Western Australian Current Acts Western Australian Current Acts (1) If the CEO
believes on reasonable grounds that, to protect or enhance the ecological and
community benefits or amenity of the Riverpark —
(a)
action by an owner, or both an owner and an occupier, of land in the catchment
area is required; or
(b) an
owner, or both an owner and an occupier, of land in the catchment area should
refrain from action on that land,
the CEO may request
advice from the Trust as to whether a river protection notice should be issued
in relation to that action.
(2A) The Trust must
provide the advice not later than 28 days after the request is made.
(2) The request must
be accompanied by a report setting out —
(a) the
reasons for the request; and
(b) the
action proposed to be required or restrained under the river protection
notice; and
(c) the
person or persons to whom it is proposed to give the notice.
(3) Before making a
request to the Trust the CEO must give each person to whom it is proposed to
give the river protection notice —
(a) a
draft of the report referred to in subsection (2); and
(b) a
reasonable opportunity to show cause in writing why the request should not be
made.
(4) An opportunity is
not a reasonable opportunity for the purposes of subsection (3) unless the
person is informed in writing of the right to show cause under that subsection
not less than 42 days before the day on which the CEO makes the request.
[Section 90 amended: No. 6 of 2015 s. 37, 52 and
53.]