Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 123

123 .         Regulations

        (1)         The Governor may make regulations —

            (a)         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; and

            (b)         if any act, matter or thing required or authorised to be done under or in relation to an NEPM for the purpose of implementing the NEPM cannot conveniently be required or authorised under the provisions of this Act, requiring or authorising the doing of such act, matter or thing.

        (2)         Without limiting the generality of subsection (1), regulations may be made under that subsection in respect of the matters set out in Schedule 2.

        (3)         Regulations made under subsection (1) may —

            (a)         adopt, either wholly or in part or with modifications and either specifically or by reference, any rules, standards, regulations, local laws, by-laws, codes, instructions, specifications or administrative procedures prescribed or published by any person or public authority, including the Authority and the CEO, either as in force at the time of prescription or publication or as amended from time to time thereafter; or

            (b)         without derogating from section 43 of the Interpretation Act 1984 , be general or be restricted in operation in respect of time, place, persons or circumstances, whether or not any such time, place, persons or circumstances is or are determined or ascertainable before, at or after the making of those regulations.

        (4)         Regulations made under subsection (1)(b) are valid and have effect even if they are inconsistent with or repugnant to a provision contained elsewhere in this Act.

        [Section 123 amended: No. 14 of 1996 s. 4; No. 14 of 1998 s. 35; No. 54 of 2003 s. 137 and 140(2).]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback