Waterways Conservation Act 1976

In this section a reference to a licence includes a reference to a permit, approval, consent or authorisation granted under the Swan River Conservation Act 1958, and continued in force pursuant to section 4.

Any person, in the prescribed manner, if any, may apply to the Minister for a licence authorising him to do or to omit to do anything the doing or omission of which would otherwise constitute an offence against this Act, and on payment of such fees or charges as may be prescribed in relation thereto the Minister may grant, renew or transfer any such licence.

The Minister, on giving written notice to the applicant of the reason, may refuse any application and no person shall be entitled to the grant, renewal or transfer of a licence as of right notwithstanding any other law or established practice.

The grant of a licence may be authorised subject to such reasonable conditions as the Minister thinks fit, which conditions shall be endorsed upon or attached to the licence when granted.

The Minister, at any time during the currency of a licence, by notice in writing given to the holder of the licence, may —

vary or add to the conditions of the licence; or

in the case of an unconditional licence, provide that it shall be subject to reasonable conditions specified in the notice,

The Minister may renew the period of operation of a licence from time to time, or transfer the authority it confers from one person to another, or, where its operation relates to any place, may transfer that operation to another place of the same kind.

Where in the opinion of the Minister a person is contravening, or is likely to contravene, the provisions of this Act the Minister may give to that person a notice in writing informing him of the opinion of the Minister and, where the Minister considers that the matter is one capable of being dealt with by a licence the conditions of which will impose a satisfactory degree of control, may thereby require him to apply for such a licence instead of instituting proceedings for the alleged offence.

Where the owner, and any person occupying the land with the consent of the owner, has given approval in writing the powers conferred by this section may be exercised in relation to any land placed by the owner, lessee or licensee of that land under the control or management of the Minister.

Where the holder of a licence contravenes or fails to comply with any condition endorsed upon or attached to the licence —

he commits an offence and is liable for his act or omission to the extent that it was not authorised by the licence; and

the court may, in addition to any other penalty, by order cancel the licence; and

the Minister may, by notice in writing given to the holder of the licence, revoke that licence or suspend the operation of it for such period as the Minister thinks fit.

The variation of a condition of a licence does not affect any penalty or punishment incurred, imposed, or liable to be incurred or imposed, prior to that variation, or any investigation or legal proceedings in respect of such a penalty or punishment, notwithstanding any other enactment.

A person who is aggrieved —

by a refusal of the Minister to grant or renew a licence under this Act; or

by the revocation of a licence or the suspension of the operation of a licence pursuant to subsection (10); or

by a condition imposed by the Minister in relation to any licence,