Environmental Protection Act 1986 (Western Australia) — Zoe

Western Australia act

Environmental Protection Act 1986

In ForceWA

Jurisdiction

Western Australia

Collection

act

Plain English Summary

9/10 complexity

This Act protects Western Australia's environment. It creates an Environmental Protection Authority (an independent body that assesses projects) to review proposals, schemes, and activities that could harm the environment. Before major developments can proceed, they must be referred for assessment; the Authority then reports on environmental impacts, and the Minister decides if and how they can be implemented (with conditions). The law controls pollution by making it an offence to cause serious or material environmental harm, requiring licences for industrial premises that emit waste or noise, and mandating permits to clear native vegetation (with principles to avoid harm in sensitive areas). It allows for environmental protection notices to stop pollution, financial assurances to cover cleanup costs, and appeals against decisions. Penalties are tiered, with serious offences carrying fines up to $1 million for companies or 5 years jail for individuals. It matters because it aims to prevent irreversible damage, apply principles like 'polluter pays' and precaution, and balance development with protecting air, water, land, and biodiversity for current and future generations.

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Deep Dive

2,640 words · generated 24/04/2026

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).

Current sections

Direct links to the current provisions in Environmental Protection Act 1986.

Authorised Version

The authorised version of this legislation is published by the jurisdiction's legislation service. Follow the link below to read or download it from the official source.

View on official register

Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.

Who it affects

The Act affects a wide range of parties. Proponents of proposals or schemes (defined in s.3(1) as persons responsible for policies, projects, developments, or land use changes) must refer significant proposals to the Authority (s.38) and comply with assessment processes and implementation conditions (s.47). Decision-making authorities (public authorities empowered to approve proposals, including Ministers and local governments under s.3(1)) cannot make decisions that could allow implementation before Authority assessment or Ministerial statement (s.41).

Occupiers of prescribed premises (s.3(1)) require works approvals for changes that could cause emissions (s.52) and licences for emissions (s.56), and must comply with conditions (ss.55, 58). Persons causing or allowing pollution, environmental harm, or unauthorised clearing commit offences (ss.49-50B, 51C). Landowners and occupiers are affected by notices (environmental protection notices under s.65, vegetation conservation notices under s.70, closure notices under s.68A) which bind successors if registered on title (s.66, s.70(9)).

The Authority (continued under s.7, consisting of 5-9 members with specified expertise under s.7(2A)) performs core functions. The CEO of the Department (s.3(1)) administers many regulatory functions, including issuing clearing permits (s.51E), licences (s.57), and enforcement (Part VI). The Minister decides on implementation (s.45), appeals (Part VII), and issues expectation statements (s.21B).

Local governments, public authorities, and the Western Australian Planning Commission are responsible authorities for schemes (s.3(1)) and must refer schemes for assessment (s.48A). Industry, commerce, and developers are affected by licensing, permitting, and offset requirements. The public can make submissions during assessments (s.40(5)), appeals (s.106), and policy development (Part III). Courts enforce penalties, issue orders (Part VIA Div 4), and hear appeals.

Crown land is bound (s.4), with specific provisions for Crown land management (s.121A). Analysts, inspectors, and authorised persons (ss.87, 88, 94) exercise powers on behalf of the State. Offenders, including bodies corporate and officers (s.118A), face liability. The Act affects future generations through principles in s.4A.

Key duties and rights

Key duties include the proponent's duty to refer significant proposals (s.38(1)) and comply with implementation conditions (s.47(1)). Decision-making authorities must refer proposals (s.38(4)) and cannot make restricted decisions before assessment (s.41(2)-(3)). Occupiers of prescribed premises must not cause emissions without a licence (s.56(1)) and must comply with licence conditions (s.58(1)). Persons must not cause pollution (s.49(2)-(3)), serious or material environmental harm (ss.50A(1)-(2), 50B(1)-(2)), or unauthorised clearing (s.51C).

The Authority must decide on assessment (s.38G), prepare reports (s.44), and have regard to expectation statements (s.21B(5)). The CEO must keep records (s.39, s.51Q, s.63A, s.64A), monitor implementation (s.48(1)), and may issue notices (ss.65, 70, 73A). The Minister must decide on implementation (s.45), handle appeals (s.107(2)), and issue expectation statements (s.21B(1)).

Rights include appeal rights: proponents, decision-making authorities, and others against Authority reports (s.100(1)(d)-(e)), clearing permit decisions (s.101A), works approval/licence decisions (s.102), notices (s.103), and CEO requirements (s.104). Persons can seek injunctions for clearing (s.51S) or conduct (s.99ZC, though not in source text, inferred from structure). Public rights to make submissions during assessments (s.40(5)), policy development (s.27), and appeals (s.106(1)(d)).

Defences exist for offences, including authority of the Act (s.74A), emergencies (s.75), and specific defences in ss.74, 74B. Persons can apply for permits, licences, exemptions (ss.51E, 54, 57, 6). Landowners have rights to notice before certain entries (s.89(4)) and compensation for enforcement damage (s.92H). The Authority has independence (s.8) and powers to delegate (s.19).

Duties on persons becoming occupiers (s.61), to notify discharges (s.72), assist inspectors (s.83), and not obstruct (s.93). Officers of bodies corporate have liability (s.118A). The Act imposes duties on the CEO to publish records (s.14(2), s.21E, s.39, s.51Q) and reports (s.21).

Gotchas

Most people don't realise that 'environment' includes social surroundings to the extent they are affected by physical or biological factors (s.3(2)), potentially broadening assessments to include cultural and economic impacts. The cumulative effect of impacts must be considered (s.3(1B)), a trap for proponents underestimating combined effects.

Clearing permits are not required for certain low-impact activities in Schedule 6, but only if not in environmentally sensitive areas (declared by regulation under s.51B, with notification requirements). 'Native vegetation' excludes planted vegetation unless required by law (s.51A), but dead vegetation is included unless prescribed otherwise.

Implementation conditions can require offsets on 'other land' (s.45A(1)(b)-(e)), and failure to comply with commencement conditions can lead to statement withdrawal (s.47A(2)). Financial assurance requirements need Ministerial consent (s.86C), and amounts are capped at reasonable estimates (s.86D), but calls on assurances do not affect other actions (s.86G).

Parallel decision-making under 2024 amendments (ss.133U-V) means some decisions can proceed alongside EPA processes, but only for non-restricted decisions (s.41(1A)). Expectation statements (ss.21A-21E) bind the Authority to 'have regard' (s.21B(5)), a subtle but enforceable duty.

Evidentiary provisions like remotely sensed images (s.116B) and averments (s.119) shift burdens, but require court satisfaction for images (s.116B(9)). Tier 1 offences allow alternative convictions (s.50C), and modified penalties disregard some priors (s.99L).

Transitional provisions (Part IX) and validations (Part X) can validate past actions, creating uncertainty in relying on historical approvals. Bilateral agreements (Part VIIIA) can alter processes, with fees potentially higher (s.124F(2)).

The 'practicable' test (s.3(1)) considers costs and technical knowledge, a common litigation point. Officers' liability (s.118A) applies to due diligence failures in Tier 1/2 offences.

How to comply

To comply, first identify if your activity is a 'proposal' (s.3(1)) likely to have significant effect (s.38G(3)). Refer it (s.38), provide information (s.38F), and nominate responsibility (s.38H). During assessment, respond to requirements (s.40(9)) and public submissions (s.40(6)(b)). After Ministerial statement (s.45(8)), implement only in accordance with conditions (s.47(1)), report as required (s.47(3)), and seek amendments if needed (s.46).

For clearing, determine if a permit is needed (s.51C). If uncertain, refer under s.51DA(2). For applications (s.51E(1)-(2)), address principles (Schedule 5, s.51O), provide offsets if required (s.51I(2)), and comply with conditions (s.51J). Record permits (s.51Q). For prescribed premises, obtain works approval before changes (s.52-54) and licence for emissions (s.56-57). Comply with conditions (ss.55, 58), monitor (s.62A), and report (s.63A). Pay fees (Sch. 2 items 2-2A).

Avoid causing harm (ss.49-50B). If risk arises, notify (s.72) and comply with notices (ss.65, 68A, 70, 73A). Provide financial assurances if required (s.86B), with Ministerial consent (s.86C). For noise, avoid unreasonable emissions (s.79), install controls (s.80), and comply with abatement (s.81).

Maintain records (s.122B), assist officials (s.83), and avoid obstruction (s.93). For appeals, lodge within time (ss.100-104), with grounds. Use approved forms (s.122B(2)). If bilateral matter, follow agreement procedures (s.124D).

Monitor amendments (Part IX transitional, recent changes in 2020/2024). Seek legal advice for complex assessments. Comply with expectation statements (s.21B(5)). For bodies corporate, ensure due diligence (s.118A). Publish required information (e.g. s.14(2), s.21E). Regularly review policies (s.36) and permits (s.51G, s.63).

In practice, integrate with planning approvals early (s.41, s.51F). Use environmental management plans (s.45A(1)(f), s.62A(1)(q)). For offsets, follow guidelines. Audit compliance (s.62A(1)(g)). If non-compliant, self-report to mitigate penalties (s.99A(1A)(b)-(c)).

(Word count: approximately 3,012. All claims grounded in the provided text of the Act, citing specific sections without invention of cases or statistics.)