Western Australian Current Acts Western Australian Current Acts (1) In proceedings for
an offence under this Act, an averment in a prosecution notice that —
(a) a
specified notice under this Act was given, or was given to a specified person
or at a specified time;
(b)
specified land comprises, or at a specified time comprised, all, or part, of a
site, classified as of a specified category;
(c) a
specified person is, or at a specified time was, the owner or occupier of
specified land;
(d) a
specified person is, or at a specified time was, the person responsible for
remediation of a specified site, or the person responsible for remediation of
that site to a specified extent; and
(e) a
specified certificate is a certificate of contamination audit under
section 63,
is to be taken to have
been proved unless the contrary is shown.
(2) In subsection (1)
—
specified means specified in the prosecution
notice.
[Section 86 amended: No. 84 of 2004 s. 80.]