Western Australian Current Acts Western Australian Current Acts (1) The CEO may
—
(a) by
notice in writing served on a person who is —
(i)
undertaking any development in contravention of
section 70; or
(ii)
reclaiming or filling an area in contravention of
section 71,
direct that person to
stop doing so; or
(b) by
notice in writing served on a person who has —
(i)
undertaken any development in contravention of
section 70; or
(ii)
reclaimed or filled an area in contravention of
section 71,
direct the person
within such period, being not less than 21 days after the service of the
notice, as is specified in the notice, to remove, pull down, take up, or alter
any development, reclamation or filling undertaken in contravention of that
section and restore the land as nearly as practicable to its condition
immediately before the development started, to the satisfaction of the CEO,
or may by one notice
give both of such directions to a person.
(2) A person on whom a
notice is served containing a direction under subsection (1)(b) may, within
the period specified in the notice, apply to the State Administrative Tribunal
for a review of the direction.
(3) A notice
containing a direction under subsection (1)(b) is suspended as to that
direction pending the determination of the application for review.
(4) A person must
comply with a notice given to the person under this section.
Penalty:
(a) a
fine of $50 000;
(b) for
each separate and further offence committed by the person under the
Interpretation Act 1984 section 71, a fine of $5 000.
(5) If a person fails
to comply with a notice given to the person under subsection (1)(b), the CEO
may cause the development to be removed, pulled down, taken up or altered.
(6) The CEO may
recover in a court of competent jurisdiction from the person who failed to
comply with the notice the costs incurred under subsection (5) in removing,
pulling down, taking up or altering a development.
[Section 116 amended: No. 6 of 2015 s. 40 and 51.]