Western Australian Current Acts Western Australian Current Acts (1) In this section
—
assessed scheme means a master plan, or an
amendment to a master plan, that is an assessed scheme within the meaning of
the EP Act;
environmental condition means a condition agreed
under section 48F of the EP Act or decided under section 48J of the EP Act.
(2) After receiving
advice from the Minister for the Environment under section 48H(4) of the EP
Act the Minister may exercise one or more of the powers set out in subsection
(3) in relation to a development implementing an assessed scheme.
(3) For the purposes
of subsection (2) the Minister may —
(a) by
order in writing served on the person who is undertaking the development,
direct the person to stop doing so for such period, beginning immediately and
lasting not more than 24 hours, as is specified in the order; or
(b)
cause the Commission to serve a notice on the person who is undertaking the
development directing the person to take such steps as are specified in the
notice, within such period as is so specified, for the purpose of —
(i)
complying with; or
(ii)
preventing any non-compliance with,
the environmental
condition to which the Minister for the Environment’s advice relates;
or
(c)
advise the Commission to cause such steps to be taken as are necessary for the
purpose of —
(i)
complying with; or
(ii)
preventing any non-compliance with,
the environmental
condition to which the Minister for the Environment’s advice relates.
(4) A person must
comply with an order or notice served on the person under subsection (3)(a) or
(b).
Penalty: $50 000, and a daily penalty of $5 000.
(5) Nothing in this
section prevents or otherwise affects the application of Part V of the EP Act
to —
(a) a
development referred to in subsection (2); or
(b)
pollution or environmental harm caused by any non-compliance with an
environmental condition referred to in subsection (3).
[Section 32 amended: No. 54 of 2003 s. 68(3).]