Western Australian Current Acts Western Australian Current Acts (1) This section
applies to a person if the CEO is of the opinion that —
(a) the
person has committed a prescribed offence; and
(b)
there is sufficient evidence to support the allegation of the offence; and
(c)
having regard to the nature and particulars of the alleged offence and to the
particulars of the circumstances relating to the alleged offence, the alleged
offence can adequately be dealt with under this Division.
(1A) For the purposes
of subsection (1)(c), the CEO must have regard to —
(a) the
potential or actual effect on the environment of any occurrence giving rise to
the allegation of the offence; and
(b) in
the case of a prescribed offence other than an offence under section 49A(2) or
(3), whether, as soon as was reasonably practicable after the occurrence
giving rise to the allegation of the offence, the alleged offender notified
particulars of the occurrence in writing to the CEO; and
(c) in
the case of a prescribed offence other than an offence under section 49A(2) or
(3), whether, after the occurrence giving rise to the allegation of the
offence, the alleged offender took all reasonable and practicable steps to
minimise and remedy any adverse environmental effects of that occurrence; and
(d)
whether the alleged offender cooperated with officers and employees of the
Department and provided information and assistance when so requested; and
(e)
whether the alleged offender has taken reasonable steps to ensure that the
circumstances giving rise to the allegation of the offence do not reoccur.
(2) If the CEO makes a
determination that a person alleged to have committed a prescribed offence is
a person to whom this section applies, the CEO is to —
(a)
issue a certificate —
(i)
stating the determination; and
(ii)
specifying how the criteria in subsection (1) on which
the determination was made were met;
and
(b) give
a modified penalty notice, and the certificate referred to in paragraph (a),
to the person.
(3) A modified penalty
notice may be served personally or by registered post.
(4) A determination by
the CEO that a person is, or is not, a person to whom this section applies, or
the fact that the CEO has not made such a determination, cannot be the subject
of appeal or judicial review or otherwise be called in question in any
proceedings.
[Section 99A inserted: No. 14 of 1998 s. 14;
amended: No. 54 of 2003 s. 129 and 140(2); No. 48 of 2010 s. 9; No. 40 of 2020
s. 79.]