Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 140

140 .         CEO notified holder of licence that licence had ceased to have effect

        (1)         In this section (to avoid doubt) —

            (a)         references to a licence include a licence that, apart from this section, would be taken by virtue of section 139 to have been in effect before validation day; and

            (b)         references to a fee payable for a period under regulation 5DA(3) include a fee that, apart from this section, would be taken by virtue of section 139 to have been so payable before validation day.

        (2)         Subsection (3) applies (subject to subsection (4)) if, before validation day, the CEO gave written notice to the holder of a licence to the effect that the licence had ceased to have effect under regulation 5DA(5) because of the non-payment of a fee payable for a period under regulation 5DA(3).

        (3)         The licence is taken to have ceased to have effect under regulation 5DA(5) as notified by the CEO.

        (4)         Subsection (3) does not apply if, before validation day —

            (a)         the CEO issued to the holder of the licence an invoice setting out the amount of the fee as calculated by the CEO and the holder paid that amount to the CEO; or

            (b)         the holder of the licence otherwise paid an amount to the CEO and the CEO accepted the payment as payment of the fee; or

            (c)         there was a dispute between the holder of the licence and the CEO as to the amount of the fee and the holder paid the CEO the amount of the fee to the extent undisputed.

        [Section 140 inserted: No. 36 of 2024 s. 47.]