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代寫How to decide what legislation

•Tutorial Exercise Three (Week 4)
How to decide what legislation means and how to apply that legislation to the facts of a case
•Case-study: The toxic waste
  Late in the afternoon on 1 December 2010 Alex Demtiriou, who owns a waste removal business, collects a truckload of contaminated soil from excavations at a building site in Melville. He drives the full truck back to his company’s yard in Belmont. He leaves it parked there overnight, intending to drive it to a remote dump the next day.
  A municipal inspector sees the truck in the yard and discovers that the soil in the truck is contaminated by toxic waste. The inspector tells Alex that the law forbids storing such materials near a river or river bed without a special permit. Alex admits that the soil is contaminated and says that he cannot produce a permit. The Swan River is three kilometres from the haulage company’s yard.
  The inspector makes a report to the Police, who charge Alex with a breach of s 3 of an Act called the Contamination Avoidance Act.  Alex is given the option of admitting guilt and paying a fine of $1,000.  Otherwise, he will have to defend the charge in court.
  Alex asks for your advice. He admits the soil was left in the yard, but says it was only left there overnight and that he always intended to move it the next day. He says that, in these circumstances, he does not think he contravened the Act.
  You are asked to advise Alex whether to pay the $1,000 fine or defend the charge in court.
 
•Finding the law
•You search the AusLII databases and find the Contamination Avoidance Act.
•The Act contains provisions dealing with various environmental issues. The relevant sections of this Act are as follows:
•Contamination Avoidance Act 2008 (WA)

In the name and on behalf of Her Majesty I hereby assent to this Bill.
Governor of Western Australia, 30th July 2008

1.  Objects. 
  The objects of this Act are:
  (a) to protect the water resources of Western Australia; and
  (b) to prevent harm caused by the accidental spread of contaminants.  
2.  Definitions
For the purposes of this Act
  (a)  “Minister” means the Minister of Environmental Affairs.
  (b) “river bed” means a river with intermittent flow
  (c)  “toxic materials”  means any materials that are contaminated with or that contain substances known to cause harm to animals or plants.
3.  Storage of toxic materials prohibited
  A person shall not store or permit the storage of toxic materials within five kilometres of a river or river bed without first obtaining a permit from the Minister.
4. Permits
  An application for a permit to store toxic waste must be made on the prescribed form at least three weeks before the intended storage takes place.
5. Offences and Penalties
  Any person who engages in conduct in contravention of this Act, or who causes another person to engage in conduct in contravention of this Act, shall be guilty of an offence and liable to a fine not exceeding $5,000.
•Additional information
•In addition to the Act itself, you search Hansard for the details of the debate over the enactment of this legislation and, when you do so, you find this passage in the second reading speech by the Minister of Environmental Affairs.
    “… The Contamination Avoidance Act will ensure that there is no risk at all of contamination to our precious waterways due to toxic material being left in any circumstances within the prescribed areas…”
•Resolving the case
•Does this Act apply to the case in question? Has it commenced operation?
•What facts must be proved to establish a breach of section 3?
•On the known facts, what argument is Alex making in his defence?   Is it true to say that he is suggesting that leaving the soil in the truck overnight does not constitute ‘storing’ that material?
•Does Alex’s argument raise an interpretation question?  If so, what is that question?  E.g.: Does the word ‘store’, as used in section 3 of the Contamination Avoidance Act, include a temporary placing of prohibited materials within a restricted area?
•Identify, explain and apply the relevant rules of statutory interpretation: the literal approach; the golden rule and the purpose approach.  What conclusion is a court likely to reach by applying these rules to this case?
•Constructing an IRAC analysis of this problem
•On the basis of your answers to the preceding questions write short notes on each of the following points:
•What was the ISSUE that arose on the facts of Alex’s case?
•What was the RELEVANT LAW that had to be applied to resolve his case?
•How would the court APPLY THE RELEVANT LAW to the facts of Alex’s case?
•What CONCLUSION would the court reach?
•WHAT does IRAC stand for?
•How would you apply an IRAC analysis to a more complex case where there are multiple issues and thus many different sets of legal rules that have to be taken into account and applied to the given facts, in order to reach a final overall conclusion as to the legal rights and liabilities of the parities involved?

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