Western Australian Current Acts Western Australian Current Acts (1) If an inspector or
authorised person reasonably suspects that —
(a) any
waste has been or is being discharged from any premises otherwise than in
accordance with a works approval, licence or requirement contained in a
closure notice or an environmental protection notice; or
(b) a
condition of pollution is likely to arise or has arisen; or
(c) a
person has done, is doing, or is likely to do, an act in contravention of
section 50A or 50B,
the inspector or
authorised person may, with the approval of the CEO, take the action referred
to in subsection (1a).
(1a) The inspector or
authorised person may, with such assistance as the inspector or authorised
person considers appropriate —
(a)
remove, disperse, destroy, dispose of or otherwise deal with the waste which
has been or is being discharged; or
(b)
prevent the condition of pollution from arising or control or abate that
condition if it arises; or
(c)
prevent the act referred to in subsection (1)(c) or control or abate the
environmental harm if it arises,
as the case requires.
[(2) deleted]
(3) When an inspector
or authorised person has incurred any cost in acting under subsection (1), the
CEO may recover that cost from the person who —
(a) was
the occupier of the premises from which the relevant waste was discharged at
the time of that discharge; or
(b)
caused or allowed to be caused —
(i)
the discharge referred to in paragraph (a); or
(ii)
the likelihood of the relevant condition referred to in
subsection (1)(b) arising or the arising of that condition; or
(iii)
the likelihood of the relevant act referred to in
subsection (1)(c) occurring or the occurrence of that act,
as the case requires,
by action in a court of competent jurisdiction as a debt due to the Crown and
shall pay any cost so recovered into the Consolidated Account.
(4) If —
(a) any
waste has been or is being discharged from any premises otherwise than in
accordance with a works approval, licence or requirement contained in a
closure notice or an environmental protection notice; or
(b) a
condition of pollution is likely to arise or has arisen; or
(c) a
person has done, is doing, or is likely to do, an act in contravention of
section 50A or 50B,
the CEO may cause
—
(d) the
waste to be removed, dispersed, destroyed, disposed of or otherwise dealt
with; or
(e) the
condition of pollution to be prevented from arising or, if that condition
arises, that condition to be controlled or abated; or
(f) the
act to be prevented from occurring or, if the environmental harm arises, that
environmental harm to be controlled or abated.
(4a) The CEO may
recover the cost of the removal, dispersal, destruction, disposal or other
dealing, or of the prevention, control or abatement, as the case requires,
referred to in subsection (4) from the person who —
(a) was
the occupier of the premises at the time of the discharge referred to in
subsection (4)(a); or
(b)
caused or allowed to be caused —
(i)
that discharge; or
(ii)
the likelihood of the relevant condition referred to in
subsection (4)(b) arising or the arising of that condition; or
(iii)
the likelihood of the relevant act referred to in
subsection (4)(c) occurring or the occurrence of that act,
by action in a court
of competent jurisdiction as a debt due to the Crown.
(4b) Any cost
recovered under subsection (4a) is to be paid into the Consolidated Account.
[Section 73 amended: No. 6 of 1993 s. 11; No. 73
of 1994 s. 4; No. 14 of 1998 s. 8; No. 54 of 2003 s. 51(1)-(5) and 140(2); No.
77 of 2006 s. 4.]