Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The CEO may
monitor the implementation of a proposal, or cause it to be monitored, for the
purpose of determining whether the implementation conditions relating to the
proposal are being complied with.
(1a) If the CEO finds
that any of the implementation conditions is not being complied with, the
CEO —
(a) may
exercise any power in respect of the non-compliance that is exercisable by the
CEO under a written law; and
(b) in
any event, is to report the non-compliance to the Minister.
(2) If implementation
conditions relating to a proposal subject the implementation of the proposal
to requirements made by a decision-making authority, the decision-making
authority may monitor that implementation, or cause it to be monitored, for
the purpose of determining whether the implementation conditions of that kind
are being complied with.
(2a) If the
decision-making authority finds that any of the implementation conditions of
that kind is not being complied with, the decision-making
authority —
(a) may
exercise any power in respect of the non-compliance that is exercisable by it
under a written law or otherwise; and
(b) in
any event, is to report the non-compliance to the Minister.
(3) The Minister shall
in relation to a proposal —
[(a) deleted]
(b) on
receiving any relevant report made to him under subsection (1a)(b) or
(2a)(b); or
(c) if
he is not satisfied with any relevant monitoring conducted, any relevant
exercise of power, or any relevant report made or omitted to be made, under
this section,
exercise one or more
of the powers set out in subsection (4).
(4) The powers which
the Minister shall exercise under subsection (3) are that he
may —
(a)
after making reasonable endeavours to consult the proponent of the relevant
proposal, cause to be served on that proponent an order made by the Minister
and requiring that proponent forthwith to stop the implementation of that
proposal for a period not exceeding 24 hours; and
(b)
cause to be served on the proponent of the relevant proposal an order made by
the Minister and requiring that proponent to take such steps as are specified
in that order within such period as is so specified for the purpose of
complying with the relevant condition or procedure or of preventing,
controlling or abating any pollution or environmental harm caused by any
non-compliance with that condition or procedure; and
(c)
cause such steps as are necessary for the purpose of complying with the
relevant condition or procedure to be taken; and
(d)
cause such steps as are necessary for the purpose of preventing, controlling
or abating any pollution or environmental harm caused by any non-compliance
with the relevant condition or procedure to be taken; and
(e) if
he considers that the relevant condition or procedure should be changed, make
a request under section 46(1).
(5) Subject to
section 101(4), the cost of taking any steps referred to in
subsection (4)(c) or (d) is a debt due to the Crown by the proponent
concerned and may be recovered from him by the Minister by action in a court
of competent jurisdiction and shall, if so recovered, be credited to the
Consolidated Account.
(6) A proponent who
does not comply with an order served on him under subsection (4)(a) or
(b) commits an offence.
(7) It shall not be
necessary to publish in the Gazette an order served under
subsection (4)(a) or (b).
[Section 48 amended by No. 6 of 1993
s. 11; No. 49 of 1996 s. 64; No. 54 of 2003 s. 20 and
34; No. 77 of 2006 s. 4.]
[Heading inserted by No. 23 of 1996
s. 20.]