Environmental conditions, Minister’s powers to enforce
217 Environmental conditions, Minister’s powers to enforce
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.
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.
For the purposes of subsection (2) the Minister may —
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
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 —
complying with; or
preventing non‑compliance with,
the environmental condition to which the Minister for the Environment’s advice relates; or
advise the responsible authority to cause such steps to be taken as are necessary for the purpose of —
complying with; or
preventing non‑compliance with,
the environmental condition to which the Minister for the Environment’s advice relates.
A person who fails to comply with an order or notice served on the person under subsection (3)(a) or (b) commits an offence.
Nothing in this section prevents or otherwise affects the application of Part V of the EP Act to —
a development referred to in subsection (2); or
pollution or environmental harm caused by any non‑compliance with an environmental condition referred to in subsection (3).
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.]
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