1Citation and commencement
(1)
These regulations may be cited as the Waterways Conservation Regulations 1981 1.
(2)
These regulations shall operate on and from the 42nd day after the day on which they are published in the Government Gazette 1.
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Bill homepageThese regulations may be cited as the Waterways Conservation Regulations 1981 1.
These regulations shall operate on and from the 42nd day after the day on which they are published in the Government Gazette 1.
In these regulations unless the contrary intention appears —
Act means the Waterways Conservation Act 1976, as amended;
aircraft means a machine that can derive support in the atmosphere from the reactions of the air;
Jetties Act means Jetties Act 1926, as amended;
proximate to any waters, in relation to associated land on which any thing is done or which is used for any purpose, means within such distance from any waters that, in the opinion of the Minister, the doing of the thing on that associated land or its use for that purpose is capable of affecting the enjoyment, whether aesthetically or otherwise, of a person using those waters or using any development of the associated land that is immediately adjacent to, and primarily intended for the better enjoyment of, those waters;
regulation is a reference to a provision of these regulations;
Schedule means schedule to these regulations;
subregulation means subregulation of the regulation in which the word is used.
Unless the contrary intention appears expressions used in these regulations have the same respective meanings as are given them in and for the purposes of the Act.
The several forms set out in Schedule 1 are prescribed for the respective purposes for which forms are required by these regulations, and a reference in these regulations to a form by its number is a reference to the form so numbered in Schedule 1.
[Regulation 2 amended: Gazette 22 Jan 1999 p. 221; 23 Nov 2010 p. 5865.]
Without limiting the discretion conferred on the Minister by section 5(3) of the Act in respect of matters not included in this regulation —
types of matters that are to be taken as falling within section 5(3)(a) of the Act include matters relating to —
the provision or removal of any jetty, boat house, groyne, pier, decking, wall or any other structure whether floating or otherwise, in, over, or contiguous with any waters;
the filling in wholly or partially, or dredging of, any portion of the bed of any waters, or the building up or other alteration of the bank or foreshore of any waters;
the provision or removal of any boat ramp, or launching place in and contiguous with any waters;
the discharge or proposed discharge of water or any waste into any waters, or onto or under any associated land so as, in the opinion of the Minister, to be likely to enter any waters;
the removal of weeds and other matter causing pollution, whether visual or otherwise, from any waters or from associated land proximate to any waters;
the removal, alteration, control or development of any vegetation, whether cultivated or not, from or in any waters or from or on associated land proximate to any waters, or the doing of any thing which in the opinion of the Minister may affect the development or continued existence of such vegetation;
the use for the disposal of rubbish, of associated land that is reserved under the Land Administration Act 1997, and proximate to any waters;
the nature of the use or proposed use of any associated land where —
that use or proposed use is for a noxious trade; or
that use or proposed use involves the creation of a source of waste that may, in the opinion of the Minister, substantially affect any waters; or
the topography or substratum of that or surrounding land is such as to make that land a significant watershed for any waters or result in water significant by its quantity or quality passing over or through that land;
the prevention or control of erosion of associated land where such erosion is, in the opinion of the Minister, likely to impair the condition of any waters or to detract, aesthetically or otherwise, from the enjoyment of any waters or recreational facilities associated with any waters;
types of matters that are to be taken as falling within section 5(3)(c) of the Act include matters relating to —
the development and control of camping, recreational or sanitary facilities in so far as such matters do not fall within section 5(3)(a) of the Act;
the provision or removal of bridges over any waters;
the design, construction and usage of buildings on associated land, other than land the subject of an agreement under section 31 of the Act, where the proximity of those buildings to any waters would be such as, in the opinion of the Minister, to affect, aesthetically or otherwise, the enjoyment of any waters or recreational facilities associated with any waters;
the construction of any drain designed to discharge directly or indirectly into any waters;
the use for the disposal of rubbish, of associated land reserved under the Land Administration Act 1997, that is not proximate to any waters;
the establishment of any commercial marina;
the use of any land proximate to any waters for the establishment of any commercial or industrial site.
[Regulation 3 amended: Gazette 4 Apr 2008 p. 1314; 23 Nov 2010 p. 5865.]
Where a local government authority becomes aware of any matter within its district that it considers falls within section 5(3)(a) or section 5(3)(c) of the Act, whether existing or proposed, it shall forthwith give notice to the Minister.
A local government authority shall, when considering into which category a matter falls, where the opinion of the Minister is a relevant factor, have regard to any general expression of opinion by the Minister of which that authority has notice.
Notice required to be given under subregulation (1) shall be in writing setting out such particulars as appear to the authority to be relevant, and the authority shall supply such further information as the Minister may request in relation thereto.
[Regulation 4 amended: Gazette 23 Nov 2010 p. 5865.]
Where notice is published in accordance with section 35(4) of the Act, of proposals to establish a management programme the for the first time in relation to an area, a person who desires to make a representation regarding the proposals shall do so in writing, signed by him and submitted together with any material in support of his representation, to the Minister within 40 days after that publication of the notice or before the expiry of such longer time as the Minister may direct.
A person making a representation under subregulation (1) shall state therein —
his full name, and where he makes the representation on behalf of some other person or body, or in some other capacity, the name of such person or body and the capacity in which he makes the representation; and
whether he or a person or body referred to in paragraph (a) has an interest in any property situate in or adjacent to the area the subject of the management programme; and
the description, whereabouts; size and use of any property, and the nature of any interest, referred to in paragraph (b).
[(3) deleted]
Where, pursuant to section 35(5) of the Act, the Minister directs that any proposal for amendment of a management programme shall be brought to the notice of persons likely to be affected, section 35(4) of the Act and the provisions of this regulation apply as if the proposal were a proposal to establish a management programme for the first time.
[Regulation 5 amended: Gazette 23 Nov 2010 p. 5861.]
For the purposes of this Part —
waters means waters to which section 48 of the Act applies.
[Regulation 6 amended: Gazette 23 Nov 2010 p. 5861.]
7. Use of waters in industrial plant etc.
A person shall not cycle water from any waters through any industrial plant or thermal control device associated with such plant except pursuant to and in accordance with a current licence issued under the Act.
A person contravening subregulation (1) commits an offence in respect of which section 48(9) of the Act shall apply.
A person shall not —
put any mud, earth, gravel, litter or other matter into any waters; or
put or keep disused car bodies or other visually offensive things on associated land proximate to any waters; or
discard any litter on associated land proximate to any waters; or
construct or use any drain designed to discharge directly or indirectly into any waters except with the approval of the Minister; or
launch any boat or other craft directly from a trailer into any waters except —
from privately‑owned land abutting on the waters; or
at a launching place approved for that purpose by the Minister;
or
except on behalf of the Minister disturb the bed, banks, or foreshore of any waters so as, in the opinion of the Minister, to endanger the stability of any part of the banks or foreshore or the vegetation thereon; or
except on behalf of the Minister excavate or dig channels in any part of the bed of any waters below high water mark, whether or not that part is then covered by water; or
except on behalf of, or with the approval in writing of, the Minister, construct any groyne, breakwater, or other structure intended to impede or alter the flow of any waters; or
discharge or permit the discharge of oil from any boat or craft into any waters, whether by the pumping out of a bilge, or by any other means; or
except in an emergency —
land or touch down an aircraft on any waters or associated land; or
take‑off an aircraft from any waters or associated land; or
stand, park, dock or moor an aircraft on any waters or associated land; or
embark passengers onto or disembark passengers from an aircraft on any waters or associated land; or
load freight onto or unload freight from an aircraft on any waters or associated land; or
refuel, service or repair an aircraft on any waters or associated land.
A person contravening subregulation (1) commits an offence and is liable to a penalty of —
in the case of an offence against paragraph (d) or (h) — $500;
in any other case — $200.
[Regulation 8 amended: Gazette 22 Jan 1999 p. 222; 23 Nov 2010 p. 5861‑2.]
A person shall not —
construct or permit the construction of, any boat ramp, slip, bridge, jetty, boat house, pier, decking, or any other structure, whether floating or otherwise, in, over or contiguous with any waters; or
construct a retaining wall at a bank of any waters; or
fill in, wholly or partially, or dredge any portion of the bed of any waters, or cut into, build up or otherwise alter the bank or foreshore of any waters; or
dig or excavate on associated land so as to endanger the stability or integrity of the banks or foreshore of any waters, or with the intention of causing any of the waters to be diverted into the place so dug or excavated,
except pursuant to and in accordance with a current licence issued under the Act.
A person contravening subregulation (1) commits an offence and is liable to a penalty of $500, and a further $50 in respect of each day for which the offence continues.
A person removing a structure referred to in regulation 9 shall —
in the case of a retaining wall or other structure the removal of which may impair the stability of, or damage, a part of the bank — first obtain the written permission of the Minister and then carry out the removal in accordance with any conditions attached thereto;
in any other case — notify the Minister in writing not later than 7 days after such removal.
A person contravening subregulation (1) commits an offence and is liable to a penalty of —
in the case of an offence against paragraph (a) — $200;
in the case of an offence against paragraph (b) — $100.
[Regulation 10 amended: Gazette 23 Nov 2010 p. 5862.]
Where a person carries out any works or proposed works contrary to these regulations the CEO may —
carry out such works as the CEO sees fit in order to remedy the contravention;
remove any works carried out contrary to these regulations,
and may recover from that person any expenses thereby reasonably incurred by the CEO, as a debt due to the Department.
[Regulation 11 amended: Gazette 23 Nov 2010 p. 5862.]
In this Part, unless the contrary intention appears, a reference to the Minister shall be construed as including a reference to a person or body acting on behalf of, or under the direction of, the Minister exercising a power conferred by delegation or otherwise pursuant to the Act or these regulations.
[Regulation 12 amended: Gazette 23 Nov 2010 p. 5863.]
A person applying pursuant to section 46(3) of the Act for the grant, renewal, or transfer of a licence authorising the doing or omission of anything which would otherwise constitute an offence against this Act shall do so in the appropriate form in Schedule 1, or, where no form is prescribed, in writing setting out all relevant information and addressed to the Minister.
After receiving an application the Minister may, in writing, direct the applicant to provide additional information relevant to the application.
Where the Minister approves an application under section 46(3) of the Act, the Minister shall notify the applicant in writing, specifying, where applicable, the appropriate fee set out in Schedule 2 upon payment of which the licence will be granted, renewed or transferred, as the case may be.
The Minister shall, upon receipt of the fee, if any, referred to in subregulation (3), grant, renew, or transfer the licence, as the case may be, and where no form of licence is prescribed, may issue the licence in an appropriate form.
This regulation does not apply to an application for a disposal licence or a licence referred to in regulation 17.
[Regulation 13 amended: Gazette 23 Nov 2010 p. 5863.]
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