Western Australian Current Acts

DAMPIER TO BUNBURY PIPELINE ACT 1997 - SECT 38

38 .         Civil penalties

        (1)         If a civil penalty condition has been contravened, the DBNGP Land Access Minister may apply to the court for an order under this section.

        (2)         Upon an application under subsection (1) the court may, if satisfied that a civil penalty condition has been contravened, order that the holder of the rights that are subject to the condition pay to the DBNGP Land Access Minister an amount not exceeding the civil penalty prescribed for the condition.

        (3)         The amount that the court may, under this section, order to be paid is not affected by any limit to which the jurisdiction of the court is otherwise subject.

        (4)         A holder’s liability to be ordered under this section to pay a civil penalty is not affected by the fact that the contravention arose out of a matter that, under an arrangement between the holder and a nominee of the holder, was the responsibility of the nominee.

        (5)         An order under this section or a payment under the order does not affect the liability of a person for an offence against this Act or the regulations.

        (6)         In this section —

        civil penalty condition means any condition prescribed under section 37(1)(a) to be a civil penalty condition;

        court means the Magistrates Court.

        [Section 38 amended: No. 59 of 2004 s. 141.]