Western Australian Current Acts Western Australian Current Acts (1) If a River reserve
lessee fails to comply with any term or condition of the lease the CEO may
give the lessee a default notice in accordance with this section.
(2) A default notice
given under subsection (1) must —
(a)
specify the term or condition with which the lessee has failed to comply; and
(b) if
the notice relates to a failure to comply with a term or condition of the
lease which specifies that anything must be done, or must be done to the
satisfaction of the CEO —
(i)
specify the actions which the CEO requires the lessee to
take, or to take in order to satisfy it; and
(ii)
specify the time (being a reasonable period after the
default notice is given) within which the action must be taken;
and
(c)
require the lessee to comply with the term or condition; and
(d)
inform the lessee that a failure to comply with the default notice could
result in a fine, the forfeiture of the lessee’s interest in the lease
under section 31, or both.
(3) A River reserve
lessee who fails to comply with a default notice given to the lessee under
subsection (1) commits an offence.
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.
(4) The liability of a
person to be prosecuted for an offence under subsection (3) is not affected by
the forfeiture of a lease to which the offence related.
(5) The liability of a
person to the forfeiture of a lease is not affected by the imposition of a
penalty for an offence in relation to a matter to which the liability to
forfeiture related.
[Section 30 amended: No. 6 of 2015 s. 51; No. 2 of
2023 s. 6.]