Western Australian Current Acts

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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 92H

92H .         Compensation for loss etc. due to enforcement action

        (1)         A person who suffers loss or damage as a result of the exercise of —

            (a)         the power of entry conferred on an inspector by section 89(1) or (3); or

            (b)         the powers in respect of seizure conferred on an inspector by section 92A or 92B,

                may within one year of the exercise of that power apply to the CEO for compensation for that loss or damage.

        (2)         No compensation is payable pursuant to an application under subsection (1) unless the CEO is of the opinion that, in the circumstances of the case, it is just to pay compensation.

        (3)         The amount of compensation payable is to be determined by agreement between the person applying for that compensation and the CEO or, in default of any such agreement, by the Magistrates Court on the application of the person so applying or of the CEO.

        [Section 92H inserted: No. 14 of 1998 s. 13; amended: No. 54 of 2003 s. 140(2); No. 59 of 2004 s. 141; No. 40 of 2020 s. 75.]



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