Western Australian Current Acts Western Australian Current Acts (1) In this section
—
assessed scheme means a planning scheme, or an
amendment to a planning scheme, that is an assessed scheme as defined in the
EP Act;
environmental condition means a condition agreed
under section 48F of the EP Act or decided under section 48I of the EP Act;
environmental harm has the meaning given to that
term in the EP Act;
pollution has the meaning given to that term in
the EP Act.
(2) After receiving
advice from the Minister for the Environment under section 48H(4) of the EP
Act the Minister may exercise one or more of the powers set out in subsection
(3) in relation to a development implementing an assessed scheme.
(3) For the purposes
of subsection (2) the Minister may —
(a) by
order in writing served on the person who is undertaking the development,
direct the person to stop doing so for such period, beginning immediately and
lasting not more than 24 hours, as is specified in the order; or
(b)
cause the responsible authority to serve a 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 so specified for the purpose
of —
(i)
complying with; or
(ii)
preventing non-compliance with,
the environmental
condition to which the Minister for the Environment’s advice relates; or
(c)
advise the responsible authority to cause such steps to be taken as are
necessary for the purpose of —
(i)
complying with; or
(ii)
preventing non-compliance with,
the environmental
condition to which the Minister for the Environment’s advice relates.
(4) A person who fails
to comply with an order or notice served on the person under subsection (3)(a)
or (b) commits an offence.
(5) Nothing in this
section prevents or otherwise affects the application of Part V of the EP Act
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 (3).
(6) If the assessed
scheme to which this section applies is the Swan Valley Planning Scheme or an
amendment to that scheme, a reference in this section to the Minister is to be
read as a reference to the Minister responsible for the administration of the
Swan Valley Planning Act 2020 .
[Section 217 amended: No. 45 of 2020 s. 88.]