Western Australian Current Acts Western Australian Current Acts (1) The CEO may, if
there is, or is about to be, an emission from any premises for the purposes of
—
(a)
meeting a temporary emergency; or
(b) the
temporary relief of a public nuisance or community hardship resulting from the
commissioning of any item of fuel-burning equipment or industrial plant,
on the CEO’s own
initiative or at the instance of another person exempt the occupier of those
premises from compliance with this Part for such period not exceeding 14 days,
and subject to such conditions, as the CEO specifies in that exemption.
(2) A person who is
exempted under subsection (1) from compliance with this Part and who does not
comply with any condition to which that exemption is subject commits an
offence, and that exemption ceases to be in force on the occurrence of that
non-compliance.
(3) Subject to
subsection (4), the CEO may grant an exemption under subsection (1) orally or
in writing.
(4) If the CEO grants
an exemption under subsection (1) orally, the CEO shall within a period of 24
hours of so granting it serve on the recipient of that exemption confirmation
thereof in writing setting out the period and conditions specified in that
exemption.
(5) Subject to this
section, an exemption granted under subsection (1) remains in force until
withdrawn by notice in writing served on the recipient of that exemption by
the CEO.
[Section 75 amended: No. 54 of 2003 s. 56 and
140(2); No. 40 of 2020 s. 111(1).]