Western Australian Current Acts Western Australian Current Acts (1) A responsible
authority shall monitor or cause to be monitored the implementation of its
assessed schemes and of proposals under its assessed schemes insofar as those
assessed schemes and proposals are subject to any implementation condition
(referred to in this section as the condition ) for the purpose of determining
whether or not the condition has been or is being complied with.
(2) If the responsible
authority finds under subsection (1) that the condition has not been or is not
being complied with, it shall —
(a)
exercise such powers, if any, in respect of that non-compliance as are
conferred on it by any written law as it thinks fit for the purpose of
securing compliance with the condition; and
(b)
report that non-compliance to the responsible Minister.
(3) If non-compliance
with the condition is reported to the responsible Minister under subsection
(2)(b) or otherwise becomes known to the responsible Minister, the responsible
Minister shall —
(a)
advise the Minister of that non-compliance; and
(b)
cause such steps to be taken as are necessary to achieve compliance with the
condition.
(4) If the Minister is
not satisfied with any monitoring conducted, exercise of powers, report or
advice made or received, or steps taken, under this section, the Minister may,
after making reasonable endeavours to consult the responsible Minister, give
the responsible Minister advice recommending the steps that the Minister
considers to be necessary to achieve compliance with the condition.
[Section 48H inserted: No. 23 of 1996 s. 20;
amended: No. 40 of 2020 s. 40 and 111(1).]