Country : Australia
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) [afictitious Act], section 16 of which provides:
16. Councils may make local laws
(i) regulating pollution and environmental protection. In response to the Act te 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
Please see over the page for the question and marking rubric

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.

Using the 4 step process discuss the validity of Sharon’s argument using the rules of statutory interpretation. Note: the legislation described in this assignment is fictitious.
2500 words maximum limit. Ensure that you reference your submission correctly and submit to Turnitin (found under the ‘Assignments’ tag on Blackboard). Safety and Environmental Health Law 265 Assignment 2 Marking Criteria Rubric. Marks for Assignment 2 Semester 1 2020 will be awarded as per the following: 

5 Marks Structure & presentation (2 marks) and referencing (3 marks) in accordance with guidelines.
 
19 Marks Discussion of relevant law including cases and legislation if relevant. This requires identification of the relevant law in the question, discussion of the appropriate legal issues (10 marks) and application of the law described to the facts of the problem in a logical, coherent manner (9 marks).

1 Mark Logical conclusion to the problem in line with the discussion and application already completed.

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  • Posted on : March 28th, 2019
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