Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 139

139 .         Validation

        (1)         Regulation 5DA(5) is taken to have had no effect before validation day.

        (2)         Subsections (3) to (8) —

            (a)         supplement subsection (1); and

            (b)         are not to be construed as limiting the effect of subsection (1) or each other.

        (3)         A licence —

            (a)         is taken to have been, at all times before validation day, as lawful, valid and effective as it would have been if regulation 5DA(5) had had no effect before validation day; and

            (b)         if relevant — is taken to be, at all times on and after validation day, as lawful, valid and effective as it would be if regulation 5DA(5) had had no effect before validation day.

        (4)         Any written law (including this Act) in force at any time on or after 22 June 2004 is taken to have, or to have had, the same effect at that time as if regulation 5DA(5) had had no effect before validation day.

        (5)         Anything done, or purportedly done, on or after 22 June 2004 is taken to be, and to have always been, as lawful, valid and effective as it would be, or would have been, if regulation 5DA(5) had had no effect before validation day.

        (6)         In subsection (5), a reference to the doing of anything includes a reference to an omission to do anything.

        (7)         The functions, rights, obligations and liabilities of the State, and of all persons and bodies, are taken to be, and to have always been, the same as if regulation 5DA(5) had had no effect before validation day.

        (8)         An act or omission done or made on or after 22 June 2004 is taken to be, and to have always been —

            (a)         an offence, or other contravention of a written law (including this Act), if it would be, or would have been, an offence or other contravention if regulation 5DA(5) had had no effect before validation day; and

            (b)         subject to the same punishment or other penalty or consequences, whether criminal or civil, as it would be, or would have been, if regulation 5DA(5) had had no effect before validation day.

        (9)         This section has effect despite The Criminal Code section 11.

        (10)         Without limiting the effect of this section —

            (a)         if a person was convicted of an offence before validation day — this section has effect for the purposes of any appeal proceedings in respect of the conviction that —

                  (i)         are commenced on or after validation day; or

                  (ii)         were commenced, but not completed, before validation day;

                and

            (b)         this section has effect for the purposes of any proceedings against a person for an offence that were commenced, but not completed, before validation day; and

            (c)         proceedings may be commenced on or after validation day against a person for an offence on the basis that the person is taken by virtue of this section to have committed the offence on or after 22 June 2004; and

            (d)         to the extent not covered by paragraphs (a) to (c), this section has effect for the purposes of any criminal or civil proceedings in or before a court (including appeal proceedings) that relate to an act or omission occurring, or other matter arising, on or after 22 June 2004 and that —

                  (i)         are commenced on or after validation day; or

                  (ii)         were commenced, but not completed, before validation day.

        (11)         This section is subject to sections 140 and 141.

        [Section 139 inserted: No. 36 of 2024 s. 47.]