Western Australian Current Regulations Western Australian Current Regulations (1) The Minister, by
written notice given to the operator of an activity, may require the operator
to submit a proposed revision of the environment plan for the activity.
(2) A notice under
subregulation (1) must set out the following —
(a) the
matters to be addressed by the revision;
(b) the
date by which the revision must be submitted, which must be at least
21 days after the day on which the notice is given;
(c) the
proposed date of effect of the revision;
(d) the
grounds for the notice.
(3) Within
21 days after being given a notice under subregulation (1), the
operator may make a submission in writing to the Minister stating the
operator’s reasons for one or more of the following matters —
(a) why
the revision should not be made;
(b) why
the revision should be in different terms from the proposed terms;
(c)
whether or not the operator gives other reasons — why the revision
should be submitted or take effect on a date later than the proposed date.
(4) If a submission is
made under subregulation (3), the Minister must consider the matters
stated in the submission and decide —
(a) to
withdraw the notice; or
(b) to
vary the notice; or
(c) that
the notice as originally given should stand.
(5) The Minister must
give the operator written notice of the Minister’s decision under
subregulation (4).
(6) The notice must
set out the terms of the decision and the reasons for it.
(7) If —
(a) the
Minister gives an operator a notice under subregulation (1); and
(b) the
operator does not make a submission under subregulation (3),
the operator must
comply with the notice.
Penalty: a fine of $10 000.
(8) If —
(a) the
Minister gives an operator a notice under subregulation (1); and
(b) the
operator makes a submission under subregulation (3); and
(c) the
Minister decides under subregulation (4) to vary the notice or that the
notice as originally given should stand; and
(d) the
Minister gives the operator written notice of the Minister’s decision,
the operator must
comply with the notice, or the notice as varied, as the case requires.
Penalty: a fine of $10 000.