Agriculture and Related Resources Protection Amendment Act 1980 (WA)

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WESTERN AUSTRALIA.

AGRICULTURE AND RELATED

RESOURCES PROTECTION.

No. 22 of 1980.

AN ACT to amend the Agriculture and Related

Resources Protection Act 1976-1979.

[Assented to 15 October 1980.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:—

1. (1) This Act may be cited as the Agriculture t51;iiart title

and Related Resources Protection Amendment Act citation.

1980.

(2)

In this Act the Agriculture and Related ,,,?1,j,T8482

Resources Protection Act 1976-1979 is referred to Itinrlby

1978 and 55

as the principal Act.

of 1979.

(3)

The principal Act as amended by this Act may

be cited as the Agriculture and Related Resources

Protection Act 1976-1980.

No. 22.]

Agriculture and Related

[1980.

Resources Protection.

Commence-

ment.

2. (1) Subject to subsection (2) of this section this Act shall come into operation on the day on which this Act receives the Royal Assent.

(2) Section 5 of this Act shall be deemed to have

come into operation on 1 July 1980.

Section 60

3. Section 60 of the principal Act is amended in

amended.

subsection (3)-

(a)

by deleting "1980" in paragraph (a) and substituting the following-

" 1982 " ; and

(b)

by deleting "1980" in paragraph (b) and substituting the following-

" 1982 " .

Section 63

amended.

4. Section 63 of the principal Act is amended by repealing subsection (3) and substituting the following subsections-

" (3) Rates assessed under section 60 or 61 shall, subject to this Act, be due and payable thirty days after the service by post of a notice of assessment.

(3a) When rates assessed under section 60 or

61 are due and payable

(a)

they are a debt due to the Protection Board and payable to the Commis- sioner;

(b)

they may be sued for and recovered by the Commissioner suing on behalf of the Protection Board; and

(c)

sections 42 to 51 (both inclusive) of the Land Tax Assessment Act 1976 apply to and in relation to them as if they were land tax imposed by any Act and assessed under the Land Tax Assess- ment Act 1976. " .

1980.]

Agriculture and Related

[No. 22.

Resources Protection.

Section 65

5. Section 65 of the principal Act is amended

amended.

(a)

by deleting "1980" in paragraph (a) of subsection (2) and substituting the following-

" 1982 " ; and

(b)

by deleting "1980" in paragraph (a) of sub- section (3) and substituting the following-

" 1982 " .

Section 84

6. Section 84 of the principal Act is amended

amended.

(a)

in paragraph (a) of subsection (1) by inserting after subparagraph (iv) the following subparagraph-

" (v) whether any chemical is being or has been stored or used upon the land or in the premises contrary to this Act; " ;

(b) in subsection (2)-

(i)    by deleting "Act," in paragraph (c) and substituting the following-

" Act; " ;

(ii)    by inserting after paragraph (c) the following paragraph-

" (d) any chemical that is being

stored or has been used

contrary to this Act, " ;

and

(iii)    by deleting "found therein" in the last line and substituting the following-

" or chemical found in the

premises " .

Section 85

7. Section 85 of the principal Act is amended in

amended.

subsection (1)-

(a) by deleting "or" after paragraph (a);

No. 22.]

Agriculture and Related

[1980.

Resources Protection.

(b)

by deleting "74." in paragraph (b) and substituting the following

" 74;

and

(c)

by inserting after paragraph (b) the following word and paragraph

({

or

(c)

any chemical is being transported on or in that vehicle, vessel, aircraft or train contrary to section 83A. " .

Stion 105

amended. 8. Section 105 of the principal Act is amended

in paragraph (1) by inserting before "plants" the

following-

" declared "

Section 1013A

amended.

9. Section 106A of the principal Act is amended

(a)

by inserting after the section designation "106A." the following subsection designa- ton

LC (1) " ; and

(b) by inserting the following subsection-

" (2) Regulations may authorize the taking of samples of chemicals, the seizure and removal of chemicals and the giving of directions for the removal of chemicals. " .

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