Western Australian Current Acts Western Australian Current Acts (1) Where a person
does not comply with a direction given or applicable to the person under this
Part or the regulations the Minister may do all or any of the things required
by the direction to be done.
(2) Costs and expenses
incurred by the Minister under subsection (1) in relation to a direction are a
debt due by the person to whom the direction was given or was applicable to
the State and are recoverable in a court of competent jurisdiction.
(2a) Where —
(a) a
direction given under section 101 applies to a permittee, lessee, licensee,
infrastructure licensee, pipeline licensee or the holder of a special
prospecting authority or access authority and another person and an action
under subsection (2) relating to the direction is brought against that other
person; and
(b) the
person adduces evidence that the person did not know, and could not reasonably
be expected to have known, of the existence of the direction,
the person is not
liable under subsection (2) unless the plaintiff proves that the person knew,
or could reasonably be expected to have known, of the existence of the
direction.
(3) It is a defence if
a person charged with failing to comply with a direction given or applicable
to the person under this Part or under the regulations, or a defendant in an
action under subsection (2), proves that he took all reasonable steps to
comply with the direction.
[Section 102 amended: No. 12 of 1990 s. 219; No.
42 of 2010 s. 137.]