What it does
The Environmental Protection Act 1986 (WA) (the Act) establishes a comprehensive framework for the protection of the environment in Western Australia. At its core, the Act creates the Environmental Protection Authority (the Authority) as an independent body (s.7) with objectives to protect the environment and prevent, control, and abate pollution and environmental harm (s.15). The Authority's functions include conducting environmental impact assessments (s.16(a)), preparing environmental protection policies (s.16(f)), and advising the Minister on environmental matters (s.16(e)).
Part IV provides the mechanism for environmental impact assessment. Proposals likely to have a significant effect on the environment must be referred to the Authority (s.38). The Authority decides whether to assess the proposal (s.38G), and if so, undertakes assessment which may involve requiring information (s.40(2)(a)), an environmental review (s.40(2)(b)), or a public inquiry (s.40(2)(c)). The Authority then reports to the Minister with recommendations on whether the proposal may be implemented and any conditions (s.44(2)). The Minister, after consulting key decision-making authorities, decides on implementation and any conditions (s.45). Implementation conditions may require offset measures, environmental management plans, or financial assurances (s.45A). Assessed proposals cannot be implemented without Ministerial authorisation (s.41A), and proponents must comply with conditions (s.47).
For schemes (planning instruments under the Planning and Development Act 2005 and related Acts), similar assessment occurs under Divisions 3 and 4 of Part IV (ss.48A-48J). The Authority assesses whether schemes should be subject to conditions to protect the environment (s.48F).
Part V regulates pollution and environmental harm. Division 1 creates offences for causing pollution (s.49), discharging waste likely to cause pollution (s.50), causing serious or material environmental harm (ss.50A, 50B), and related acts. 'Pollution' and 'environmental harm' are defined broadly in s.3A. Occupiers must comply with standards for emissions (s.51). Division 2 regulates clearing of native vegetation. Clearing is prohibited unless authorised by a clearing permit (s.51C), with applications assessed against clearing principles in Schedule 5 (s.51O). Permits may be area or purpose permits (s.51E(7)-(8)) and can include conditions for offsets (s.51I(2)(b)). Division 3 requires works approvals and licences for prescribed premises (ss.52-64). Works approvals are needed for changes that could cause emissions (s.53), and licences for ongoing emissions (s.56). Conditions can include monitoring, management plans, and financial assurances (s.62A). Division 4 provides for notices including environmental protection notices (s.65), closure notices (s.68A), stop orders (s.69), vegetation conservation notices (s.70), and prevention notices (s.73A). Part VA requires financial assurances for proposals, authorisations, or notices where there is risk of environmental harm (ss.86B-86G).