Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The provisions of
this section apply to and in relation to any waters or any land to which this
Act applies, save where the exercise of the powers conferred by this section
would be inconsistent with the provisions of any Agreement to which the State
is a party and which, or the execution of which, is or has been ratified or
approved by an Act and the Governor, by Order in Council published in the
Gazette , declares that any or all of the provisions of this section shall not
apply according to the Order in respect of any or all of the places, premises,
acts or things to which that Agreement relates.
(2) An Order in
Council made for the purposes of subsection (1) may be varied or revoked
by a subsequent Order.
[(3), (4) deleted]
(5) Provision may be
made by by-laws for —
(a)
prohibiting or regulating the keeping or use on waters to which this section
applies of a vessel that is fitted with a water closet or other prescribed
sanitary appliance designed to permit polluting matter to pass into the water;
(b)
prohibiting the keeping or use on waters to which this section applies of a
ferry or charter vessel that is not fitted with prescribed facilities for the
storage of polluting matter; and
(c)
regulating the disposal of polluting matter from facilities mentioned in
paragraph (b) and, without limiting the generality of the foregoing,
prohibiting it from being disposed of otherwise than at a prescribed place in
a prescribed manner.
(5a) In
subsection (5) ferry or charter vessel means a vessel
that —
(a) is
kept or used for the carriage of passengers, or passengers and goods, for
reward or plies for hire for the carriage of passengers, or passengers and
goods; and
(b) is
authorised under the Western Australian Marine Act 1982 to carry more
than 10 passengers.
(6) Provision may be
made from time to time by by-laws as to the precautions to be taken by any
person having the custody or control of any poisonous, noxious or polluting
matter for the purpose of preventing the matter from entering waters to which
this section applies and the by-laws may provide that any prescribed
contravention shall be an offence to which subsection (9) applies.
(7) Where it appears
to the Minister that with a view to preventing poisonous, noxious or polluting
matter from entering waters to which this section applies, it is appropriate
to prohibit or restrict the carrying on in a particular place of activities
which the Minister considers to be likely to result in pollution of those
waters, provision may be made by by-laws that prescribed activities shall not
be carried on in that place except under licence from the Minister (which
shall not be unreasonably refused) and the by-laws may provide that any
prescribed contravention shall be an offence to which subsection (9)
applies.
(8) Provision may be
made from time to time by regulations for prohibiting or
controlling —
(a) the
use of waters to which this section applies for industrial purposes;
(b) the
doing or omitting of anything the doing or omission of which results or is
likely to result in pollution except such as may be authorised by a licence
under this Act;
(c) the
carrying out of any works or proposed works of any kind in, on, over or under
the waters or land to which this section applies, or both or any part of
either or both of them, (and such regulations may provide for the carrying out
or removal of such works by or on behalf of the Minister and for the recovery
of costs incurred by the Minister in so doing);
(d)
dredging, drainage, river training, reclamation, and the provision or removal
of structures, including jetties, wharves and bridges, and obstructions to
navigation or the flow of the waters; or
(e) the
putting into such waters of mud, earth, gravel, litter or other matter which
is likely to cause obstruction or be objectionable.
(9) A person guilty of
a contravention of a regulation or a by-law which provides that this
subsection shall apply, shall be liable to a fine not exceeding $5 000,
and where the offence is a continuing offence an additional fine not exceeding
$100 for each day on which the offence continues after service on the offender
of written notice of the offence.
[Section 48 amended by No. 97 of 1982
s. 4; No. 73 of 1995 s. 184; No. 38 of 2007 s. 163 and
188.]