Western Australian Current Acts Western Australian Current Acts (1) A financial
assurance requirement is not to be imposed under section 86B(1) or (2), or
continued under section 86B(7), by the CEO unless the Minister has consented
to the imposition or continuation.
(2) In determining
whether to —
(a) seek
the consent of the Minister to the imposition of a financial assurance
requirement under section 86B(1), the CEO; and
(b)
consent to the imposition, the Minister,
is to have regard to
—
(c) the
degree of risk of pollution or environmental harm associated with the
implementation of the authorisation; and
(d) the
likelihood of action being required to deal with waste or prevent, control or
abate pollution or environmental harm arising from acts associated with the
implementation of the authorisation; and
(e) the
environmental record of the responsible person or proposed responsible person;
and
(f)
other financial assurances required to be held by the responsible person or
proposed responsible person under this Act and other written laws; and
(g) any
other matters prescribed.
(3) In determining
whether to —
(a) seek
the consent of the Minister to the imposition of a financial assurance
requirement under section 86B(2) or continuation under section 86B(7), the
CEO; and
(b)
consent to the imposition or continuation, the Minister,
is to have regard to
—
(c) the
extent of action required under the closure notice, environmental protection
notice or prevention notice; and
(d) the
environmental record of the responsible person; and
(e)
other financial assurances required to be held by the responsible person under
this Act and other written laws; and
(f) any
other matters prescribed.
(4) In determining
whether to impose a financial assurance requirement as an implementation
condition, the Minister is to have regard to the matters set out in subsection
(2)(c) to (g) as if the proposal were an authorisation.
[Section 86C inserted: No. 54 of 2003 s. 87.]