Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If the Minister is
satisfied that —
(a) a
person who is bound by an environmental protection notice has not complied
with a requirement contained in the notice; and
(b) the
non-compliance referred to in paragraph (a) has caused, is causing or is
about to cause conditions seriously detrimental to the environment or
dangerous to human life or health,
he may by notice
served on the person referred to in paragraph (a) order that
person —
(c) to
stop carrying on the whole or any part of the trade, process or activity, and
to close down the whole or any part of the premises, to which the
environmental protection notice referred to in that paragraph relates
immediately; and
(d) to
take such steps to deal with the conditions referred to in paragraph (b)
as are specified in that notice within such period as is so specified.
(2) The Minister may,
on serving a notice under subsection (1), cause to be taken such steps as
he considers are necessary —
(a) to
stop the carrying on of the trade, process or activity, and to close down the
premises, to which the environmental protection notice concerned relates; and
(b) to
deal with the conditions referred to in subsection (1)(b).
(3) The cost of taking
any steps under subsection (2) is a debt due to the Crown by the person
referred to in subsection (1)(a) 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.
(4) The Minister may
by notice served on the person to whom an order made under subsection (1)
applies amend or, if he is satisfied that steps have been taken to ensure that
the conditions referred to in subsection (1)(b) will not arise again,
revoke that order.
(5) A person who does
not comply with an order made against him under subsection (1) commits an
offence.
[Section 69 amended by No. 6 of 1993
s. 11; No. 49 of 1996 s. 64; No. 54 of 2003 s. 46 and
48; No. 77 of 2006 s. 4.]