Western Australia: Swan and Canning Rivers Management Act 2006 (WA)

Western Australia Swan and Canning Rivers Management Act 2006 Western Australia Swan and Canning Rivers Management Act 2006 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Crown bound 6 5. Objectives of Act and principles to be regarded 6 6. Objectives and principles paramount; disputes between CEO and Schedule 5 authority 9 7. Native title rights and interests, how affected by this Act 11 Part 2 — Land and waters to which this Act applies 8. Catchment area defined (Sch. 1) 12 9. Riverpark defined (Sch. 1 and 2) 12 10. Development control area defined (Sch. 1 and 3) 12 11. River reserve defined (Sch. 1 and 4), reserved and vested in Trust 12 12. Riverpark shoreline, responsibility for 14 13. Amending Schedules 1 to 4 by regulations 16 14. Boundaries of catchment area etc., proving 18 15. Boundaries of catchment area etc., resolving questions as to 18 Part 3 — Swan River Trust Division 1 — Establishment and management 16. Trust established and nature of 20 17. Trust is agent of Crown etc. 20 18. Board of management of Trust 20 19. Board, membership of 20 20. Board, constitution and proceedings of (Sch. 6) 22 21. Remuneration and allowances of members 22 22A. CEO entitled to attend board meeting 22 22. Local governments and Metropolitan Redevelopment Authority, attendance of nominees of at board meetings 22 Division 2 — Functions and powers 23. Functions of Trust 24 24. Powers of Trust 26 25. Consultation and matters to be considered by Trust 26 28A. Assistance, staff and facilities to be provided 27 28B. Delegation by Trust 27 28C. Minister may give Trust directions 28 28D. Minister to have access to information 28 28E. Trust may appoint committees 29 28F. Execution of documents 30 28G. Annual report 31 Part 4A — Management of land and waters 28. CEO may agree to manage private land 32 29. CEO may grant leases of River reserve 32 30. Consequences of contravening River reserve lease 34 31. River reserve lease, procedure for forfeiting 35 32. CEO may enter into licence agreements in relation to River reserve 36 32A. Terms and conditions of licence agreements 37 32B. Consequences of contravening conditions of licence agreement determined by CEO under s. 32A(2)(a) 39 Part 4B — Administration Division 1 — Functions and powers of CEO 33. Functions of CEO 41 34. Consultation and matters to be considered by CEO 42 35. Consultation with local governments and Metropolitan Redevelopment Authority 43 36. Payment for advice and other matters 44 37. Collaborative arrangements 44 38. Delegation by CEO 45 Division 2 — Inspectors 39. Inspectors, designating etc. 47 40. Identity cards for inspectors 47 Part 4 — Targets and strategic documents Division 1 — Ecological and community benefit and amenity targets 47. Regulations may prescribe targets 49 48. Consultation with public authorities etc. about proposed s. 47 regulations 49 49. Draft s. 47 regulations to be publicly notified 50 50. Public submissions about draft s. 47 regulations 50 Division 2 — Strategic documents 51. River protection strategy, content of 51 52. Comprehensive Management Plan and Implementation Strategy (2004), temporary effect of 52 53. Management programmes, content of 52 54. Codes and subsidiary legislation, river protection strategy and management programme may adopt 53 55. Documents not prepared by Trust, approval of as strategic documents 54 Division 3 — Preparation, approval and revision of river protection strategy and management programmes 56. Trust to prepare draft documents 54 57. Consultation with local governments etc. about proposed documents 55 58. Draft document to be publicly notified 56 59. Public submissions about draft document 56 60. Draft document to be referred to certain bodies 57 61. Consultation with relevant Minister about draft document 57 62. Approval of draft document by Minister 58 63. Approval of strategic document to be published; when strategic document operates 59 64. Certain strategic documents, periodic review of 59 Division 4 — Compliance with strategic documents 65. Who has to comply with strategic documents; documents etc. to be publicly available 61 66. Trust to report etc. on targets, compliance etc. 61 Part 5 — Development in development control area 67. Terms used 63 68. Land etc. owned by etc. public authority, use and development of 63 69. Developments to which this Part applies 64 70. Development to be approved 64 71. Certain reclamations to be authorised by Parliament 65 72. Approval, applying for 66 73. Consultation with local governments etc. about development application 67 74. Development applications to be publicised 68 75. Draft report by CEO on proposed development 69 76. Report by CEO to Minister on proposed development 71 77. Minister's options after considering s. 76 report 72 78. Review committee under s. 77(1)(b)(ii), membership of etc. 73 79. Review committee's functions as to CEO's recommendations 73 80. Minister's decision 73 81. Financial assurance condition may be imposed on approval 75 82. Condition etc. on approval, request for reconsideration of 76 83. Correction of approval 77 84. Variation or extension of approval 77 85. Approvals by CEO 78 86. CEO must give section 85 decision to Minister 79 87. Minister may revoke CEO's decision 79 88. False statements in applications 80 89. Refusal etc. of development, compensation for injurious affection for etc. 80 Part 6 — River protection notices 90. CEO may request advice from Trust on issue of river protection notice 83 91. Issue of notice by CEO 84 92. Service of notice 85 93. Who a notice binds 86 94. Memorial on land title of notice 86 95. Owner etc. of land subject to s. 94 memorial, duties of if land changes ownership etc. 87 96. CEO must give notice of memorial or withdrawal 88 97. Notice subject of s. 94 memorial binds new owners of land 88 98. Financial assurance requirement, inclusion of in notice 89 99. Amending or cancelling notice 90 100. Review by SAT of requirement or amendment in notice 90 101. Contravening notice, offence 91 102. CEO's powers in case of contravention of notice 91 103. Entry to land etc. to ensure compliance with notice, powers as to 92 Part 7 — Investigation and enforcement Division 1 — Preliminary 104. Terms used 93 Division 2 — Investigative powers 105. Purposes for which investigation may be carried out 93 106. Personal details of suspect, powers to obtain 94 107. Entry etc. powers 95 108. Records, powers to obtain 96 109. Exercise of power may be recorded 97 110. Force and assistance, use of 97 Division 3 — Entry warrants 111. Entry warrant, who may apply for 98 112. Applications for entry warrant, how to be made 98 113. Entry warrant, issue of 100 114. Entry warrant, effect of 100 Division 4 — Enforcement provisions 115. Obstructing or impersonating inspector, offence 101 116. CEO's powers in respect of illegal development 101 117. Abandoned etc. property, powers as to 103 118. Recovery of costs in case of financial assurance 104 Part 8 — Legal proceedings Division 1 — General matters 119. Prosecutions, commencing etc. and averments in 107 120. Time limit for prosecuting 107 121. Establishing state of mind of body corporate 108 121A. Liability of officers for offence by body corporate 108 Division 2 — Infringement notices 122. Terms used 108 123. Infringement notices 109 Division 3 — Offences under other Acts 124. Offences under other Acts (Sch. 8), enforcing under this Act 110 125. Offences under other Acts (Sch. 8), prosecuting 111 126. Alleged offences under other Acts (Sch. 8), infringement notices for 111 Part 9 — Swan and Canning Rivers Foundation 127. Foundation established 113 128. Council to govern Foundation 113 129. Functions of Foundation 113 130. Powers of Foundation 113 131. Swan and Canning Rivers Foundation Account 113 132. Rules for this Part 114 Part 10 — General 133. Delegation by Minister 116 134. Duties and liabilities of members etc. performing functions under this Act 116 135. Protection from personal liability 118 136. Regulations 118 137. Review of Act 120 Part 11 — Transitional provisions Division 1 — Provisions for Swan and Canning Rivers Management Amendment Act 2015 138. Terms used 121 139. Completion of things commenced 122 140. Continuing effect of things done 122 141. Contracts, agreements and other instruments 122 142. Assignment to State or CEO 123 143. Swan River Trust Account 124 144. Registration of documents 124 145. Exemption from State taxation 125 146. Development applications 126 147. River protection notices 126 148. Transitional regulations 127 149. Interpretation Act 1984 not affected 128 Division 2 — Provisions for Swan and Canning Rivers Management Amendment Act 2023 150. Certain licences granted under s. 32 before commencement of Swan and Canning Rivers Management Amendment Act 2023 128 Schedule 1 — Catchment area Schedule 2 — Swan Canning Riverpark Schedule 3 — Development control area Schedule 4 — River reserve Schedule 5 — Authorities Schedule 6 — Constitution and proceedings of the board Division 1 — General provisions 1. Term used: appointed member 138 2. Term of office 138 4. Resignation and removal 138 5. Leave of absence 139 6. Deputy chairman 139 7. Temporary members 139 8. Meetings, times and places of, quorum at etc. 139 9. Resolution may be passed without meeting 140 10. Meetings by telephone etc. 141 11. Minutes of meetings 142 12. Procedures 142 Division 2 — Disclosure of interests 13. Term used: member 142 14. Material personal interests to be disclosed 142 15. Member with material personal interest not to vote etc. 142 16. Clause 15 may be declared inapplicable 143 17. Quorum if cl. 15 applies 143 18. Minister may declare cl. 15 and 17 inapplicable 143 19. Supplementary provision about laying documents before Parliament 144 Schedule 7 — Local governments Schedule 8 — Prescribed regulations Notes Compilation table 147 Uncommenced provisions table 149 Defined terms Western Australia Swan and Canning Rivers Management Act 2006 An Act to make provision for — * the protection of the Swan and Canning Rivers and associated land to ensure maintenance of ecological and community benefits and amenity; * the establishment of a Trust to provide advice and perform other functions in respect of the Swan and Canning Rivers and associated land; * the management policies to be followed in relation to the Swan and Canning Rivers and associated land; * the establishment of a Foundation with fund‑raising and other functions, and for related purposes. [Long title amended: No. 6 of 2015 s. 4.] Part 1 — Preliminary 1. Short title This is the Swan and Canning Rivers Management Act 2006. 2. Commencement (1) This Act comes into operation on a day to be fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Terms used (1) In this Act, unless the contrary intention appears — board means the board of management referred to in section 18; CALM Act means the Conservation and Land Management Act 1984; catchment area means the land and waters referred to in section 8; CEO means the chief executive officer of the Department; chairman means chairman of the board; committee means a committee established under section 28E; Crown land has the meaning given to that term in the Land Administration Act 1997; Department means the department of the Public Service principally assisting in the administration of the CALM Act; Department's website means a website maintained by the Department; development means — (a) the erection, construction, demolition, alteration or carrying out of any building, excavation, or other works, in, on, over or under land or waters; and (b) a material change in the use of land or waters; and (c) any other act or activity in relation to land or waters declared by the regulations to constitute development, but does not include any work, act or activity declared by the regulations not to constitute development; development control area means the land and waters referred to in section 10, and includes any land the subject of an agreement under section 28 for management as if the land were part of the development control area; Executive Body means the Conservation and Land Management Executive Body established by the CALM Act section 36; Foundation means the Swan and Canning Rivers Foundation established under section 127; Foundation Account means the Swan and Canning Rivers Foundation Account referred to in section 131; high water mark — (a) in relation to tidal waters — means the ordinary high water mark at spring tides; and (b) in relation to non‑tidal waters — means the ordinary high water mark at winter level; inspector means — (a) a person designated as such under section 39; or (b) a police officer; land includes tidal land and land covered by water, whether continuously or discontinuously; licence agreement has the meaning given in section 32; lot has the meaning given to that term in the Planning and Development Act 2005; management programme means a management programme referred to in section 53 and approved and in force under Part 4; member means a member of the board; Metropolitan Redevelopment Authority means the body established by the Metropolitan Redevelopment Authority Act 2011 section 4; Metropolitan Region Scheme has the meaning given to that term in the Planning and Development Act 2005; Minister for Planning means the Minister to whom the administration of the Planning and Development Act 2005 is committed; owner means — (a) in relation to freehold land — (i) a holder of the freehold; or (ii) a mortgagee in possession; and (b) in relation to Crown land — (i) the care, control and management of which has been placed in a management body as defined in the Land Administration Act 1997 — that management body; and (ii) which is reserved, set apart or vested for, or dedicated to, the purposes of another written law — the person who is responsible for the administration of that Crown land while it is so reserved, set apart, vested or dedicated; and (iii) other than land referred to in subparagraph (i) or (ii) — the Minister for Lands, as referred to in the Land Administration Act 1997 section 7; (c) in relation to a strata lease as defined in the Strata Titles Act 1985 section 3(1) — the owner of the lot to which the strata lease relates, within the meaning of that Act; prescribed means prescribed by regulations made under this Act; public authority means — (a) a Government department, State trading concern, State instrumentality or State public utility; or (b) a local government or regional local government; or (c) any other person, whether corporate or not, who or which, under the authority of a written law, administers or carries on for the benefit of the State a social service or public utility; river protection notice means a notice referred to in section 91; river protection strategy means the river protection strategy approved and in force under Part 4; River reserve means the land and waters referred to in section 11(2); River reserve lessee means the holder of a lease granted under section 29; Riverpark means the land and waters referred to in section 9, and includes any land the subject of an agreement under section 28 for management as if the land were part of the Riverpark; Riverpark shoreline has the meaning given to that term in section 12; Schedule 5 authority means a person listed in Schedule 5; strategic document means — (a) the river protection strategy; or (b) a management programme; or (c) a document approved under section 55; Trust means the Swan River Trust established by section 16; unallocated Crown land has the meaning given to that term in the Land Administration Act 1997; waters includes the riverbed and subsoil normally covered by waters when at the high water mark; Western Australian Planning Commission means the body established by the Planning and Development Act 2005 section 7. (2) Deposited plans referred to in this Act are those held by the agency of the Public Service that principally assists in the administration of the Transfer of Land Act 1893. [Section 3 amended: No. 45 of 2011 s. 144(2)‑(4); No. 6 of 2015 s. 5 and 53; No. 30 of 2018 s. 191; No. 2 of 2023 s. 4.] 4. Crown bound This Act binds the Crown in right of the State and, so far as the legislative power of the State permits, the Crown in all its other capacities. 5. Objectives of Act and principles to be regarded (1) The objectives of this Act are — (a) to provide for the restoration and protection of the development control area and the Riverpark; (b) to provide for the management of activities that affect the ecological and community benefits and amenity of the development control area and the Riverpark; (c) to provide for the needs of future generations in relation to the ecological and community benefits and amenity of the development control area and the Riverpark; (d) to recognise the interests of the Nyungah community and other people in the community with an association with the development control area or the Riverpark and to provide for their participation in the management of those areas and the management of activities affecting the ecological and community benefits and amenity of those areas; (e) to promote and facilitate the good management of the catchment area to meet the objectives referred to in paragraphs (a) to (d). (2) In pursuing the objectives of this Act regard should be had to the following principles — Table 1. Sustainability principles (1) Sound environmental practices and procedures should be adopted as a basis for sustainability for the benefit of all human beings and the environment today, while considering the environmental, social and economic needs of future generations. (2) Environmental, social and economic factors should be considered in decision‑making, with the objective of improving community well‑being and the benefit to future generations. (3) Environmental practices and procedures should be cost‑effective and in proportion to the significance of the environmental risks and consequences being addressed. 2. Precautionary principle (1) Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. (2) In the application of the precautionary principle, decision‑making should be guided by — (a) a careful evaluation to avoid serious or irreversible damage to the environment wherever possible; and (b) an assessment of the risk‑weighted consequences of the options. 3. Intergenerational equity The present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations. 4. Biodiversity and ecological integrity Biodiversity and ecological integrity should be maintained or enhanced as part of the irreplaceable life support systems upon which the earth depends. 5. Shared responsibility Protection of the environment is a responsibility shared by Government, industry, business, the community and the people of the State. 6. Best practice When designing policies, systems, procedures or technologies, the best practicable measures available at the time should be used. 7. Continuous improvement Implementation of natural resource management should aim for continuous improvement and extend beyond compliance with relevant laws and requirements. 8. Accountability and transparency (1) Members of the community should be given — (a) access to reliable and relevant information; and (b) opportunities to participate in policy and programme development. (2) Decisions should be made in a transparent manner and be made public. 6. Objectives and principles paramount; disputes between CEO and Schedule 5 authority (1) Persons involved in the administration of this Act, and Schedule 5 authorities, should perform their functions with due regard to the objectives and principles of this Act. (2) The provisions of any other written law must be construed and applied — (a) with due regard to the objectives and principles of this Act; and (b) so that those objectives and principles are paramount, unless that construction or application would — (c) be inconsistent with the objects and intentions of that written law; or (d) substantially interfere with the operation of the provisions of that written law. (3) Except where the contrary intention is expressed in this Act, the vesting in the CEO or Trust of functions in respect of the development control area and the Riverpark does not limit the functions vested by any written law in any other person in respect of those areas. (4) If a provision of this Act, other than a provision of Part 5, is in conflict with a power conferred on a Schedule 5 authority by a written law, the Schedule 5 authority and the CEO must endeavour to reach agreement as to which provision will prevail. (5) If a question, difference or dispute arises, or may arise, between a Schedule 5 authority and the CEO as to the rights, powers or authority of, or the discharge of any duty by, a Schedule 5 authority, or as to their respective functions or interests, on a matter referred to in subsection (4), then — (a) if the matter relates to the functions of a government department — the Minister charged with the administration of that government department (the Schedule 5 Minister) may consult with the Minister; (b) if the matter relates to the functions of a statutory authority — the Minister to whom the Governor has committed the Act under which the statutory authority is established or continued (the Schedule 5 Minister) may consult with the Minister. (6) If the Ministers agree after consultation under subsection (5), the Schedule 5 Minister must give the Schedule 5 authority, and the Minister must give the CEO, such directions as result from the consultation and agreement. (7) If no consultation under subsection (5) is concluded or the Ministers cannot agree as to the matter, the matter may be finally and conclusively determined by the Governor, and effect must be given to the determination. (8) The Governor may finally and conclusively determine any question, difference or dispute arising or about to arise between a Schedule 5 authority and the CEO as to the rights, powers or authority of, or the discharge of any duty by, a Schedule 5 authority, or as to their respective functions or interests, on a matter referred to in subsection (4) whether or not referred to the Governor under subsection (7) and whether or not the Ministers had purported to agree under subsection (6), and effect must be given to the determination. (9) Without limiting subsection (4), the regulations may make provision as to the manner and circumstances in which a conflict referred to in subsection (4) must be brought to the notice of the CEO. (10) The performance of a function by the CEO, the Trust or a Schedule 5 authority cannot be appealed against, reviewed, quashed, challenged, or called in question, before or by any person acting judicially or a court or tribunal on any account or by any means on the ground that the performance of the function does not comply with subsection (1) or (2). [Section 6 amended: No. 6 of 2015 s. 51 and 53.] 7. Native title rights and interests, how affected by this Act (1) In this section — affect has the meaning given to that term in the NTA section 227; native title rights and interests has the meaning given to that term in the NTA section 223; NTA means the Native Title Act 1993 of the Commonwealth. (2) Nothing done by or under this Act operates to affect any native title rights and interests. (3) Subsection (2) does not apply to the extent that the effect on those rights and interests is valid by the operation of, or by anything done under, the NTA or another law of this State. Part 2 — Land and waters to which this Act applies 8. Catchment area defined (Sch. 1) A reference in this Act to the catchment area is a reference to the land and waters within the area for the time being described in Schedule 1. 9. Riverpark defined (Sch. 1 and 2) A reference in this Act to the Riverpark is a reference to the land and waters that are — (a) a part of the catchment area; and (b) within the area for the time being described in Schedule 2. [Section 9 amended: No. 6 of 2015 s. 53.] 10. Development control area defined (Sch. 1 and 3) (1) A reference in this Act to the development control area is a reference to the land and waters that are — (a) a part of the catchment area; and (b) within the area for the time being described in Schedule 3. (2) Land and waters that are within the development control area may overlap, or be the same as, land and waters that are within the Riverpark. [Section 10 amended: No. 6 of 2015 s. 53.] 11. River reserve defined (Sch. 1 and 4), reserved and vested in Trust [(1) deleted] (2) Subject to subsection (9), a reference in this Act to the River reserve is a reference to the land and waters that are — (a) a part of the catchment area and a part of the Riverpark; and (b) within the area for the time being described in Schedule 4. (3) Subject to subsection (9), the land and waters described in Schedule 4 are reserved under the Land Administration Act 1997 Part 4 for the purpose of protection and enhancement of the ecological and community benefits and amenity of the Swan and Canning Rivers. (4) The purpose of the River reserve must not be amended or cancelled, and the boundary of the River reserve must not be altered, except by an Act or under section 13 or 15. (5) Subject to subsection (9), any other reservation or vesting of the land and waters described in Schedule 4 under — (a) the Land Administration Act 1997 Part 4; or (b) the Marine and Harbours Act 1981 section 9; or (c) any other written law, is, by this section, cancelled. (6) The cancellation under subsection (5) of a reserve as defined in the Land Administration Act 1997 has effect as if it were made under Part 4 of that Act. (7) Subject to subsection (9), the land and waters described in Schedule 4 are placed under the care, control and management of the Trust and cease to be vested in any other person or under the care, control and management of any other person. (8A) Despite the Land Administration Act 1997, the placing of the care, control and management of the River reserve with the Trust is only for the purposes of section 23 and does not otherwise limit the functions of the CEO under section 33. (8) The Registrar of Titles must take any necessary measures to register the reservation and placement of land and waters effected by subsections (3) and (7), and the necessary consequential changes, and for those purposes this section is to be treated as if it were an order under the Land Administration Act 1997 Part 4. (9) Nothing in this section applies to — (a) land which is not Crown land; or (b) any part of a marine reserve which — (i) immediately before the commencement of this section, is vested in the Marine Parks and Reserves Authority under the CALM Act; and (ii) is in the land or waters described in Schedule 4; or (c) any part of a nature reserve which — (i) immediately before the commencement of this section, is vested in the Conservation Commission of Western Australia under the CALM Act; and (ii) is in the land or waters described in Schedule 4. [Section 11 amended: No. 6 of 2015 s. 6.] 12. Riverpark shoreline, responsibility for (1) In this section — Minister for Lands means the Minister as defined in the Land Administration Act 1997; Riverpark shoreline means the area of Crown land in the Riverpark extending from 2 m below the high water mark to 2 m above the high water mark, measured horizontally above the surface of the land and including the surface of any structure built to retain the land; unmanaged reserve has the meaning given to that term in the Land Administration Act 1997. (2) Despite any written or other law to the contrary, the Minister for Lands is jointly responsible with the CEO for the care, control and management of any part of the Riverpark shoreline that is unallocated Crown land or an unmanaged reserve and for the maintenance of any wall or other structure on that part of the Riverpark shoreline. (3) Despite any written or other law to the contrary, a person who has the care, control and management of Crown land in the Riverpark shoreline is jointly responsible with the CEO for the care, control and management of that part of the Riverpark shoreline and for the maintenance of any wall or other structure on that part of the Riverpark shoreline. (4) The CEO and a person referred to in subsection (2) or (3) may agree to vary the area or structures for which they are jointly responsible under this section so as to include an area or structure that is not in the Riverpark shoreline. (5) The CEO must not enter into an agreement under subsection (4) except with the prior approval of the Minister. (6) Nothing in this section affects any covenant, contract or agreement relating to the care, control and management of land on the Riverpark shoreline made between — (a) the CEO and a person who has the care, control and management of land on the Riverpark shoreline; or (b) the CEO and another person; or (c) a person who has the care, control and management of land on the Riverpark shoreline and another person; or (d) any other persons. (7) Nothing in this section limits the powers of the Trust under Part 3 Division 2 or the powers of the CEO under Part 4B Division 1. [Section 12 amended: No. 6 of 2015 s. 7 and 51.] 13. Amending Schedules 1 to 4 by regulations (1) The regulations may amend Schedule 1, 2, 3 or 4 — (a) by adding any area to the catchment area, development control area, Riverpark or River reserve; (b) by excising any area from the catchment area, development control area, Riverpark or River reserve; (c) by deleting the catchment area, development control area, Riverpark or River reserve and substituting another area for it. (2) Before regulations are made for the purposes of subsection (1) the Minister must consult with — (a) the Minister for Planning; and (b) any other Minister of the Crown that the Minister considers has a relevant interest in the regulations; and (c) the local government — (i) of the district in which any proposed new boundary is located; and (ii) of the district in which the existing boundary that would be amended is located; and (d) any other public authority that has the care, control or management of land likely to be added to, excised from, or substituted for, land in the catchment area, development control area, Riverpark or River reserve. (2A) Subsection (2) does not apply to regulations amending Schedule 2 or 3 if — (a) an amendment to the Metropolitan Region Scheme (the MRS amendment) has been approved under the Planning and Development Act 2005 Part 4; and (b) either — (i) the MRS amendment is made by an Act; or (ii) public submissions were sought on the MRS amendment before it was approved; and (c) the Minister considers that the amendments to Schedule 2 or 3 to be made by the regulations are connected with the MRS amendment. (3) Land added to, or substituted for land in, the Riverpark or the River reserve must be Crown land. (4) The addition of an area to, excision of an area from, or substitution of an area for, the River reserve under this section has effect as if the area were added to, excised from, or substituted for, the River reserve under the Land Administration Act 1997 Part 4. (5) The Registrar of Titles must take any necessary measures to register any change to the reservation and placement of waters in the River reserve effected by a regulation under this section, and the necessary consequential changes, and for those purposes the regulation is to be treated as if it were an order under the Land Administration Act 1997 Part 4. (6) Regulations referred to in subsection (1) may provide for the substitution of a plan for a plan referred to in Schedule 1, 2, 3 or 4, or for the amendment of an area by reference to a further plan. (7) Despite any increase in the development control area effected by regulations referred to in subsection (1), any act or thing lawfully undertaken, and not discontinued or abandoned, before the commencement of those regulations in an area that was not in the development control area before that commencement but which is in the development control area after that commencement may be lawfully continued and completed as if those regulations had not come into operation. (8) Without limiting subsection (7), regulations referred to in subsection (1) may make further provisions of a transitional nature that are expedient to be made in respect of an amendment to Schedule 1, 2, 3 or 4 under subsection (1). [Section 13 amended: No. 2 of 2023 s. 5.] 14. Boundaries of catchment area etc., proving (1) In any proceedings — (a) a plan purporting to be a copy of a plan referred to in Schedule 1, 2, 3 or 4 or section 13(6) showing the boundaries or any boundary of the catchment area, development control area, Riverpark or River reserve; or (b) a notice published under section 15(3) of the location of a boundary of the catchment area, development control area, Riverpark or River reserve, is evidence of those boundaries or that boundary. (2) A person may not assert the invalidity of a plan referred to in Schedule 1, 2, 3 or 4 or section 13(6) on the ground of error, misdescription, irregularity or uncertainty if the error, misdescription, irregularity or uncertainty did not in fact mislead the person in a material way. 15. Boundaries of catchment area etc., resolving questions as to (1) If any question arises as to the boundary of the catchment area, development control area, Riverpark, River reserve, or Riverpark shoreline, the Trust, after giving the persons interested in the resolution of the question the opportunity to make submissions to it, must refer the question to the Minister with its opinion. (2) The Minister must submit the matter, together with the Trust's opinion, to the Governor for decision as to what is, or is to be treated as, the boundary of the catchment area, development control area, Riverpark, River reserve, or Riverpark shoreline, and the Governor's decision is final. (3) If any part of the boundary of the catchment area, development control area, Riverpark, River reserve or Riverpark shoreline is determined by the Governor under subsection (2) — (a) the boundary of the catchment area, development control area, Riverpark, River reserve, or Riverpark shoreline is to be taken to be the boundary determined by the Governor; and (b) the Minister must cause — (i) the location of that boundary to be notified in the Gazette; and (ii) a copy of the notice to be kept with the plans referred to in Schedule 1, 2, 3 or 4, whichever is relevant. (4) If, as a result of a determination by the Governor under subsection (2), the boundary of the River reserve is changed, the Registrar of Titles must take any necessary measures to register any change to the reservation and placement of waters in the River reserve, and the necessary consequential changes, and for those purposes the determination is to be treated as if it were an order under the Land Administration Act 1997 Part 4. Part 3 — Swan River Trust Division 1 — Establishment and management 16. Trust established and nature of (1) A body called the Swan River Trust is established. (2) The Trust is a body corporate with perpetual succession. (3) Proceedings may be taken by or against the Trust in its corporate name. 17. Trust is agent of Crown etc. The Trust is an agent of the Crown and has the status, immunities and privileges of the Crown. 18. Board of management of Trust (1) The Trust is to have a board of management. (2) The board is the governing body of the Trust. (3) The board, in the name of the Trust, is to perform the functions of the Trust under this Act or any other written law. 19. Board, membership of (1) The members of the board are — (a) 6 members appointed by the Minister, none of whom is an elected member of the council of a local government; and (b) the person holding or acting in the office of chief executive officer of the department principally assisting in the administration of the Planning and Development Act 2005, or a nominee of the chief executive officer approved by the Minister; and (c) a person appointed by the Minister whose name is included in a panel of 3 names submitted to the Minister by the Western Australian Local Government Association. (2) As far as is practicable, the membership of the board must comprise persons who between them have knowledge of, and experience in, the fields of conservation, natural resource management, recreation, tourism, planning, development, matters of interest to the rural community and matters of interest to the Nyungah community. (3) The Minister must designate one of the members appointed under subsection (1)(a) as chairman of the board. (4) Before appointing a member under subsection (1)(a) the Minister must publish in a newspaper circulating throughout the State a notice calling for expressions of interest in appointment to the board. (5) The Minister must consider expressions of interest lodged in accordance with the notice but may appoint a person as a member of the board whether or not the person has lodged an expression of interest. (6) Where the submission of a panel of names is required for the purposes of subsection (1)(c), the submission must be made to the Minister, in writing signed on behalf of the Western Australian Local Government Association, within such reasonable time after the receipt by it of a notice from the Minister that such submission is required as is specified in the notice. (7) If the submission has not been made in accordance with subsection (6) within the time specified under that subsection the Minister may nominate an elected member of the council of a local government to be a member of the board in place of the person provided for by subsection (1)(c). 20. Board, constitution and proceedings of (Sch. 6) Schedule 6 has effect. 21. Remuneration and allowances of members (1) In subsection (2) — member means a member appointed under section 19(1)(a) or (c) and a member of a committee. (2) A member is to be paid such remuneration and travelling and other allowances as are determined, in the case of that member, by the Minister on the recommendation of the Public Sector Commissioner. [Section 21 amended: No. 39 of 2010 s. 89.] 22A. CEO entitled to attend board meeting The CEO, or a nominee of the CEO, is entitled to attend any meeting of the board and to take part in the consideration and discussion of any matter before a meeting, but cannot vote on any matter. [Section 22A inserted: No. 6 of 2015 s. 8.] 22. Local governments and Metropolitan Redevelopment Authority, attendance of nominees of at board meetings (1) Subject to subsections (4) and (5), the chairman must by notice specifying the time and place of a meeting of the board, request a local government referred to in Schedule 7 or the Metropolitan Redevelopment Authority, to nominate a person to attend or participate in that meeting if a matter to be considered at that meeting is a relevant matter for that local government or the Metropolitan Redevelopment Authority. (2) A relevant matter for a local government is one that — (a) relates to a development or proposed development in a part of the development control area that is in or adjoins the district of that local government; or (b) is in the opinion of the chairman a matter that affects or is likely to affect the interest of that local government in a material way and to an extent that is greater than the extent to which other local governments referred to in Schedule 7 are affected. (3) A relevant matter for the Metropolitan Redevelopment Authority is one that relates to a development or proposed development that is in a redevelopment area as defined in the Metropolitan Redevelopment Authority Act 2011 section 3. (4) If the Metropolitan Redevelopment Authority is requested to nominate a person under subsection (1) in respect of a relevant matter, the chairman is not required to request a local government to nominate a person under that subsection in respect of that matter. (5) If a local government is requested to nominate a person under subsection (1) in respect of a relevant matter, the chairman is not required to request the Metropolitan Redevelopment Authority to nominate a person under that subsection in respect of that matter. (6) A notice under subsection (1) must be given — (a) in writing to the local government or Metropolitan Redevelopment Authority not less than 14 clear days before the meeting; or (b) in writing or by facsimile or electronic communication to the local government or Metropolitan Redevelopment Authority within such lesser period as the local government or Metropolitan Redevelopment Authority may, by notice in writing or by facsimile or electronic communication, agree. (7) A nomination under subsection (1) must be made — (a) if not less than 14 clear days notice of the meeting has been given, in writing delivered to the board not later than 3 clear days before the meeting; or (b) if the local government or Metropolitan Redevelopment Authority has agreed to a lesser period of notice, in writing or by facsimile or electronic communication before the meeting commences. (8) A person nominated under subsection (1) is entitled to attend or participate in a meeting for the purpose of considering any relevant matter in relation to which the person is nominated, and to attend or participate in any subsequent meeting that the chairman may request the person to attend in connection with that matter, and has all of the functions of a member in relation to the consideration of that matter at any such meeting. [Section 22 amended: No. 45 of 2011 s. 144(5)‑(9); No. 47 of 2011 s. 27; No. 6 of 2015 s. 53.] Division 2 — Functions and powers 23. Functions of Trust The functions of the Trust are — (a) subject to sections 11(8A) and 33, to have placed with it the care, control and management of the River reserve; and (ab) to develop policies — (i) for the protection and enhancement of the ecological and community benefits and amenity of the development control area and for the control of activities and development in that area; and (ii) for the protection and enhancement of the ecological and community benefits and amenity of the Riverpark and the Riverpark shoreline; and [(b), (c) deleted] (d) to establish targets for ecological and community benefits and amenity of the Riverpark, and mechanisms for evaluating achievement of those targets; and (e) in accordance with Part 4, to prepare and deal with proposed strategic documents under this Act; and (fa) to promote the implementation of strategic documents and establish mechanisms for monitoring compliance for the purpose of reporting and making recommendations under section 66; and (fb) in accordance with Part 5, to advise the CEO on matters relating to development in the development control area; and (f) to advise the CEO on and promote the activities of other bodies that have functions in relation to the catchment area, insofar as those functions may affect the Riverpark; and (g) to report to the Minister on — (i) the state of the development control area; and (ii) development on and adjoining the development control area; and (h) to provide advice to planning authorities so that, in relation to the Riverpark, proper provision is made in planning schemes for — (i) the reservation of land for protection, and future acquisition, of river foreshores; and (ii) protection and public use of land and waters; and (iii) protection of wildlife habitat; and [(i) deleted] (j) to provide advice and promote public education on any matter within its functions; and (k) to perform such functions as are delegated to it under this Act or any other written law; and [(l) deleted] (m) to perform any other function vested in it by this Act or any other written law. [Section 23 amended: No. 6 of 2015 s. 9.] 24. Powers of Trust (1) The Trust has all the powers it needs to perform its functions under this Act or any other written law. (2) The Trust may, with the approval of the Minister, engage persons under contracts for services to provide any professional, technical or other assistance that the Trust considers necessary for the performance of its functions under this Act. (3) An approval of the Minister under subsection (2) may be specific or may be given in general terms. [Section 24 amended: No. 6 of 2015 s. 10.] 25. Consultation and matters to be considered by Trust (1) The Trust must, so far as is practicable and consistent with this Act — (a) consult and collaborate with persons that are affected in a material way by the performance of its functions; and (b) have regard, in the performance of its functions, to — (i) protection and enhancement of the ecological and community benefits and amenity of the development control area and the Riverpark; and (ii) the significance of the waters in the Riverpark to the Nyungah community; and (iii) the requirements of public recreation; and (iv) the need to preserve right of access for the public to waters in the Riverpark; and (v) the interests of navigation, fisheries, agriculture and water supply. (2) The Trust must consult and collaborate with any body that appears to the Trust to have a role in regional natural resource management in the catchment area to ensure that, to the extent that is practicable, there is consistency between the strategies and programmes developed by the Trust and the functions of that body, to the extent to which those functions may affect the Riverpark. [Section 25 amended: No. 6 of 2015 s. 53.] [26, 27. Deleted: No. 6 of 2015 s. 11.] 28A. Assistance, staff and facilities to be provided The CEO must provide the Trust — (a) with any assistance it may reasonably require to perform its functions; and (b) without limiting paragraph (a), with any staff and facilities of the Department as the Trust may reasonably require to perform its functions. [Section 28A inserted: No. 6 of 2015 s. 11.] 28B. Delegation by Trust (1) In subsection (2) — eligible person means — (a) a member; (b) a committee or a member of the committee; (c) the CEO; (d) a member of staff provided under section 28A. (2) The Trust may, by resolution, delegate to an eligible person any function of the Trust under another provision of this Act or any other written law. (3) A delegate must not further delegate any function. (4) A person exercising or performing a function that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Trust to perform a function through an officer or agent. (6) This section does not apply to the execution of documents but the authority to execute documents on behalf of the Trust can be given under section 28F. [Section 28B inserted: No. 6 of 2015 s. 11.] 28C. Minister may give Trust directions (1) The Minister may give written directions to the Trust with respect to the exercise or performance of its functions, either generally or in relation to a particular matter, and the Trust must give effect to any such direction. (2) The text of a direction under subsection (1) must be included in the annual report of the Trust under section 28G. [Section 28C inserted: No. 6 of 2015 s. 11.] 28D. Minister to have access to information (1) In this section — document includes any tape, disk or other device or medium on which information is recorded or stored; information means information specified, or of a description specified, by the Minister that relates to the functions of the Trust; staff means staff provided under section 28A. (2) The Minister is entitled to have information in the possession of the Trust and, if the information is in or on a document, to have, and make and retain copies of, that document. (3) For the purposes of subsection (2) the Minister may — (a) request the Trust to provide information to the Minister; and (b) request the Trust to give the Minister access to information; and (c) for the purposes of paragraph (b) make use of staff to obtain the information and provide it to the Minister. (4) The Trust must comply with a request under subsection (3) and make staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection. [Section 28D inserted: No. 6 of 2015 s. 11.] 28E. Trust may appoint committees (1) The Trust may appoint committees to assist it in the performance of its functions, and may discharge or alter any committee so appointed. (2) A committee may include persons who are not members of the board. (3) Subject to the directions of the Trust and to the terms of any delegation under section 28B, a committee may determine its own procedures. [Section 28E inserted: No. 6 of 2015 s. 11.] 28F. Execution of documents (1) The Trust is to have a common seal. (2) A document is duly executed by the Trust if — (a) the common seal of the Trust is affixed to it in accordance with subsections (3) and (4); or (b) it is signed on behalf of the Trust by a person or persons authorised to do so under subsection (5). (3) The common seal of the Trust must not be affixed to any document except as authorised by the Trust. (4) The common seal of the Trust must be affixed to a document in the presence of the chairman and another member, or the chairman and a person employed in the Department authorised by the Trust either generally or in any particular case to be so present, and each of them must sign the document to attest that the common seal was so affixed. (5) The Trust may, by writing under its common seal, authorise a member or members or a person or persons employed in the Department to sign documents on behalf of the Trust, either generally or subject to such conditions or restrictions as are specified in the authorisation. (6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown. (7) A document executed by a person under this section without the common seal of the Trust is not to be regarded as a deed unless the person executes it as a deed and is authorised under subsection (5) to do so. (8) When a document is produced bearing a seal purporting to be the common seal of the Trust, it is to be presumed that the seal is the common seal of the Trust until the contrary is shown. [Section 28F inserted: No. 6 of 2015 s. 11.] 28G. Annual report (1) Despite the Financial Management Act 2006, the Trust must, not later than 30 November in each year, prepare and give to the Minister a report on its proceedings for the year ending on the preceding 30 June. (2) The Minister must cause the report to be laid before each House of Parliament as soon as is practicable after receipt by the Minister. [Section 28G inserted: No. 6 of 2015 s. 11.] [Pt. 3 (Div. 3) deleted: No. 6 of 2015 s. 15.] Part 4A — Management of land and waters [Heading inserted: No. 6 of 2015 s. 12.] 28. CEO may agree to manage private land (1) In this section — private land means any land that — (a) is alienated from the Crown for any estate of freehold; or (b) is the subject of a conditional purchase agreement, or of any lease (including a strata lease as defined in the Strata Titles Act 1985 section 3(1)) or concession with or without a right of acquiring the fee simple in that land. (2) The CEO may enter into and give effect to an agreement with the owner, lessee or licensee of any private land within the catchment area — (a) for the management of the land by the CEO as if it were part of the development control area or the Riverpark, or for some other public purpose, under this Act; and (b) for the purpose of obtaining rights of access and other rights necessary for the protection and enhancement of the ecological and community benefits and amenity of the development control area or the Riverpark. (3) No agreement is to be entered into under this section unless the owner and any person occupying the land with the consent of the owner have given approval in writing to the agreement. [Section 28 amended: No. 6 of 2015 s. 51; No. 30 of 2018 s. 192.] 29. CEO may grant leases of River reserve (1) In this section — lease includes sublease. (2) The CEO may grant a lease of land that is part of the River reserve — (a) if the transaction is made in circumstances, and in accordance with any condition, prescribed for the purposes of this paragraph; or (b) with the prior approval of the Minister. (3) A lease may be granted for the term, and on the terms and conditions, including a right of renewal, the CEO considers appropriate. (4) If a development to which the proposed lease relates is required to be approved under section 70, a lease — (a) must not be granted under this section unless that approval has been granted; or (b) must not be granted on any term or condition that is contrary to or inconsistent with that approval. (5) A person must not, without the prior approval of the CEO — (a) mortgage a lease granted under subsection (2); or (b) sell, transfer or otherwise dispose of the lease in whole or in part. (6) An act done in contravention of subsection (5) is void. (7) If land is leased under a power conferred under this section, the lessee may, unless the terms of the lease otherwise provide, restrict public access to the area leased. (8) If the Minister and the Minister to whom the administration of the Marine and Harbours Act 1981 is committed so approve, in respect of a lease granted under this section or referred to in the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006 section 13 — (a) the department responsible for administering the Marine and Harbours Act 1981 may manage the lease as an agent of the CEO; and (b) with the approval of the Treasurer, revenue derived from the lease may be credited to an agency special purpose account of the department established and maintained under the Financial Management Act 2006 section 16. [Section 29 amended: No. 77 of 2006 Sch. 1 cl. 165(1); No. 47 of 2011 s. 27; No. 6 of 2015 s. 51.] 30. Consequences of contravening River reserve lease (1) If a River reserve lessee fails to comply with any term or condition of the lease the CEO may give the lessee a default notice in accordance with this section. (2) A default notice given under subsection (1) must — (a) specify the term or condition with which the lessee has failed to comply; and (b) if the notice relates to a failure to comply with a term or condition of the lease which specifies that anything must be done, or must be done to the satisfaction of the CEO — (i) specify the actions which the CEO requires the lessee to take, or to take in order to satisfy it; and (ii) specify the time (being a reasonable period after the default notice is given) within which the action must be taken; and (c) require the lessee to comply with the term or condition; and (d) inform the lessee that a failure to comply with the default notice could result in a fine, the forfeiture of the lessee's interest in the lease under section 31, or both. (3) A River reserve lessee who fails to comply with a default notice given to the lessee under subsection (1) commits an offence. Penalty: (a) a fine of $50 000; (b) for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $5 000. (4) The liability of a person to be prosecuted for an offence under subsection (3) is not affected by the forfeiture of a lease to which the offence related. (5) The liability of a person to the forfeiture of a lease is not affected by the imposition of a penalty for an offence in relation to a matter to which the liability to forfeiture related. [Section 30 amended: No. 6 of 2015 s. 51; No. 2 of 2023 s. 6.] 31. River reserve lease, procedure for forfeiting (1) If the CEO is satisfied that a River reserve lessee has failed to comply with a provision of the lease, the CEO may give the lessee notice of the nature of the failure to comply and of the intention to cause the forfeiture of the lease. (2) A River reserve lessee may apply to the State Administrative Tribunal for a review of the decision to give the notice. (3) If — (a) no application for review is made under subsection (2); or (b) an application for review is made under subsection (2) but the applicant discontinues the application; or (c) an application for review is made under subsection (2) and the State Administrative Tribunal — (i) dismisses the application for want of prosecution; or (ii) affirms the decision to give the notice, the CEO may by order cause the lease to be forfeited. (4) The CEO must, when the CEO makes an order under subsection (3), lodge the order with the Registrar of Titles for registration. (5) On the registration of an order made under subsection (3) — (a) the lease is forfeited to the Crown; and (b) any moneys paid to the CEO in respect of that lease cannot be recovered by the River reserve lessee; and (c) any improvements made by the River reserve lessee on the land to which the lease relates become the property of the Crown. (6) The Land Administration Act 1997 section 35(5), (6), (7), (8), (9) and (12) apply for the purposes of this section as if — (a) a reference in those provisions to the Minister were a reference to the CEO; and (b) a reference in those provisions to the forfeiture of an interest under that section were a reference to the forfeiture of a lease under this section; and (c) a reference to the respondent were a reference to the River reserve lessee. [Section 31 amended: No. 6 of 2015 s. 51 and 53.] 32. CEO may enter into licence agreements in relation to River reserve (1) The CEO may enter into an agreement (a licence agreement) with a person (a licensee) under which the CEO grants the licensee a licence authorising the non‑exclusive occupancy and use of land and waters that are part of the River reserve, on the terms and conditions of the licence agreement. (2) A licence agreement must relate to land and waters in the River reserve on which development has been or is to be undertaken. (3) If the development is required to be approved under section 70 — (a) the CEO must not enter into the licence agreement unless approval has been granted; and (b) the terms and conditions of the licence agreement must not be contrary to, or inconsistent with, the approval. (4) A licence agreement has effect for the period referred to in section 32A(3)(a) and may be renewed in accordance with any terms of the agreement that provide for renewal. (5) Subject to section 32B, a licence agreement may be enforced in the same way as any other contract. (6) A licensee must not, without the prior approval of the CEO, sell, transfer or otherwise dispose of, in whole or in part, the licence agreement or any interest in it. (7) An act done in contravention of subsection (6) is void. (8) In accordance with paragraph (d) of the definition of licence in the Personal Property Securities Act 2009 (Commonwealth) section 10, a licence agreement is declared not to be personal property for the purposes of that Act. [Section 32 inserted: No. 2 of 2023 s. 7.] 32A. Terms and conditions of licence agreements (1) The terms and conditions of a licence agreement are — (a) the terms agreed between the CEO and the licensee and set out in the agreement; and (b) any conditions determined by the CEO under subsection (2) and set out in the agreement. (2) Before entering into a licence agreement, the CEO may determine conditions of the agreement that make provision for or in relation to any or all of the following — (a) the regulation, control or prohibition, for the purposes of protecting or enhancing the ecological and community benefits and amenity or good management of the River reserve, of any activity undertaken by or on behalf of the licensee in connection with the licence agreement (a relevant activity); (b) the indemnification by the licensee of the CEO, the Trust and the State for any loss or damage arising from the occupation or use of the land and waters to which the licence agreement relates or a relevant activity; (c) the waiver by the licensee of any liability in tort that may be incurred by the CEO, the Trust and the State in connection with the occupation or use of the land and waters to which the licence agreement relates or a relevant activity; (d) a requirement for the licensee to take out and maintain insurance in connection with the occupation or use of the land and waters to which the licence agreement relates or a relevant activity. (3) The terms agreed between the CEO and the licensee referred to in subsection (1)(a) — (a) must include the period for which the agreement has effect; and (b) may make provision for or in relation to matters referred to in subsection (2), but must not be contrary to, or inconsistent with, conditions determined under that subsection; and (c) may include a requirement for the licensee to pay rent or other charges. [Section 32A inserted: No. 2 of 2023 s. 7.] 32B. Consequences of contravening conditions of licence agreement determined by CEO under s. 32A(2)(a) (1) If a licensee fails to comply with a condition of a licence agreement determined by the CEO under section 32A(2)(a), the CEO may give the licensee a notice (a default notice) that — (a) specifies the condition with which the licensee has failed to comply; and (b) if the notice relates to a failure to comply with a condition that specifies that anything must be done, or must be done to the satisfaction of the CEO — (i) specifies the action that the CEO requires the licensee to take in order to comply with the condition; and (ii) specifies the time (being a reasonable period after the default notice is given) within which the action must be taken; and (c) requires the licensee to comply with the condition; and (d) informs the licensee — (i) that it is an offence to fail to comply with the default notice; and (ii) that failure to comply with the default notice may result in the termination of, or suspension of the licensee's rights under, the licence agreement. (2) A licensee who fails to comply with a default notice given to the licensee commits an offence. Penalty for this subsection: (a) a fine of $50 000; (b) for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $5 000. (3) If the licensee fails to comply with a default notice, the CEO may, by notice in writing given to the licensee — (a) terminate the licence agreement; or (b) suspend the rights of the licensee under the licence agreement for a specified period that the CEO thinks fit. (4) A licensee may apply to the State Administrative Tribunal for a review of a decision under subsection (3) to terminate, or suspend a licensee's rights under, a licence agreement. (5) The liability of a person to be prosecuted for an offence under subsection (2) in relation to a failure to comply with a default notice is not affected by any termination or suspension of rights under subsection (3) in relation to that failure to comply. (6) The CEO's powers under subsection (3) in relation to a failure to comply with a default notice are not affected by the imposition of a penalty for an offence in relation to that failure to comply. (7) This section does not limit the terms that may be agreed under section 32A(1)(a) in relation to the consequences of contravening any term or condition of the licence agreement other than a condition determined under section 32A(2)(a). (8) A termination or suspension of rights under subsection (3) does not affect any term or condition of the licence agreement that — (a) relates to a matter referred to in section 32A(2)(b) or (c); or (b) is expressed to continue despite a termination or suspension under this section. [Section 32B inserted: No. 2 of 2023 s. 7.] Part 4B — Administration [Heading inserted: No. 6 of 2015 s. 13.] Division 1 — Functions and powers of CEO [Heading inserted: No. 6 of 2015 s. 13.] 33. Functions of CEO (1) The functions of the CEO under this Act are as follows — (a) to manage — (i) the River reserve; and (ii) the Riverpark shoreline, either solely or jointly with another person; (b) to protect and enhance the ecological and community benefits and amenity of the development control area and control activities and development in that area; (c) to protect and enhance the ecological and community benefits and amenity of the Ri