Western Australian Current Acts Western Australian Current Acts (1) An approved policy
—
(a)
establishes the basis on which —
(i)
the portion of the environment to which it relates is to
be protected; or
(ii)
pollution of, and environmental harm to, the portion of
the environment to which it relates is to be prevented, controlled or abated,
and may delineate
programmes for that protection or that prevention, control or abatement, as
the case requires; and
(b) may
relate to any activity directed towards the protection, or the prevention,
control or abatement, referred to in paragraph (a), whether in respect of any
portion of the environment or an emission or otherwise.
(1a) An approved
policy may create offences and provide penalties for them as follows —
(a) for
a Tier 1 offence —
(i)
if the offender is an individual, a penalty not exceeding
$250 000 and, in the case of a continuing offence, a daily penalty not
exceeding $50 000; and
(ii)
if the offender is a body corporate, a penalty not
exceeding $500 000 and, in the case of a continuing offence, a daily penalty
not exceeding $100 000;
and
(b) for
a Tier 2 offence —
(i)
if the offender is an individual, a penalty not exceeding
$62 500 and, in the case of a continuing offence, a daily penalty not
exceeding $12 500; and
(ii)
if the offender is a body corporate, a penalty not
exceeding $125 000 and, in the case of a continuing offence, a daily penalty
not exceeding $25 000;
and
(c) for
a Tier 3 offence, a penalty not exceeding $5 000 and, in the case of a
continuing offence, a daily penalty not exceeding $1 000.
(1b) For the purposes
of subsection (1a), an offence is a Tier 1, Tier 2 or Tier 3 offence if the
approved policy declares that such an offence is an offence of that category.
(2) An approved policy
may, unless it is inappropriate in the circumstances to do so —
(a)
identify the portion of the environment, to which the approved policy applies;
and
(b)
specify —
(i)
the period, if any, during each day, or any particular
day, of 24 hours; and
(ii)
subject to section 33(2) and section 42 of the
Interpretation Act 1984 , the total period,
during which the
approved policy has the force of law; and
(c)
identify and declare the environmental values to be protected under the
approved policy; and
(d) set
out the indicators, parameters or criteria to be used in measuring
environmental quality; and
(e)
specify the environmental quality objectives to be achieved and maintained by
means of the approved policy; and
(f)
establish a programme by which the environmental quality objectives referred
to in paragraph (e) are to be achieved and maintained, and may specify in that
programme, among other things —
(i)
the qualities and maximum quantities of any waste
permitted to be discharged into the relevant portion of the environment; or
(ii)
the maximum levels of noise, odour or electromagnetic
radiation permitted to be emitted into the relevant portion of the
environment; or
(iii)
the minimum standards to be complied with in the
installation and operation of works or equipment for the control of waste or
noise, odour or electromagnetic radiation; or
(iv)
measures designed to minimise the possibility of
pollution or environmental harm; or
(v)
measures designed to protect the environment; or
(vi)
measures designed to achieve the environmental values to
be protected; or
(vii)
procedures to evaluate the effectiveness of the
programme,
or any 2 or more of
the matters referred to in subparagraphs (i), (ii), (iii), (iv), (v), (vi) and
(vii).
(3) An approved policy
may provide that it applies to —
(a) an
area of the State identified in the policy; or
(b) an
area of the State identified in the policy or by regulation; or
(c) the
whole of the State; or
(d) the
whole of the State other than an area identified in the policy; or
(e) the
whole of the State other than an area identified by regulation; or
(f) the
whole of the State other than an area identified in the policy or by
regulation.
[Section 35 amended: No. 14 of 1998 s. 5; No. 54
of 2003 s. 33 and 94.]