Western Australian Current Acts Western Australian Current Acts (1) If a court
convicts a person of any offence against this Act, the court may do any one or
more of the following —
(a)
order the offender to take specified action to publicise the offence and its
environmental and other consequences and any other orders made against the
person;
(b)
order the offender to take specified action to notify specified persons or
classes of persons of the offence and its environmental and other consequences
and of any orders made against the person (including, for example, the
publication in an annual report or any other notice to shareholders of a
company or the notification of persons aggrieved or affected by the
offender’s conduct);
(c)
order the offender to carry out a specified project for the restoration or
enhancement of the environment in a public place or for the public benefit.
(2) The court is not
to make an order under subsection (1)(c) unless the prosecutor applies for the
order.
(3) The court may, in
an order under this section, fix a period for compliance and impose any other
requirements the court considers necessary or expedient for enforcement of the
order.
(4) If the offender
fails to comply with an order under subsection (1)(a) or (b), the CEO may take
action to carry out the order as far as may be practicable, including action
to publicise or notify —
(a) the
original contravention, its environmental and other consequences, and any
other penalties imposed on the offender; and
(b) the
failure to comply with the order.
(5) The reasonable
cost of taking action referred to in subsection (4) is recoverable by the CEO
as a debt due in a court of competent jurisdiction.
[Section 99ZA inserted: No. 14 of 1998 s. 14;
amended: No. 54 of 2003 s. 140(2).]