Western Australian Current Acts Western Australian Current Acts (1) The Governor may
make regulations prescribing all matters that are required or permitted by
this Act to be prescribed, or are necessary or convenient to be prescribed,
for giving effect to the purposes of this Act.
(2) Without limiting
subsection (1) regulations may —
(a)
amend Schedules 1, 2, 3, 4, 5, 7 or 8;
(b)
regulate, control or prohibit the doing of any thing in or in relation to the
development control area, Riverpark or River reserve, not being a development
as defined in Part 5, for the purpose of —
(i)
protecting or enhancing the ecological and community
benefits and amenity or good management of the land and waters in those areas
or any part of those areas; or
(ii)
without limiting subparagraph (i), protecting or
enhancing the ecological and community benefits and amenity of any area that
has been identified under a management programme as being an area that
requires priority protection or priority remediation;
(c) for
the purposes of paragraph (b), regulate or control an activity by prohibiting
it from being carried out by a person except under a permit issued by the CEO
to the person;
(ca)
make provision for and in relation to permits referred to in paragraph (c),
including by —
(i)
providing for the imposition of conditions on permits by
the CEO or regulations; and
(ii)
without limiting subparagraph (i), providing for
requirements for holders of permits to take out and maintain insurance in
connection with the activity to which the permit relates;
(d)
regulate, control or prohibit the exhibition of advertisements or signs in the
development control area, Riverpark or River reserve and confer power on the
CEO to remove or require the removal of advertisements or signs that are
exhibited or maintained in contravention of the regulations;
(e)
provide for the imposition of fees and charges;
(f)
provide that contravention of a regulation constitutes an offence and for
penalties not exceeding a fine of $5 000 and for each separate and further
offence committed by the person under the Interpretation Act 1984 section 71,
a fine of $100.
(3) A regulation
amending Schedule 8 by inserting a regulation must not be made except with the
concurrence of the Minister to whom the administration of the Act under which
the regulation is made is committed by the Governor.
[Section 136 amended: No. 6 of 2015 s. 51; No. 2
of 2023 s. 10.]