Western Australian Current Acts

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1987 - SECT 36

36 .         Orders made under regulations, general provisions about

        (1)         Sections 37, 41 and 42 of the Interpretation Act 1984 apply in relation to orders made in pursuance of the regulations as if references in those sections to regulations were references to such orders and references in those sections to an Act included a reference to regulations.

        (2)         Unless the contrary intention appears, expressions used in orders made in pursuance of the regulations have the same meanings as in this Act.

        (3)         Orders made in pursuance of the regulations shall be read subject to this Act and the regulations and so as not to exceed the power conferred by this Act and the regulations to the intent that, where such orders would, but for this subsection, have been construed as being in excess of the power conferred by this Act and the regulations, they shall be deemed to be valid orders to the extent to which they are not in excess of the power conferred by this Act and the regulations, they shall be deemed to be valid orders to the extent to which they are not in excess of that power.

        (4)         Where an order made in pursuance of the regulations is inconsistent with a provision of this Act or the regulations, the latter shall prevail and the former shall, to the extent of the inconsistency, be of no force or effect.