or other relevant circumstance.
An Order in Council made under subsection (1) defining or altering the boundaries of a management area, shall be laid before each House of Parliament within the 6 sitting days of such House next following the date of publication in the Gazette, and the provisions of section 42 of the Interpretation Act 1984, shall apply to any such Order in Council as if it had been a regulation.
This section does not apply in respect of the development control area or the Riverpark.
[Section 10 amended: No. 97 of 1982 s. 3; No. 21 of 1988 s. 26; No. 73 of 1995 s. 168; No. 52 of 2006 s. 6; No. 38 of 2007 s. 148.]
The Minister has the overall responsibility for the conservation of the waters and associated land to which this Act applies and for —
the preservation and enhancement of the quality of the environment and amenity of those waters and that land; and
the control and prevention of any act or omission which may cause the pollution of those waters or that land.
In addition to any other functions of the Minister, the Minister has the following functions —
to maintain and manage all areas to which this Act applies and to carry out works for the purposes of improving and maintaining the condition of the waters and associated land to which this Act applies;
to carry out, or cause to be carried out, river training, dredging, reclamation and structural works;
to control, under the regulations, acts or omissions which may cause the pollution of waters and associated land to which this Act applies;
to promote coordinated action by owners and occupiers of land, and public authorities having the control of land adjacent to or associated with any of the waters to which this Act applies, for the control and prevention of pollution;
to establish and develop criteria for the assessment of the extent of environmental change or pollution;
to specify standards and criteria and the methods of sampling and testing to be used for any purpose;
to conduct or promote relevant research or enter into projects for research or the collation of information;
to provide advice and disseminate knowledge on the conservation and good management of rivers, inlets and estuaries and of associated lands;
to publish reports and provide information for the purpose of increasing public awareness of the problems and remedies that exist in relation to environmental pollution as it relates to waters and associated land;
to carry out, or cause to be carried out, works for the preservation or enhancement of amenities or facilities for recreation;
to control, under the regulations, the excision or reclamation of any waters or associated land;
generally promote, encourage, coordinate and carry out planning and projects in the management and conservation of rivers, inlets and estuaries.
In performing his or her functions under this Act, the Minister may arrange for local governments and other public authorities to carry out works and may finance the works or reimburse the local government or authority concerned.
[Section 11 inserted: No. 38 of 2007 s. 150.]
The Minister is to perform his or her functions under this Act —
to the extent practicable, in consultation with relevant bodies, residents and other persons affected by the operation of this Act; and
to the extent practicable, jointly with relevant bodies, residents and other persons affected by the operation of this Act.
In relation to a management area, the Minister is to perform his or her functions under this Act —
in a way that is consistent with the management programme for that area and any working plan included in that programme; and
having regard to —
the interests of navigation, fisheries, agriculture, water supply and recreation in the area; and
the natural beauty and amenity of the area; and
the preservation of public rights of access to the area; and
the rights acquired by persons in relation to boat houses, jetties and other structures to the extent that the exercise of those rights is not likely to impair the environment.
In subsection (1) —
relevant bodies, for any particular area to which this Act applies, means —
the local government or governments for the area; and
any other public authority exercising functions in relation to the area; and
other bodies representing persons interested in the use of the waters and land in the area.
[Section 12 inserted: No. 38 of 2007 s. 150.]
[13. Deleted: No. 73 of 1995 s. 170.]
[14‑29. Deleted: No. 38 of 2007 s. 150.]
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