Western Australia
Environmental Protection Amendment Act 2010
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 49A inserted 2
49A. Dumping waste 2
5. Section 50 amended 3
6. Section 74 amended 3
7. Section 74A amended 4
8. Section 91A inserted 5
91A. Power of inspectors and authorised persons to stop, search and inspect vehicles, etc.5
9. Section 99A amended 5
10. Section 114 amended 6
11. Schedule 1 amended 6
Western Australia
Environmental Protection Amendment Act 2010
No. 48 of 2010
An Act to amend the Environmental Protection Act 1986.
[Assented to 24 November 2010]
The Parliament of Western Australia enacts as follows:
1. Short title
This is the Environmental Protection Amendment Act 2010.
2. Commencement
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on the day after that day.
3. Act amended
This Act amends the Environmental Protection Act 1986.
4. Section 49A inserted
After section 49 insert:
49A. Dumping waste
(1) In this section —
place includes water, a vehicle and a receptacle.
(2) A person who discharges or abandons, or causes or allows to be discharged or abandoned, any solid or liquid waste in water to which the public has access commits an offence.
(3) A person who discharges or abandons, or causes or allows to be discharged or abandoned, any solid or liquid waste on or in any place, other than water to which the public has access, commits an offence.
(4) It is a defence to a charge under subsection (3) for a person to show that the waste was discharged or abandoned in the place concerned with the consent of the person who controlled and managed that place.
(5) A person charged with committing an offence against subsection (2) or (3) may be convicted of an offence against the Litter Act 1979 section 23 which is established by the evidence.
5. Section 50 amended
(1) In section 50(3) after “subsection (2)” insert:
or section 49A(2) or (3)
(2) After section 50(3) insert:
(4) A person charged with committing an offence against subsection (2) may be convicted of an offence against section 49A(2) or (3) which is established by the evidence.
6. Section 74 amended
(1) After section 74(1) insert:
(1AA) Subject to section 58 and subsection (2), it shall be a defence to proceedings for an offence under section 49A(2) or (3) if the person charged with the offence proves that —
(a) the waste was discharged or abandoned —
(i) for the purpose of preventing danger to human life or health or irreversible damage to a significant proportion of the environment; or
(ii) as a result of an accident caused otherwise than by the negligence of that person;
and
(b) as soon as was reasonably practicable after the waste was discharged or abandoned that person notified particulars of the discharge or abandonment in writing to the CEO.
(2) In section 74(2) delete “subsection (1)” and insert:
subsection (1), (1AA)
7. Section 74A amended
In section 74A:
(a) after “material environmental harm,” insert:
or for discharging or abandoning waste in water to which the public has access
(b) delete “pollution, emission or environmental harm” and insert:
pollution, emission, environmental harm, discharge or abandonment
(c) after each of paragraphs (a) and (b)(i) to (vii) insert:
or
8. Section 91A inserted
After section 91 insert:
91A. Power of inspectors and authorised persons to stop, search and inspect vehicles, etc.
(1) An inspector or an authorised person may at any time stop, enter, search and inspect any vehicle or vessel if he has reasonable grounds for believing that an offence under this Act is being, has been or is likely to be committed.
(2) A person who, being in charge of a vehicle or vessel, fails to stop the vehicle or vessel when so required by a person who makes himself known as being an inspector or an authorised person commits an offence.
9. Section 99A amended
In section 99A(1):
(a) in paragraph (c) before “as soon” insert:
in the case of a Tier 2 offence other than an offence against section 49A(2) or (3),
(b) in paragraph (d) before “after the occurrence” insert:
in the case of a Tier 2 offence other than an offence against section 49A(2) or (3),
(c) after each of paragraphs (a), (c), (d) and (e) insert:
and
10. Section 114 amended
In section 114(3) after “section” insert:
49A(2) or (3),
11. Schedule 1 amended
(1) In Schedule 1 Part 2 Division 1 after item 1B insert:
|
1CA |
49A(2) |
$62 500 |
Nil |
|
1CB |
49A(3) |
$62 500 |
Nil |
(2) In Schedule 1 Part 2 Division 2 after item 1B insert:
|
1CA |
49A(2) |
$125 000 |
Nil |
|
1CB |
49A(3) |
$125 000 |
Nil |
(3) In Schedule 1 Part 3 after item 9 insert:
|
10A |
91A(2) |
$5 000 |
Nil |
