Western Australian Consolidated Acts (1) If —
(a) the
Council fails to comply with a particular procedural requirement of this
Act in making a national environment protection measure; but
(b)
despite that failure the Council has substantially complied with the
procedural requirements of this Act for making that measure,
the failure does not
invalidate the measure so made.
(2) If the Minister of
this State who is a member of the Council is of the opinion that in making a
national environment protection measure the Council did not comply with
section 15(g) in relation to the regional environmental differences of
this State, the Minister may give the Chairperson of the Council a written
notice to that effect.
(3) If the Minister
gives written notice under subsection (2), the Minister must lay the
notice and the national environment protection measure before each House of
the Parliament of this State within 6 sitting days of that House after the
making of the protection measure.
(4) A notice of a
resolution to reject the national environment protection measure may be given
in either House of the Parliament of this State within 14 sitting days of that
House after the notice and the protection measure are laid before it.
(5) If either House of
the Parliament of this State passes such a resolution rejecting the national
environment protection measure, the protection measure ceases to be a national
environment protection measure for the purposes of this Act.
(6)
Subsection (4) applies even if the period of 14 days referred to, or
part of it, does not occur in the same session of Parliament or during the
same Parliament as that in which the protection measure was laid before it.
[Heading inserted by No. 47 of 2009 s. 7.]