Environmental Protection Act 1986 (WA)

Western Australia Environmental Protection Act 1986 Western Australia Environmental Protection Act 1986 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. Terms used relating to pollution and environmental harm 1 4. Crown bound 1 4A. Object and principles of Act 1 5. Inconsistent laws 1 6. Power of Minister or Authority to exempt 1 Part II — Environmental Protection Authority Division 1 — Composition, procedure, etc. of Environmental Protection Authority 7. Continuation and composition of Environmental Protection Authority 1 7A. Authority member unable to act 1 8. Independence of Authority and Chair 1 9. Remuneration and allowances of Authority members 1 10. Business of Authority 1 11. Meetings of Authority 1 12. Disclosure of interests by Authority members 1 13. Decisions of persons presiding at meetings of Authority 1 14. Minutes to be kept of meetings of Authority 1 14A. Decision without meeting 1 15. Objectives of Authority 1 16. Functions of Authority 1 17. Powers of Authority 1 17A. Provision of services, information etc. to Authority 1 18. Delegation by Minister 1 19. Delegation by Authority 1 20. Delegation by CEO 1 21. Authority to make annual report 1 Division 1A — Ministerial statement of expectation 21A. Terms used 1 21B. Minister to issue ministerial statement of expectation 1 21C. Review and reissue of expectation statement 1 21D. Expectation statement to be laid before Parliament 1 21E. Expectation statement to be published 1 Division 2 — Staff of Department, etc. 22. Appointment and engagement of staff generally 1 24. Use of staff and facilities of other departments etc. 1 25. Advisory groups, committees, councils and panels 1 Part III — Environmental protection policies 26. Draft policy, preparation and publicising of 1 27. Persons may make representations to Authority on draft policy 1 28. Consideration, revision and submission to Minister of draft policy by Authority 1 29. Public inquiry into draft policy 1 30. Minister to consult on draft policy 1 31. Minister to remit draft policy, or approve it (with or without amendments) or refuse to approve it 1 32. Reconsidering and resubmitting remitted draft policy 1 33. Approved policies, status and revocation of 1 34. Orders made under s. 31(d), Parliamentary oversight of 1 35. Content of approved policies 1 36. Review of approved policies 1 37. Minor changes to approved policies 1 37A. NEPM may be declared to be approved policy 1 Part IV — Environmental impact assessment Division 1 — Referral and assessment of proposals 37B. Terms used 1 38. Referral of proposals 1 38A. Calling in a proposal 1 38B. Requirements as to referrals 1 38C. Proponent may amend a referred proposal 1 38D. Proponent may give notice that a referred proposal will not proceed 1 38E. Proposals derived from assessed strategic proposals 1 38F. Request for further information 1 38G. Authority must decide whether to assess a referred proposal 1 38H. Nomination of person responsible for proposal 1 38I. Change of person responsible for proposal 1 39. Authority to keep records of referred proposals 1 40. Assessing referred proposals 1 40AA. Assessment of significant amendments 1 40A. Termination of assessment 1 40B. Application of assessment provisions to strategic proposals and strategic assessments 1 41. Restrictions on decisions by decision‑making authorities 1 41A. Proposal not to be implemented before action under s. 45 taken 1 42. Conduct of public inquiries under s. 40(2)(c) 1 43. Minister may direct Authority as to assessing proposal 1 43A. Amendments to proposals during assessment 1 44. Report by Authority on assessment of proposal 1 Division 2 — Implementation of proposals 44A. Terms used 1 45. Procedure for deciding if assessed proposal may be implemented 1 45A. Implementation conditions 1 45B. Implementation of derived proposal 1 45C. Amending approved proposals or implementation conditions without inquiry or assessment 1 45D. Division or consolidation of proposals and issue of separate or combined Ministerial statements 1 46. Amending implementation conditions after inquiry 1 46A. Interim conditions and procedures 1 47. Duties of proponents after service of Ministerial statement 1 47A. Duration and withdrawal of Ministerial statement 1 48. Control of implementation of proposals 1 Division 2A — Supplementary provisions relating to proposals 48AA. Fees and charges for referral and assessment of proposals 1 48AB. Reporting on matters relating to proposals 1 Division 3 — Assessment of schemes 48AAA. Certain schemes not required to be assessed 1 48A. Authority to decide whether or not schemes to be assessed 1 48B. Authority to keep public records of schemes referred to it 1 48C. Authority's powers for assessing referred schemes 1 48D. Authority to report to Minister on schemes 1 48E. Minister may direct Authority to assess etc. referred schemes 1 Division 4 — Implementation of schemes 48EA. Terms used 1 48F. Procedure for agreeing or deciding on conditions to which schemes are to be subject 1 48G. Review of conditions in statements published under section 48F 1 48H. Control of implementation of assessed schemes 1 48I. Which proposals under assessed schemes to be referred to Authority 1 48J. Disputes between Minister and responsible Ministers, Governor to decide 1 Part V — Environmental regulation Division 1 — Pollution and environmental harm offences 49. Causing pollution and unreasonable emissions 1 49A. Dumping waste 1 50. Discharging waste in circumstances likely to cause pollution 1 50A. Causing serious environmental harm 1 50B. Causing material environmental harm 1 50C. Court may find accused guilty of alternative offences if charged with causing serious environmental harm 1 50D. Regulations may require authorisation for conduct that might cause pollution or environmental harm 1 51. Occupiers of premises, duties as to emissions 1 Division 2 — Clearing of native vegetation 51A. Terms used 1 51B. Declaration of environmentally sensitive areas by regulation 1 51C. Unauthorised clearing of native vegetation 1 51D. Section 51C(a) does not apply to certain land 1 51DA. Referral of proposed clearing to CEO for decision on whether a clearing permit should be obtained 1 51E. How applications for clearing permits are made and dealt with 1 51F. Decisions about clearing related to proposals 1 51G. Duration of clearing permits 1 51H. Clearing permit conditions 1 51I. Some kinds of conditions 1 51J. Contravening clearing permit conditions 1 51K. Amending clearing permit 1 51KA. Application to amend clearing permit 1 51KB. Amendments to clearing permits related to proposals 1 51L. Revoking or suspending clearing permit 1 51M. Procedure for CEO when amending, revoking or suspending clearing permit 1 51MA. Surrendering clearing permit 1 51N. Continuation of area permit on change of ownership 1 51O. Principles and instruments to be considered when making decisions as to clearing permits 1 51P. Relationship between clearing permits and approved policies 1 51Q. CEO to keep a record of clearing permits and related matters 1 51R. Evidentiary matters 1 51S. Clearing injunctions 1 51T. Other laws as to clearing vegetation not affected by this Division 1 Division 3 — Prescribed premises, works approvals and licences 52. Changing premises to become prescribed premises requires approval 1 53. Prescribed premises, restrictions as to changes to etc. 1 54. Works approvals, applying for, granting, refusing etc. 1 55. Contravening conditions of works approvals 1 56. Occupiers of prescribed premises to be licensed for emissions etc. 1 57. Licences, applying for, granting, refusing etc. 1 58. Contravening licence conditions 1 59. Amending works approval or licence 1 59A. Revoking or suspending works approval or licence 1 59B. Procedure for amending, revoking or suspending works approval or licence 1 60. Relationship between works approvals or licences and approved policies 1 61. Duty of persons becoming occupiers of prescribed premises 1 62. Works approval and licence conditions 1 62A. Some kinds of conditions 1 63. Duration of works approvals and licences 1 63A. CEO to keep and publish record of works approvals and licences 1 64. Transfer of works approvals and licences 1 Division 4 — Notices, orders and directions 64A. CEO to keep records of notices 1 65. Environmental protection notices, issue and effect of 1 66. Environmental protection notices, registration of etc. on land titles 1 67. Duties of person ceasing to be owner etc. of land subject to notice registered under s. 66 1 68. Restriction on subdividing etc. land subject to notice registered under s. 66 1 68A. Closure notices, issue and effect of 1 69. Stop orders, issue and effect of 1 70. Vegetation conservation notices, issue and effect of 1 71. Environmental protection directions, issue and effect of 1 72. Duty to notify CEO of discharges of waste 1 73. Powers to deal with etc. discharges of waste, pollution and environmental harm 1 73A. Prevention notices, issue and effect of 1 73B. Breach of notice issued under s. 65, 70 or 73A, damages for 1 Division 5 — Miscellaneous 74. Defences to certain offences 1 74A. Defences to offences of causing pollution etc.: authority of this Act 1 74B. Other defences to environmental harm offences 1 75. Discharges or emissions in emergencies 1 76. Miscellaneous offences 1 77. Vehicles and vessels, duties of owners etc. of 1 78. Interfering with anti‑pollution devices on vehicles or vessels 1 79. Unreasonable noise emissions from premises 1 80. Installing equipment emitting unreasonable noise 1 81. Noise abatement, powers for 1 81A. Seizing noisy equipment 1 82. Ancillary powers for s. 81 and 81A 1 83. Duty to give assistance and information to officials 1 84. Excessive noise emissions from vehicles or vessels 1 85. Excessive noise emissions from equipment 1 86. Manufacture, sale etc. of products emitting excessive noise 1 Part VA — Financial assurances 86A. Terms used 1 86B. Financial assurance requirements, imposition and effect of 1 86C. Minister's consent needed to impose etc. financial assurance requirement 1 86D. Amount of financial assurance 1 86E. Claim on or realising of financial assurance 1 86F. Lapsing of financial assurance requirement 1 86G. Use of financial assurance not to affect other action 1 Part VI — Enforcement 87. Authorised persons, appointment of 1 88. Inspectors, appointment and purposes of 1 89. Entry powers of inspectors 1 89A. Use of assistance and force 1 90. Powers of inspectors to obtain information 1 91. Entry powers of inspectors for s. 86 1 91A. Stopping etc. vehicles and vessels, powers of inspectors and authorised persons as to 1 92. Inspectors may require details of certain occupiers and others 1 92A. Seizing evidence etc. 1 92B. Dealing with seized things 1 92C. Returning seized things 1 92D. Forfeiture of abandoned property 1 92E. Person not to interfere with seized things 1 92G. Inspector to try to minimise damage 1 92H. Compensation for loss etc. due to enforcement action 1 93. Obstructing etc. inspectors or authorised persons 1 94. Analysts, appointment of 1 95. CEO may require information about industrial processes etc. 1 96. CEO may require information about vehicles or vessels 1 97. CEO may require vehicles, vessels and equipment to be made available for testing 1 98. Police officers' powers for inspecting etc. vehicles and vessels 1 99. Police officers may stop audible alarms 1 Part VIA — Legal proceedings and penalties Division 1 — Prescribed offences and modified penalties 99AA. Term used: prescribed offence 1 99A. Modified penalty notice, issue of 1 99B. Content of modified penalty notice 1 99C. Extending time to pay modified penalty 1 99D. Withdrawing modified penalty notice 1 99E. Consequence of paying modified penalty 1 99F. Register of modified penalty notices etc. 1 99G. Application of penalties collected 1 Division 2 — Infringement notice offences 99H. Terms used 1 99I. Designated persons for s. 99K, 99M or 99N, appointment of 1 99J. Infringement notice, issue of 1 99K. Content of infringement notice 1 99L. Some prior convictions and payments of modified penalties to be disregarded for s. 99K(3) 1 99M. Extending time to pay modified penalty 1 99N. Withdrawing infringement notice 1 99O. Consequence of paying modified penalty 1 99P. Application of penalties collected 1 Division 3 — Penalties 99Q. Penalties 1 99R. Daily penalty 1 99S. Attempt and accessory after the fact 1 Division 4 — Additional powers available to the court 99T. Term used: convicted 1 99U. Orders generally 1 99V. Orders for forfeiture 1 99W. Disposal of forfeited things 1 99X. Orders for prevention, restoration etc. 1 99Y. Orders for costs, expenses and compensation 1 99Z. Orders regarding monetary benefits 1 99ZA. Orders requiring public notice to be given etc. 1 99ZB. Enforcing orders to pay moneys 1 Part VII — Appeals 100. Appeals against Authority's decisions etc. as to proposals and schemes 1 101. Minister's powers on appeals under s. 100 1 101A. Appeals against decisions as to clearing permits 1 102. Appeals against decisions as to works approvals and licences 1 103. Appeals against decisions as to notices issued under s. 65, 68A, 70 or 73A 1 104. Appeals against CEO's requirements under s. 96 or 97 1 105. Matters that cannot be appealed 1 106. Preliminary procedure on appeals 1 107. Minister's powers on appeal 1 107A. Appeals Convenor, appointment of 1 107B. Functions of Appeals Convenor 1 107C. Appeals panel, appointment of 1 107D. Administrative procedures for appeals 1 108. Appeals committees, composition and remuneration of 1 109. Procedure of appeals committees 1 110. Minister's decisions on appeals, implementation and publication of 1 Part VIIA — Landfill levy Division 1 — Collection of levy imposed under Environmental Protection (Landfill) Levy Act 1998 110A. Terms used 1 110B. Payment of levy 1 110C. Financial assurance 1 110D. Payment by instalments 1 110E. Penalty for non‑payment 1 110F. Recovery of levy 1 110G. Evading levy 1 Division 2 — Waste Management and Recycling Account 110H. Waste Management and Recycling Account 1 110I. Application of Financial Management Act 2006 and Auditor General Act 2006 1 110J. Review of Part VIIA 1 Part VIII — General 111. Saving of rights at law to prevent etc. pollution etc. 1 111A. Victimisation of informants etc. 1 112. False information 1 112A. Self‑incrimination 1 114. Prosecutions, who may institute 1 114A. Prosecutions, limitation periods for 1 115. Investigation expenses 1 116. Disputes between Authority and other public authority 1 116A. Proof not required of certain matters 1 116B. Proof of remotely sensed images 1 117. Proof of documents 1 118. Establishing state of mind of body corporate 1 118A. Liability of officers for offence by body corporate 1 119. Averment of occupation or control 1 120. Disclosing certain information restricted 1 121A. Authority to perform certain functions in relation to Crown land for purposes of this Act 1 121. Protection from personal liability 1 122. Administrative procedures, Authority may establish 1 122A. Codes of practice 1 122B. Forms and other matters relating to documentation 1 123. Regulations 1 124. Review of Act 1 Part VIIIA — Bilateral agreements with the Commonwealth 124A. Terms used 1 124B. Effect of Part 1 124C. Additional function of Authority 1 124D. Application for a matter to be dealt with as a bilateral matter 1 124E. Performance of functions in respect of bilateral matters 1 124F. Fees in relation to bilateral matters 1 124G. Disclosure of information for the purposes of bilateral agreements 1 124H. Regulations 1 Part IX — Transitional Division 1 — Transitional provisions for Environmental Protection Act 1986 125. Interpretation Act 1984 not affected 1 126. Transitional provisions for Environmental Protection Act 1971 1 127. Transitional provisions not related to Environmental Protection Act 1971 1 128. General saving 1 Division 2 — Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part 2 129. Term used: amending Act 1 130. Appeals in respect of proposals 1 131. Appeals in respect of clearing permits 1 132. Appeals in respect of works approvals and licences 1 Division 3 — Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part 3 133. Minor or preliminary work that has Authority's consent 1 Division 4 — Transitional provisions for Environmental Protection Amendment Act 2020 Subdivision 1 — General provision 133A. Term used: amending Act 1 Subdivision 2 — Transitional provisions relating to clearing matters 133B. Declaration of environmentally sensitive areas 1 133C. Clearing permit applications 1 133D. Clearing injunctions 1 Subdivision 3 — Transitional provisions relating to works approvals and licences 133E. Terms used 1 133F. Works approvals 1 133G. Licences 1 133H. Existing applications for works approvals or licences 1 133I. Existing applications as to existing works approvals 1 133J. Existing applications as to existing licences 1 133K. Appeals in respect of refusal to grant works approvals and licences 1 133L. Other appeals in respect of works approvals and licences 1 Subdivision 4 — Other matters 133M. Referred proposals 1 133N. Chair and Deputy Chair 1 133O. Transitional regulations 1 133P. Interpretation Act 1984 not affected 1 Division 5 — Transitional provisions for Environmental Protection Amendment Act 2024 Subdivision 1 — Preliminary 133Q. Terms used 1 133R. Application of Interpretation Act 1984 1 Subdivision 2 — Main provisions 133S. Transitional regulations 1 133T. Existing Authority members 1 133U. Parallel decision‑making: section 41 1 133V. Parallel decision‑making: Part V 1 133W. Existing appeals against Authority's decision not to assess proposal 1 133X. Exemption order 1 133Y. Amendment to Environmental Protection Regulations 1987 r. 5DA 1 Part X — Validation Division 1 — Provisions relating to The Wilderness Society v Minister for Environment 134. Terms used 1 135. Grounds of invalidity 1 136. Certain proceedings of Environmental Protection Authority and other things validated 1 137. Exclusions from validation 1 Division 2 — Provisions relating to licences that ceased to have effect due to non‑payment of licence fee 138. Terms used 1 139. Validation 1 140. CEO notified holder of licence that licence had ceased to have effect 1 141. Licence replaced by new licence before validation day 1 Schedule 1 — Penalties Part 1 — Tier 1 offences and penalties Division 1 — Individuals Division 2 — Bodies corporate Part 2 — Tier 2 offences and penalties Division 1 — Individuals Division 2 — Bodies corporate Division 3 — Individuals and bodies corporate Part 3 — Tier 3 offences and penalties Schedule 2 — Matters in respect of which regulations may be made Schedule 3 — Transitional provisions related to Environmental Protection Act 1971 Schedule 4 — Transitional provisions not related to Environmental Protection Act 1971 Schedule 5 — Principles for clearing native vegetation 1. Principles 1 2. Terms used 1 Schedule 6 — Clearing for which a clearing permit is not required Schedule 7 — Appeals Convenor 1. Term of office 1 2. Salary and entitlements 1 3. Resignation and removal from office 1 4. Appointment of public service officer 1 5. Other conditions of service 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Environmental Protection Act 1986 An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. [Long title amended: No. 54 of 2003 s. 27.]