Topic > Law and Statutory Law - 1518

Step 1The area of ​​law that this issue is associated with is Statutory Law. The case in question involves violation of Local Law 36 which states “A person may not dispose of metals or metallic particles into soil, vegetated areas, waterways, sewers, drains or similar areas. Penalty: $3000.00”. Yvette, a student, sells artwork in the garage of her private residence. The chrome paint he uses contains a small amount of aluminum and as the paint can is cleaned, some of the paint may leak out of the can and flow into an unused trough. The excess water from the trough is designed to flow into an unused well nearby and while a local government official was inspecting the areas, he caught Yvette in the act of cleaning the can. The legal issue here is that the officer claimed that Yvette is violating Local Law 36 by releasing aluminum from the paint can. Yvette argues that local law is not relevant to her actions as she followed the correct procedure to clean the can which releases only an insignificant amount of aluminum and let the waste flow into a nearby water storage location. To address this topic in the case, the court will apply the rules of statutory interpretation. Step 2The fundamental principles of law followed in Australia which can be linked to the current case under the law are; the law must be readily known and available, certain and clear. All people have the right to the presumption of innocence and to a fair and public trial. These principles must be followed to interpret the legislation and in order for them to be followed, the court must use the principles, the three rules of statutory interpretation to interpret the case and reach a conclusion that is fair to… . half of the paper ……w mentioned. This will prove that Yvette is not guilty of violating Local Law 36. But if the court decides to take a strictly purposive approach, it will only consider the main intention of passing the legislation and may decide to find Yvette guilty, forcing her to pay the penalty . Works Cited Kim, Yule. 2008. Statutory Interpretation: General Principles and Recent Trends. E-books. 1st ed. https://www.fas.org/sgp/crs/misc/97-589.pdf.Ponting, Jane. 1998. “The Evil Rule, the Literal Rule, the Golden Rule.” Legal studies. South Melbourne: Oxford University Press. "The Meaning of the Golden Rule". 2013. Blog. Golden rule. http://golden-rule-law.blogspot.com.au/.Tooma, Michael. 2011. Safety, Security, Health and Environmental Law. 2nd ed. Sydney: Federation Press.Uniset.ca,. 2014. “Smith V. Hughes.” Accessed May 15th. http://www.uniset.ca/other/cs3/19601WLR830.html.