Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Governor may
make regulations prescribing all matters that are required or permitted by
this Act to be prescribed, or are necessary or convenient to be prescribed for
giving effect to the purposes of this Act.
(2) Regulations made
under this Act —
(a)
apply only within the boundaries of the waters or associated land to which
this Act applies;
(b) may
be limited in their application to time, place, circumstance, or class of
case;
(c) may
provide that any act or thing may or shall be done with the approval or to the
satisfaction of a specified person or class of persons;
(d) may
provide that any act or thing shall be, or shall not be, permitted;
(e) may
confer a discretionary authority;
(f) may
provide for the payment or remission of fees and charges, for the form and
manner of making applications, for the grant of exemptions, for the service
and enforcement of orders, for the recovery of fees, charges and expenses, and
for the general administration of this Act; and
(g) may
impose a penalty not exceeding —
(i)
where the specific penalty is provided in the section of
this Act pursuant to which the regulation was made, the amount of that
specific penalty; or
(ii)
in any other case, $500, and as a continuing daily
penalty $50,
for any breach or
non-observance thereof.
(3) The regulations
may provide for a modified penalty, not exceeding $50, to be payable by a
person who does not contest an allegation that he committed any specified
breach of the provisions of this Act, and shall provide that the due payment
of a modified penalty is a defence to a charge of the breach in respect of
which that modified penalty was paid.
[Section 82, formerly section 76,
renumbered as section 82 amended by No. 55 of 2004 s. 1307, No. 38 of
2007 s. 185 and 186.]
[Schedule deleted by No. 38 of 2007 s. 187.]