The Swan River Management Act 2006 - Case Study Example

Name: Task: Tutor: Date: The Swan River management Act 2006 Introduction The Swan and Canning Rivers Management Act 2006 and other legislations associated with it took the place of the Swan River Trust in 1988. It was meant to give a new way of managing the rivers in a more coordinated manner. The Act has made it possible for activities impacting on the river to be managed in a coordinated manner. The legislation encourages communities to cooperate with government and the industry to improve the rivers through a management program for the River Park and a protection strategy. These collaborative efforts keep in mind the significance and value of the River and they are used to build on social, environmental and cultural values of the rivers based on the community’s wishes (Rohde, J. , 1995).The new legislation therefore focuses on developing better methods through which government, the community and the industry can cooperate in maintaining the health and usefulness of the rivers. This essay focuses on analyzing the Swan and Canning Rivers Management Act by discussing the overarching policy, the object clause, the scheme, the legal instruments, and the policy instruments by making use of Fisher's 2010 doctrines of powers, liabilities, rights and environmental duties. It also covers the amendments made over time and their significance. The overarching policy The overarching policy has regulations that seek to prohibit any kind of illegal action in the management of the river. The overarching policy is found in Part 7 of the Act. It stipulates the circumstances under which there can be investigations. It gives the purposes for which investigations could be warranted. Investigations can be done to find out if the requirements in schedule eight are being met or find out if it is necessary to issue a river protection notice. The overarching policy in part 7 also gives the powers to obtain people’s personal details such as name, date of birth and address of residence (Rohde, J. 1995). It lays down the circumstances under which a person involved in an offence in the RiverPark is required to give out his personal details. A person who provides false details is fined $ 10,000. The overarching policy also gives powers to investigative officers on how they can enter a place or non residence area of any person to carry out investigations. Among other things, the inspector can take samples, access a vehicle, enter a place; take photos and films as long as information can be found through such activities. All these rights of investigative officers are allowed in order to help prevent people from breaking the laws and regulations laid down for the management of the RiverPark (Chart and Map 2011). Object clause The Act was enacted with the objectives of providing for the protection and restoration of the River park and development control area. It also provides for the control of activities that have an impact on the ecological and community gains and facilities of the development control area and the as well as the River park. It aims at caring for the needs of prosperity as far as the community and ecological benefits are concerned as well as the facilities of the development control area and the entire River Park (Australian Government 2012). It puts into consideration the Nyungah community interests and those of other members of the community that have an association with the development control area and the River Park. It provides for their involvement in managing those areas and the participation in activities that have an impact on the community and ecological benefits and area amenity. It promotes and enhances proper managing of the catchment area to ensure that all the objectives laid down are met. The Act also sets out to make provisions for protection of the rivers and the land around them so that the amenity, ecological and community benefits can be maintained. It provides for the establishment of the Trust that has duties for planning, management and protection of the rivers and the land around them. it also provides for policies for management that the Trust must follow as well as other people involved in the Swan and Canning Rivers and the land close to them. Finally, the Act provides for the establishment of a foundation that has among other duties fund raising for purposes related to that (Australian Government 2102). The scheme The scheme shows the plan of action that has been laid down to achieve the objectives of the Swan River Management Act. This plan of action shows the steps that can be taken to reach the goal of the Act. The scheme of the Act is found in the functions and powers and the strategy of river protection dealt with in Divisions 1, 2 and 3. The trust is mandated to give protection to the river park and enhance its ecological and community benefits. It has power to do everything to ensure that this role is carried out effectively. The Act therefore operates through the powers given to the trust to ensure that there are ecological benefits the community is getting from the River Park and its amenity (Western Australia Consolidated Acts, 2012). Division of the strategic documents and which has the river protection strategy gives the scheme. It outlines what the strategy should achieve for the efforts of river management. It shows how the strategy may be put to use to ensure that the ecological and community benefits and the amenity of the river are secured through proper management. The strategy shows how the objectives outlined in the Act can be achieved. The comprehensive management plan and implementation strategy of 2004 also gives guidelines on how the objectives of the Act can be realized. It shows the various things that a management program is mandated to do in order to ensure that the ecological and community benefits and amenity of development control area are enhanced and protected. The subsidiary rules and code that the strategy for river protection can use are also spelt out. Division 3 and 4 also deal with the river protection strategy. They provide various ways through which strategic documents can be complied with and the circumstances under which these documents can be prepared, approved and revised to ensure that they fit into their intended plan. In general, division 2, 3 and 4 have been used to show how the strategy for the protection of the river looks like, how it is made and used in the management of the river as well as very many other issues pertaining to its operation (Australian Government 2012). The legal instruments The legal instruments in the Act stipulate that there is nothing done by the Act or through Act should affect native interests or title rights. Subsection II is not meant to apply to the level that the impact created on those rights and interests has validity through the working of or any activity undertaken in the NTA or any other law in use in the state. The native communities around the river are therefore given the right on the river and catchment areas. Their interests are safeguarded in that they cannot be deprived of the use of the resources. As they use the river and the other resources in the area, they have the right to collaborate with government and industry in conservation efforts but their rights on the river will not be violated by any conservation initiatives done by government, industry or any other group or individual involved in the management of the river (Western Australia Consolidated Acts, 2012). The policy instruments The policy instruments are found in Part 8 and schedule 8. Part 8 outlines the legal proceedings for offences committed against the Act. It shows when prosecutions should commence for offenders and who has the right to conduct them. It also gives the limit for prosecution as well as the procedure to be followed if the offender is a body corporate. The policy instruments also provide guidance on the issuance of infringement notices. It describes how an infringement notice should look like and the penalties that should be paid on those notices especially when they are violated (Western Australia Consolidated Acts 2012). It explains that infringement notices should be designed in a manner that they describe the offence committed. Division 3 of Part 8 deals with offences committed under other acts. It cites schedule 8 as having regulations that can be enforced in the Act just like those that are listed in the Act. Part 8 develops the relationship between schedule 8 and the policy instruments in the Act. It shows how the offences committed or alleged to have been committed under schedule 8 or any other act are to be dealt with. The policy instruments in general elaborate on the regulations in the Act. Schedule 8 in particular shows that there are different regulations and the various offences under those regulations are listed. Offences committed under particular legislations will be treated based on the regulations in the relevant legislation. All these laws and regulations have bee made to curb illegal activities in the River Park and help in the management of the river (Western Australia Consolidated Acts 2012). Rights and environmental duties Environmental duties are found in the sustainability principles of section 1. This section gives all the stakeholders their responsibilities as far as the protection of the rivers and the land associated with them is concerned. Stake holders have the duty and right of adopting the best environmental practices to enhance sustainability for present and future generations. They also have a right and duty to make decisions that incorporate social, economic and environmental considerations so that the well being of the community can be improved. It mandates all those involved in conservation not to postpone the prevention of degradation in the environment for any particular issue. In regards to (Rohde, J. 1995).Other things outlined as duties include the application of precautionary principles in the management process, ensuring intergenerational equity, maintenance of ecological integrity and biodiversity and observing shared responsibility. The government, community, business and industry should embrace the principle of sharing responsibilities in the management of the environment. All these groups also have the duty of ensuring that the environment is protected and conserved through continuous improvement which goes beyond observing set laws and regulations. Finally there should be accountability and transparency among those involved in the management of the river and surrounding lands. Community members must receive reliable information and be allowed to participate in formulation of policies (Swan River Trust, 2007). Amendments made over time and their significance A number of changes have been made on the Act in the course of time. Such amendments were meant to include the new changes and wordings that had been agreed upon. Section 13(3a) of the Conservation and Land Management Act 1984 was amended through the removal of the term “Swan river Trust Act 1988 before any waters in the management area” and replacing it with “Swan and Canning rivers management Act 2006 before any waters that are in the development control area of river park.” This amendment was meant to bring on board the management of Canning River as well and to introduce the management Act of 2006 in the place of the Swan River Trust Act of 1988 (Australian Government 2012). Section 17(4a) of the Conservation and Land Management Act 1984 was amended by introducing the words “development control area or the River park as defined in the Swan and Canning Rivers Management Act 2006.” This amendment was meant to remove the words “Swan River Trust Act 1988” that referred to the old Act being replaced (Swan River Trust, 2010). In the East Perth Redevelopment Act of 1991, section 24(2) (d) was replaced with the statement “ the Swan River Trust established by the Swan and Canning Rivers Management Act 2006” this was to show that the Trust had come under the management of the Management Act of 2006. In the Jetties Act 1926 was also amended, section 7(3) was amended to remove“ section 50 of the Swan River Trust Act 1988 ” and include the Swan and Canning Rivers Management Act 2006 section 70.” This amendment was also supposed to remove in place the 1988 act since it was being replaced by the 2006 management Act. Other Acts that were amended include the land administration act 1997, Marine and Harbors Act 1981, Swan Valley Planning Act 1995, Waterways Conservation Act 1976 and the Planning and Development Act of 2005. All these Acts were amended to encourage the inclusion of the Canning River in the management program and enforce the new Swan River Management Act of 2006 (Perth Region, 2012). The Land Administration Act 1997 was amended by the removal of  “management area of the Swan River Trust within the meaning of the Swan River Trust Act 1988” in section 45(6) to include development control area or Riverpark as defined in the Swan and Canning Rivers Management Act 2006.” The Marine and Harbors Act 1981 was amended in section 12(3) to remove the statement “section 50 of the Swan River Trust Act 1988” and replace it with “ section 70 of the Swan and Canning Rivers Management Act 2006.” Section 13(1) (b) of the Swan Valley Planning Act 1995, was amended to replace; “section 53(2) of the Swan River Trust Act 1988 ;” with   “Section 73(2) of the Swan and Canning Rivers Management Act 2006.” Another notable amendment is the inclusion of the statements “development control area has the meaning given by the Swan and Canning Rivers Management Act 2006” and “Riverpark has the meaning given by the Swan and Canning Rivers Management Act 2006.” (Swan and Canning Rivers Management Act 2006, 2012).The last amendment was made on section 36 (a) of the Planning and Development Act of 2005.  The entire section was deleted and replaces with the paragraph below: “ in a manner that is contrary to or inconsistent with the Swan and Canning Rivers Management Act 2006 Part 5; any amendment made to the Metropolitan Region Scheme by the Acts Amendment (Swan River Trust) Act 1988 section 14, 15 or 17; or any amendment made to the Metropolitan Region Scheme by the Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006 section 21” These amendments were significant and necessary because they helped to put in place the authority of the Swan and Canning Rivers Management Act of 2006 which was meant to take the place of the outdated Swan River Trust 1988 (Government of Australia 2012). Conclusion In conclusion, this paper has presented an analysis of the Swan and Canning River Management Act of 2006. The focus of the discussion is on the overarching policy, the object clause, the scheme, legal instruments, legal and policy instruments, environmental duties and the amendments to the Act among other things. The Act was developed from previous legislations such as the Swan River Trust of 1988 to include the management of the Canning River which therefore created a wider catchment area. The River Management Act of 2006 was meant to take the place of the Swan River Trust 1988 which did not address some important issues that needed attention. The “Swan and Canning River Management Act 2006” deals with the ecological and community benefits as well as the amenity of the River Park. It brings together the efforts of the government, community and industry in the management of the rivers. It outlines the rights and role of each one of them in the whole management process. It lays out the plan of action and strategy to be used in the management of the rivers. The Act is comprehensive and has all the requirements of legislation in the management of the Riverpark and the rivers in the whole catchment area. Works Cited Australian Government. Swan Canning Estuary System. Web. June 2012. Chart and Map. Swan and Canning Rivers. Web. Apr. 2011. Government of Australia. Legislation. Web. May 2012. Perth Region. Swan and Canning Rivers Management Act 2006. Web. Aug. 2012. Swan and Canning Rivers Management Act 2006. Web. Dec. 2012. Swan River Trust. Legislation. Web. Jan 2010. Swan River Trust. Swan and Canning Rivers Management Act 2006 at a Glance. Abe Books 2007.  Western Australia Consolidated Acts. . Swan and Canning Rivers Management Act 2006. Web. Sep. 2012. Western Australia Consolidated Acts. Swan and Canning Rivers Management Act 2006 Notes. Web. March. 2011. Western Australia Consolidated Acts. Swan and Canning Rivers Management Regulations 2007. Web. Apr. 2012. Rohde, J. (1995). The Objects Clause in Environmental Legislation: The Nature Conservation Act 1992 (Qld) Exemplified. Environmental and Planning Law Journal, 12: 80-96. Read More