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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Environmental Protection Amendment Bill
(No. 2) 2020
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 48AA amended 2
5. Part VIIB Division 2A inserted 3
Division 2A -- Imposition of levy
110MA. Term used 3
110MB. Levy may be prescribed 3
110MC. Levy imposed 4
110MD. Liability to pay levy 4
182--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Environmental Protection Amendment Bill
(No. 2) 2020
A Bill for
An Act to amend the Environmental Protection Act 1986.
The Parliament of Western Australia enacts as follows:
page 1
Environmental Protection Amendment Bill (No. 2) 2020
s. 1
1 1. Short title
2 This is the Environmental Protection Amendment Act
3 (No. 2) 2020.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 to 3 -- on the day on which this Act receives
7 the Royal Assent;
8 (b) section 4 -- immediately after the Environmental
9 Protection Amendment Act 2020 section 32 comes into
10 operation;
11 (c) section 5 -- immediately after the Environmental
12 Protection Amendment Act 2020 section 92 comes into
13 operation.
14 3. Act amended
15 This Act amends the Environmental Protection Act 1986.
16 4. Section 48AA amended
17 After section 48AA(2) insert:
18
19 (3) To the extent that regulations to which subsection (1)
20 applies prescribe a fee or charge that includes an
21 amount that is a tax, the regulations may impose the
22 tax.
23 (4) Nothing in this section is to be taken as limiting the
24 operation of the Interpretation Act 1984 section 45A.
25
page 2
Environmental Protection Amendment Bill (No. 2) 2020
s. 5
1 5. Part VIIB Division 2A inserted
2 After Part VIIB Division 2 insert:
3
4 Division 2A -- Imposition of levy
5 110MA. Term used
6 In this Division --
7 monitored activity means a prescribed activity the
8 impact of which is monitored under an environmental
9 monitoring programme.
10 110MB. Levy may be prescribed
11 (1) The regulations may prescribe an amount by way of
12 levy that is to be payable by persons who carry out a
13 monitored activity.
14 (2) The regulations may --
15 (a) provide that an amount by way of levy is to be
16 payable --
17 (i) in all cases; or
18 (ii) in all cases subject to specified
19 exceptions; or
20 (iii) in any specified case or class of case;
21 and
22 (b) prescribe different amounts by way of levies
23 that are payable in respect of different cases or
24 classes of case; and
25 (c) provide for the levy to be calculated on a
26 specified basis, and in accordance with
27 specified factors.
28 (3) Nothing in this section is to be taken as limiting the
29 operation of the Interpretation Act 1984 section 43.
page 3
Environmental Protection Amendment Bill (No. 2) 2020
s. 5
1 110MC. Levy imposed
2 If an amount by way of levy is prescribed to be payable
3 by persons carrying out a monitored activity, that levy
4 is imposed.
5 110MD. Liability to pay levy
6 If a levy is imposed under section 110MC, the
7 following persons are liable to pay the amount of any
8 levy --
9 (a) if there is a licence authorising the carrying out
10 of the monitored activity -- the holder of the
11 licence;
12 (b) if the monitored activity is being carried out
13 without a licence being in force -- a person
14 required to hold a licence to carry out the
15 monitored activity.
16
17
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