Western Australian Government Passed the Environmental Control Act 2019 - Management Assignment Help

Assignment Task:

Research has recently suggested that there has been an increase in levels of aluminum and other metals in soil, vegetation and waterways located in the South West area. In response to this new threat the Western Australian Government passed the Environmental Control Act 2019 (WA) [a fictitious Act], section 16 of which provides:
16. Councils may make local laws
(i) regulating pollution and environmental protection. 
In response to the Act, the Augusta Margaret River Shire Council made a series of local laws including local law 77 [a fictitious local law] which states:
77. A person shall not dispose of metals or metallic particles into the soil, areas of vegetation, waterways, sewers, drains or similar areas. Penalty: $3000.00

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In January of 2020 Sharon, a university student began selling modern art-inspired works from her Yallingup bush retreat. She uses disposable spray cans for her art including “It’s a gas, gas, green” colored paint which is a particular favorite of hers. The paint contains small amounts of magnesium particles needed for the distinctive finish. One day, while she is cleaning the nozzle of a spray, can by holding the spray upside down and discharging excess propellant as she was outside her studio, she was approached by local government environment officer Rick Dalton who was conducting random inspections in the area. Rick Dalton claimed that Sharon has breached local law 77 because he is certain that some of the paint must have landed in Sharon’s outdoor shower area which is situated near her kitchen. The concrete shower area has drainage channels and was once used by the previous owner who raised Alpacas and other animals on the property. The outdoor shower diverts water into a disused bathtub via a plastic pipe which Sharon assembled when she moved into the property some years ago. Sharon re-uses the water on her plants and shrubs. She tells Rick Dalton that when the spray can nozzle is pressed while being held upside down for cleaning purposes, the only propellant is released although she does admit that some paint escapes for a second or so initially. Several days later she received a summons alleging a breach of local law 77. Sharon is most upset. She is convinced local law 77 does not apply to the discharge of insignificant amounts of paint into a water storage container on a private residence.

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