Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 69

69 .         Stop orders, issue and effect of

        (1)         If the Minister is satisfied that —

            (a)         a person who is bound by an environmental protection notice has not complied with a requirement contained in the notice; and

            (b)         the non-compliance referred to in paragraph (a) has caused, is causing or is about to cause conditions seriously detrimental to the environment or dangerous to human life or health,

                he may by notice served on the person referred to in paragraph (a) order that person —

            (c)         to stop carrying on the whole or any part of the trade, process or activity, and to close down the whole or any part of the premises, to which the environmental protection notice referred to in that paragraph relates immediately; and

            (d)         to take such steps to deal with the conditions referred to in paragraph (b) as are specified in that notice within such period as is so specified.

        (2)         The Minister may, on serving a notice under subsection (1), cause to be taken such steps as the Minister considers are necessary —

            (a)         to stop the carrying on of the trade, process or activity, and to close down the premises, to which the environmental protection notice concerned relates; and

            (b)         to deal with the conditions referred to in subsection (1)(b).

        (3)         The cost of taking any steps under subsection (2) is a debt due to the Crown by the person referred to in subsection (1)(a) and may be recovered from the person by the Minister by action in a court of competent jurisdiction and shall, if so recovered, be credited to the Consolidated Account.

        (4)         The Minister may by notice served on the person to whom an order made under subsection (1) applies amend or, if the Minister is satisfied that steps have been taken to ensure that the conditions referred to in subsection (1)(b) will not arise again, revoke that order.

        (5)         A person who does not comply with an order made against the person under subsection (1) commits an offence.

        [Section 69 amended: No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 54 of 2003 s. 46 and 48; No. 77 of 2006 s. 4; No. 40 of 2020 s. 111(1).]