Sel Statutory Interpretation

In: Business and Management

Submitted By ceeluong
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The Environmental Control Act (the Act), was introduced into WA in 2016. The Act provides local government control to regulate pollution into the marine environment and terrestrial waterways in the South West area. It was established as a response to the increasing levels of aluminium and other metals found in soil, vegetation and waterways. The delegation of power to local authorities is broad and gives the local authorities the ability to create and enforce local laws appropriate to the particular needs and resources available in their governing area. In January 2016, Daisy was approached by a local government environment officer named John Ruth. Daisy was a university student that used disposable spray paint cans to create modern art inspired by the Gracetown bush retreat. At the time that she was approached, Daisy was in the process of cleaning a spray paint can, Psychedelic Purple which contained magnesium particles. When cleaning these cans, Daisy had to hold them upside down and spray out any excess repellent. Upon seeing this, John Ruth was certain that some of this paint had landed on her outdoor shower area which was located near her kitchen. John Ruth issued a notice that there had been a breach of Augusta Margaret River Shire Council local law that relates to the discharge of metals and metallic particles into soil, areas of vegetation, waterways, sewers, drains or similar areas. This law is followed by a significant fine of $3000. Daisy argues that the law does not apply when an insignificant amount of particles is discharged into a water storage container. The following provides an outline of relevant legal concepts and approaches to determine the validity of Daisy's argument. Statutory Interpretation
Statutory interpretation is a method used by courts to interpret and apply legislation. It is necessary for legislations to have rules…...

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