“Prosecution Actions Under The Health Act 1911″
City of Canning Ownership of RRRC Site and Membership of SMRC:
The City of Canning is the owner of the land occupied by the RRRC and has a degree of involvement in the operation of the facility as a member of the SMRC. It is noted that prosecution actions under the Health Act 1911, including rectification measures identified under Section 184, are directed at both the operator and landowner of a subject property. In any enforcement action, the operator and the owner would be jointly liable if an identified nuisance was not satisfactorily abated. In the progression of any enforcement action under the Health Act, a circumstance may arise where the action by the City leads to a penalty being imposed on the City due to its position as landowner and member of the SMRC.
See more info here in regards to the May 13, 2008 Minutes of the City of Canning:
The RRRC Waste Composting Facility and the Health Act
