Western Australian Current Regulations Western Australian Current Regulations (1) An occupier of
premises specified in Part 2 of Schedule 1 may apply for
registration of those premises under regulation 5B.
(2) An occupier who so
applies does not commit an offence under section 56 of the Act in respect
of those premises while the application is pending.
(3) If premises
specified in Part 2 of Schedule 1 are registered under
regulation 5B, section 56 of the Act does not apply to the occupier
of those premises.
(4) If premises
specified in Schedule 1 Part 2 are registered under
regulation 5B and the Chief Executive Officer is satisfied that the
occupier of the premises —
(a) has
been convicted in any court of an offence —
(i)
against the Act or regulations made under the Act; and
(ii)
that relates to the premises;
or
(b) has
operated, conducted, managed, or controlled the premises in a manner which is
detrimental to the environment,
the Chief Executive
Officer may, by notice in writing served on the occupier of the premises,
cancel the registration of the premises.
(5) If the
registration of premises is cancelled under subregulation (4), the
occupier of the premises may apply to the Chief Executive Officer in writing
in a form approved by the Chief Executive Officer for reinstatement of the
registration.
(6) The Chief
Executive Officer may reinstate the registration if the occupier satisfies the
Chief Executive Officer that the occupier will not —
(a)
contravene a provision of the Act or regulations made under the Act that
relate to the premises; or
(b)
operate, conduct, manage, or control the premises in a manner which is
detrimental to the environment.
(7) If the
registration of the premises is reinstated under subregulation (6),
section 56 of the Act does not apply to the occupier of those premises.
[Regulation 5A inserted: Gazette
13 Sep 1996 p. 4546; amended: Gazette 15 Aug 2000
p. 4711‑12.]