Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where the Minister
is satisfied that —
(a) the
health or safety of persons, or the environment, is likely to be harmed by a
situation resulting from a nuclear activity; and
(b) the
laws of the State (other than this section) do not make provision, or do not
make adequate provision, for protecting the health or safety of persons likely
to be affected by that situation, or for protecting the environment in so far
as it is likely to be affected by that situation,
he may in writing,
give such directions and take such action, as subject to subsection (2)
he considers necessary to control and eliminate hazards associated with the
situation.
(2) Any direction
given under subsection (1) may specify terms and conditions to which the
authority given by the direction is to be subject.
(3) Subject to
subsection (4), any direction given under subsection (1) unless
earlier revoked remains in force until the expiration of the period of 14 days
after the date of the direction.
(4) The Governor may,
if he is satisfied that it is necessary to do so, by Order, direct that a
direction given under subsection (1) shall remain in force for such
further period as is specified in the Order, not being a period extending 6
months after the date of the direction under subsection (1) and may in
the Order give such further directions as he thinks are necessary to control
and eliminate the situation for which a direction was given by the Minister
pursuant to that subsection.
(5) Any costs or
expenses incurred by the Minister with respect to controlling or eliminating a
special situation referred to in subsection (1) may be recovered by the
Minister in a court of competent jurisdiction from any person whose act or
omission caused the special situation.
(6) Section 36 of
the Interpretation Act 1918 2 applies to every Order made by the
Governor pursuant to this section as though the Order were a regulation.
(7) A person who fails
to comply with any direction given under this section or hinders or obstructs
the taking of any action in pursuance of such a direction, commits an offence.
Penalty: $1 000.
[Section 9 amended by No. 50 of 2003
s. 81(2).]