Barrister AI
All legislation
WARegulation
In force
This is the latest official compilation.Check the official source →
reg 5

Storage of esters of acids

In force

5 Storage of esters of acids

(1)

A person shall not, within the prescribed areas described in regulation 3(c), (e), (f) or (g), store an ester of an acid unless —

(a)

the ester is a low volatile kind approved by the Director and notified in the Government Gazette; or

(b)

except in the case of the prescribed area described in regulation 3(c), he has obtained the prior written approval of the Director.

Penalty: a fine of $2 000.

(2)

An authorised person who finds an ester of an acid stored in contravention of subregulation (1) must —

(a)

seize and remove the ester from the prescribed area concerned; or

(b)

direct the owner or occupier of the land on which the ester is stored, or an agent of that person, to remove the ester from the prescribed area within a time specified in the direction.

(3A)

A person who is given a direction under subregulation (2)(b) must comply with the direction.

Penalty: a fine of $2 000.

(3)

Before exercising the powers under subregulation (2), an authorised person shall —

(a)

take 2 samples of the acid and identify each with a mark; and

(b)

give a sample each to —

(i)

a person referred to in subregulation (2)(b); and

(ii)

a laboratory approved by the Director General of Agriculture, for analysis of the sample.

(4)

An authorised person who has acted under subregulation (3) shall, as soon as he receives the written results of the analysis, give or cause to be given a copy of those results to a person referred to in subregulation (2)(b).

[(5) deleted]

[Regulation 5 inserted: Gazette 1 Sep 1989 p. 3075; amended: Gazette 17 Dec 2010 p. 6429-30.]

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.

Section 5 — Storage of esters of acids — Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979 (Western Australia) — Barrister AI