Western Australian Repealed Acts

This legislation has been repealed.

WESTERN AUSTRALIAN PLANNING COMMISSION ACT 1985 - SECT 37L

37L .         Powers of Minister to ensure that environmental conditions are met

        (1)         In this section —

        “ assessed scheme ” means regional planning scheme that is an assessed scheme within the meaning of the EP Act;

        “ environmental condition ” means condition agreed under section 48F of the EP Act or decided under section 48J of the EP Act;

        “ EP Act ” means Environmental Protection Act 1986 ;

        “ Minister for the Environment ” means Minister to whom the Governor has for the time being committed the administration of the EP Act;

        “ pollution ” has the same meaning as it has in the EP Act.

        (2)         After receiving advice from the Minister for the Environment under section 48H(4) of the EP Act the Minister may exercise one or more of the powers set out in subsection (3) in relation to a development implementing an assessed scheme.

        (3)         For the purposes of subsection (2) the Minister may —

            (a)         by order in writing served on the person who is undertaking the development, direct that person to stop doing so for such period, beginning immediately and lasting for not more than 24 hours, as is specified in that order;

            (b)         cause the Commission, or a local government exercising the powers of the Commission, to serve a notice on the person who is undertaking the development directing that person to take such steps as are specified in the notice, within such period as is so specified, for the purpose of —

                  (i)         complying with; or

                  (ii)         preventing any non-compliance with,

                the environmental condition to which the advice of the Minister for the Environment relates; or

            (c)         advise the Commission, or a local authority exercising the powers of the Commission, to cause such steps to be taken as are necessary for the purpose of —

                  (i)         complying with; or

                  (ii)         preventing any non-compliance with,

                the environmental condition to which the advice of the Minister for the Environment relates.

        (4)         A person shall comply with an order or notice served on the person under subsection (3)(a) or (b).

        (5)         Nothing in this section prevents or otherwise affects the application of Part V of the EP Act to —

            (a)         a development referred to in subsection (2); or

            (b)         pollution or environmental harm caused by any non-compliance with an environmental condition referred to in subsection (3).

        [Section 37L inserted by No. 59 of 1999 s. 14; amended by No. 54 of 2003 s. 68(10).]