Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
assessed scheme means an approved redevelopment
plan that is an assessed scheme within the meaning of the EP Act;
environmental condition means a condition agreed
under the EP Act section 48F or decided under the EP Act
section 48J.
(2) After receiving
advice from the Environment Minister under the EP Act section 48H(4), the
Planning Minister may, in relation to a development implementing an assessed
scheme, exercise one or more of these powers —
(a) by a
written notice served on the person who is undertaking the development, direct
the person to stop doing so for a period specified in the notice, being a
period that begins when the notice is served and ends not more than
24 hours later;
(b)
cause the WAPC to serve a written notice on the person who is undertaking the
development directing the person to take such steps as are specified in the
notice, within such period as is specified in the notice, for the purpose
of —
(i)
complying with; or
(ii)
preventing any non-compliance with,
the environmental
condition to which the Environment Minister’s advice relates;
(c)
advise the WAPC to cause such steps to be taken as are necessary for the
purpose of —
(i)
ensuring compliance with; or
(ii)
preventing any non-compliance with,
the environmental
condition to which the Environment Minister’s advice relates.
(3) A person served
with a notice under subsection (2) must comply with it.
Penalty:
(a) a
fine of $50 000;
(b) for
each separate and further offence committed by the person under the
Interpretation Act 1984 section 71, a fine of $5 000.
(4) Nothing in this
section prevents or otherwise affects the application of the EP Act Part V
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 (2).