Sch 5Principles for clearing native vegetation

Schedule 5 — Principles for clearing native vegetation [s. 51A] [Heading inserted: No. 54 of 2003 s. 116.] 1. Principles Native vegetation should not be cleared if — (a) it comprises a high level of biodiversity; or (b) it comprises the whole or a part of, or is necessary for the maintenance of, a significant habitat for fauna; or (c) it includes, or is necessary for the continued existence of, threatened flora; or (d) it comprises the whole or a part of, or is necessary for the maintenance of, a threatened ecological community; or (e) it is significant as a remnant of native vegetation in an area that has been extensively cleared; or (f) it is growing in, or in association with, an environment associated with a watercourse or wetland; or (g) the clearing of the vegetation is likely to cause appreciable land degradation; or (h) the clearing of the vegetation is likely to have an impact on the environmental values of any adjacent or nearby conservation area; or (i) the clearing of the vegetation is likely to cause deterioration in the quality of surface or underground water; or (j) the clearing of the vegetation is likely to cause, or exacerbate, the incidence or intensity of flooding. [Clause 1 inserted: No. 54 of 2003 s. 116; amended: No. 24 of 2016 s. 314(2).] 2. Terms used In this Schedule — biodiversity has the meaning given in the *Biodiversity Conservation Act 2016* section 5(1); conservation area means a conservation park, national park, nature reserve, marine nature reserve, marine park or marine management area within the meaning of the *Conservation and Land Management Act 1984* or any other land or waters reserved, protected or managed for the purpose of, or purposes including, nature conservation; fauna has the meaning given in the *Biodiversity Conservation Act 2016* section 5(1); threatened ecological community means — (a) a threatened ecological community as defined in the *Biodiversity Conservation Act 2016* section 5(1); or (b) any other ecological community listed, designated or declared as threatened, endangered or vulnerable under or for the purposes of a written law; or (c) a listed threatened ecological community as defined in the Commonwealth Environment Act section 528; threatened flora has the meaning given in the *Biodiversity Conservation Act 2016* section 5(1); watercourse has the same meaning as it has in the *Rights in Water and Irrigation Act 1914*; wetland means an area of seasonally, intermittently or permanently waterlogged or inundated land, whether natural or otherwise, and includes a lake, swamp, marsh, spring, dampland, tidal flat or estuary. [Clause 2 inserted: No. 54 of 2003 s. 116; amended: No. 24 of 2016 s. 314(3) and (4); No. 40 of 2020 s. 109.] Schedule 6 — Clearing for which a clearing permit is not required [Heading inserted: No. 54 of 2003 s. 104.] [s. 51C] 1. Clearing that is done in order to give effect to a requirement to clear under a prescribed enactment. 2. Clearing that is done — (a) in the implementation of a proposal in accordance with an implementation agreement or decision; or (b) in the case of a proposal that — (i) was made under an assessed scheme; and (ii) because of section 48I(2), was not referred to the Authority, in the implementation of the proposal in accordance with a subdivision approval, a development approval or a planning approval given by the responsible authority; or (c) in accordance with — (i) a prescribed standard; or (ii) a works approval; or (iii) a licence; or (iv) a requirement contained in a closure notice, an environmental protection notice or a prevention notice; or (v) an approved policy; or (vi) a declaration under section 6; or (vii) an exemption under section 75; or (viii) a licence, permit, approval or exemption granted, issued or given under the regulations; or (d) in the exercise of any power conferred under this Act. 3. Clearing in the performance of functions that the CEO, as defined in the *Conservation and Land Management Act 1984* section 3, has under section 33(1)(a) or (aa) of that Act. 4. Clearing consisting of the taking of flora — (a) as authorised by a licence under the *Biodiversity Conservation Act 2016*; or (b) as authorised by an authorisation under the *Biodiversity Conservation Act 2016* section 40; or (c) by a person referred to in the *Biodiversity Conservation Act 2016* section 171(2) for the purposes of supply in accordance with a licence under that Act. [**5, 6.** deleted] 7. Clearing under the *Forest Products Act 2000*, of vegetation maintained, or established and maintained, under section 10(1)(g) of that Act. 8. Clearing under a production contract or road contract entered into and having effect under the *Forest Products Act 2000*. 9. Clearing in accordance with a subdivision approval given by the responsible authority under the *Planning and Development Act 2005*, including — (a) clearing for the purposes of any development that is deemed by section 157 of that Act to have been approved by the responsible authority; and (b) clearing in any building envelope described in the approved plan or diagram. 10. Clearing that is done — (a) as permitted under section 17(5); or (b) in accordance with a permit obtained under section 18; or (c) in accordance with an exemption granted under section 22C; or (d) under section 22(2), 23, 26A, 39(1)(d) or 44(1)(c); or (e) as authorised by a proclamation under section 26; or (f) to comply with a notice given under section 33(1); or (g) as authorised under section 36(b), of the *Bush Fires Act 1954*. 10A. Clearing that is done by a local government under the *Bush Fires Act 1954* section 33(4) if the person who is given a notice mentioned in item 10(f) fails to comply with it. 10B. Clearing that is done by the occupier of land, or an energy operator, under the *Energy Operators (Powers) Act 1979* section 54. 11. Clearing that is done under section 34(a), (c) or (h) of the *Fire Brigades Act 1942.* 12. Clearing that is done for fire prevention or control purposes or other fire management works on Crown land, within the meaning of the *Land Administration Act 1997*, by the FES Commissioner as defined in the *Fire and Emergency Services Act 1998* section 3. 13. Clearing caused by the grazing of stock on land under a pastoral lease or diversification lease within the meaning of the *Land Administration Act 1997* as long as that grazing is not in breach of — (a) that Act; or (b) the pastoral lease or diversification lease; or (c) in the case of a pastoral lease — any relevant condition set, determination made or direction given by the Pastoral Lands Board under Part 7 of that Act. 14. Clearing of aquatic vegetation that occurs under the authority of a licence or permit within the meaning of the *Fish Resources Management Act 1994*. 15. Clearing that is done by the owner or occupier of land to comply with a notice given under the *Local Government Act 1995* section 3.25(1) in respect of something prescribed in Schedule 3.1 Division 1 item 5A, 8 or 9 of that Act. 16. Clearing that is done by a local government under the *Local Government Act 1995* section 3.26 if the person who is given a notice mentioned in item 15 fails to comply with it. [Schedule 6 inserted: No. 54 of 2003 s. 116; amended: No. 38 of 2005 s. 15; No. 25 of 2009 s. 20; No. 22 of 2012 s. 123; No. 24 of 2016 s. 314(5); No. 40 of 2020 s. 110(1), (3) and (4)-(6); No. 4 of 2023 s. 121.] Schedule 7 — Appeals Convenor [s. 107A] [Heading inserted: No. 54 of 2003 s. 104.] 1. Term of office Subject to clause 3, the Appeals Convenor holds office for a term, not exceeding 5 years, fixed by the instrument of appointment, and is eligible for reappointment. [Clause 1 inserted: No. 54 of 2003 s. 104.] 2. Salary and entitlements (1) The Appeals Convenor — (a) is to be paid salary and allowances at a rate per year determined by the Minister on the recommendation of the Public Sector Commissioner; and (b) has the same annual leave, sick leave and long service leave entitlements as a permanent officer of the Public Service. (2) Subclause (1)(a) has effect subject to the *Salaries and Allowances Act 1975* if that Act applies to the Appeals Convenor. [Clause 2 inserted: No. 54 of 2003 s. 104; amended: No. 39 of 2010 s. 89.] 3. Resignation and removal from office (1) The Appeals Convenor may resign office by written notice delivered to the Governor. (2) The Governor may remove the Appeals Convenor from office — (a) for — (i) misbehaviour or incompetence; or (ii) mental or physical incapacity, other than temporary illness, impairing the performance of the Appeals Convenor’s functions; or (b) if the Appeals Convenor is, according to the *Interpretation Act 1984* section 13D, a bankrupt or a person whose affairs are under insolvency laws. (3) In subclause (2)(a) — misbehaviour includes behaving in a manner that renders the Appeals Convenor unfit to hold office even if the conduct does not relate to any function of the office of Appeals Convenor. [Clause 3 inserted: No. 54 of 2003 s. 104; amended: No. 18 of 2009 s. 35.] 4. Appointment of public service officer (1) A person who held office in the Public Service (previous office) immediately before being appointed as Appeals Convenor — (a) retains existing and accruing superannuation and leave entitlements as if service as the Appeals Convenor were a continuation of service in the previous office; and (b) if the person ceases to hold office as the Appeals Convenor on the completion of a periodical appointment, is entitled to be appointed to an office in the Public Service not lower in classification and salary than the previous office (as long as the person is at that time eligible to hold such an office in the Public Service). (2) A person appointed to an office in the Public Service under subclause (1)(b) retains existing and accruing superannuation and leave entitlements as if service in the Public Service were a continuation of service as the Appeals Convenor. [Clause 4 inserted: No. 54 of 2003 s. 104; amended: No. 40 of 2020 s. 111(1).] 5. Other conditions of service The Governor may, on the recommendation of the Public Sector Commissioner, determine any other terms and conditions of service to apply to the Appeals Convenor. [Clause 5 inserted: No. 54 of 2003 s. 104; amended: No. 39 of 2010 s. 89.] ![dline]() Notes This is a compilation of the *Environmental Protection Act 1986* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | *Environmental Protection Act 1986* | 87 of 1986 | 10 Dec 1986 | s. 1 and 2: 10 Dec 1986; Act other than s. 1 and 2: 20 Feb 1987 (see s. 2 and *Gazette* 20 Feb 1987 p. 440) | | *Acts Amendment (Public Service) Act 1987* s. 32 | 113 of 1987 | 31 Dec 1987 | 16 Mar 1988 (see s. 2 and *Gazette* 16 Mar 1988 p. 813) | | *Financial Administration Legislation Amendment Act 1993* s. 11 | 6 of 1993 | 27 Aug 1993 | 1 Jul 1993 (see s. 2(1)) | | *Environmental Protection Amendment Act 1993* 7 | 34 of 1993 | 16 Dec 1993 | s. 1 and 2: 16 Dec 1993; Act other than s. 1 and 2: 14 Jan 1994 (see s. 2 and *Gazette* 14 Jan 1994 p. 69) | | *Acts Amendment (Public Sector Management) Act 1994* s. 19 | 32 of 1994 | 29 Jun 1994 | 1 Oct 1994 (see s. 2 and *Gazette* 30 Sep 1994 p. 4948) | | *Statutes (Repeals and Minor Amendments) Act 1994* s. 4 | 73 of 1994 | 9 Dec 1994 | 9 Dec 1994 (see s. 2) | | *Planning Legislation Amendment Act (No. 2) 1994* s. 46(1) and (6) | 84 of 1994 | 13 Jan 1995 | 1 Mar 1995 (see s. 2 and *Gazette* 21 Feb 1995 p. 567) | | *Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995* s. 188 | 73 of 1995 | 27 Dec 1995 | 1 Jan 1996 (see s. 2(2) and *Gazette* 29 Dec 1995 p. 6291) | | **Reprint of the *Environmental Protection Act 1986* as at 7 Mar 1996** (includes amendments listed above) | | | | | *Local Government (Consequential Amendments) Act 1996* s. 4 | 14 of 1996 | 28 Jun 1996 | 1 Jul 1996 (see s. 2) | | *Planning Legislation Amendment Act 1996* Pt. 3 | 23 of 1996 | 11 Jul 1996 | 4 Aug 1996 (see s. 2 and *Gazette* 2 Aug 1996 p. 3615) | | *Financial Legislation Amendment Act 1996* s. 64 | 49 of 1996 | 25 Oct 1996 | 25 Oct 1996 (see s. 2(1)) | | *Acts Amendment (Assemblies and Noise) Act 1996* Pt. 3 | 50 of 1996 | 31 Oct 1996 | 4 Dec 1996 (see s. 2 and *Gazette* 3 Dec 1996 p. 6695) | | *Transfer of Land Amendment Act 1996* s. 153(1) | 81 of 1996 | 14 Nov 1996 | 14 Nov 1996 (see s. 2(1)) | | *Acts Amendment (Land Administration) Act 1997* Pt. 25 | 31 of 1997 | 3 Oct 1997 | 30 Mar 1998 (see s. 2 and *Gazette* 27 Mar 1998 p. 1765) | | *Statutes (Repeals and Minor Amendments) Act 1997* s. 54 | 57 of 1997 | 15 Dec 1997 | 15 Dec 1997 (see s. 2(1)) | | *Environmental Protection Amendment Act 1998* 8 | 14 of 1998 | 21 May 1998 | s. 1‑3, 21, 26, 27, 29, 32‑34, 36 and 37: 21 May 1998 (see s. 2(1)); s. 20: 1 Jul 1998 (see s. 2(2) and *Gazette* 26 Jun 1998 p. 3369); s. 4, 6‑9, 11, 12 and 14 (to the extent that it inserts Pt. VIA heading, Div. 3 and 4 headings and s. 99Q‑99X and 99Z‑99ZB), 15‑19, 22‑25, 28, 30, 31 and 35: 1 Jul 1998 (see s. 2(3) and *Gazette* 26 Jun 1998 p. 3369); s. 10, 13 and 14 (to the extent that it inserts Div. 1 and 2 headings and s. 99A‑99P and 99Y): 8 Jan 1999 (see s. 2(3) and *Gazette* 8 Jan 1999 p. 35); s. 5: 10 Sep 2005 (see s. 2(3) and *Gazette* 9 Sep 2005 p. 4155) | | **Reprint of the *Environmental Protection Act 1986* as at 16 Apr 1999** (includes amendments listed above except those in the *Environmental Protection Amendment Act 1998* s. 5) | | | | | *Midland Redevelopment Act 1999* s. 71 | 38 of 1999 | 11 Nov 1999 | 1 Jan 2000 (see s. 2 and *Gazette* 31 Dec 1999 p. 7059) | | **Reprint of the *Environmental Protection Act 1986* as at 7 Jul 2000** (includes amendments listed above except those in the *Environmental Protection Amendment Act 1998* s. 5) | | | | | *Rights in Water and Irrigation Amendment Act 2000* s. 84 | 49 of 2000 | 28 Nov 2000 | 10 Jan 2001 (see s. 2 and *Gazette* 10 Jan 2001 p. 163) | | *Criminal Property Confiscation (Consequential Provisions) Act 2000* s. 13(1) 9 | 69 of 2000 | 6 Dec 2000 | 1 Jan 2001 (see s. 2 and *Gazette* 29 Dec 2000 p. 7903) | | *Hope Valley‑Wattleup Redevelopment Act 2000* s. 37 | 77 of 2000 | 7 Dec 2000 | 1 Jan 2001 (see s. 2 and *Gazette* 29 Dec 2000 p. 7904) | | *Corporations (Consequential Amendments) Act 2001* Pt. 23 | 10 of 2001 | 28 Jun 2001 | 15 Jul 2001 (see s. 2 and *Gazette* 29 Jun 2001 p. 3257 and Cwlth *Gazette* 13 Jul 2001 No. S285) | | *Armadale Redevelopment Act 2001* s. 69 | 25 of 2001 | 26 Nov 2001 | 23 Mar 2002 (see s. 2 and *Gazette* 22 Mar 2002 p. 1651) | | **Reprint of the *Environmental Protection Act 1986* as at 11 Jan 2002** (includes amendments listed above except those in the *Environmental Protection Amendment Act 1998* s. 5 and the *Armadale Redevelopment Act 2001*) | | | | | *Environmental Protection Amendment Act 2003* 10-14 | 54 of 2003 (as amended by No. 8 of 2009 s. 54) | 20 Oct 2003 | s. 1 and 2: 20 Oct 2003; Act other than s. 1, 2, 37, 54(2), 55, 72(2) and (4), 75(3) and (4) and Pt. 9: 19 Nov 2003 (see s. 2 and *Gazette* 18 Nov 2003 p. 4723); s. 37, 54(2), 55, 72(2) and (4), 75(3) and (4) and Pt. 9: 8 Jul 2004 (see s. 2 and *Gazette* 30 Jun 2004 p. 2581) | | *Contaminated Sites Act 2003* s. 100 | 60 of 2003 (as amended by No. 40 of 2005 s. 13) | 7 Nov 2003 | 1 Dec 2006 (see s. 2 and *Gazette* 8 Aug 2006 p. 2899) | | *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) | | *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 and 82 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction: *Gazette* 7 Jan 2005 p. 53)) | | **Reprint 5: The *Environmental Protection Act 1986* as at 16 Sep 2005** (includes amendments listed above except those in the *Contaminated Sites Act 2003*) | | | | | *Planning and Development (Consequential and Transitional Provisions) Act 2005* s. 15 | 38 of 2005 | 12 Dec 2005 | 9 Apr 2006 (see s. 2 and *Gazette* 21 Mar 2006 p. 1078) | | *Machinery of Government (Miscellaneous Amendments) Act 2006* Pt. 7 Div. 2 | 28 of 2006 | 26 Jun 2006 | 1 Jul 2006 (see s. 2 and *Gazette* 27 Jun 2006 p. 2347) | | *Financial Legislation Amendment and Repeal Act 2006* s. 4 and Sch. 1 cl. 59 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) | | *Waste Avoidance and Resource Recovery Act 2007* Sch. 4 cl. 2(1), (2), (4) and (5) 15 | 36 of 2007 | 21 Dec 2007 | Sch. 4 cl. 2(1), (2) and (4): 9 Jan 2008 (see s. 2(b) and *Gazette* 8 Jan 2008 p. 33); Sch. 4 cl. 2(5): 1 Jul 2008 (see s. 2(b) and *Gazette* 20 Jun 2008 p. 2705) | | *Water Resources Legislation Amendment Act 2007* s. 194 | 38 of 2007 | 21 Dec 2007 | 1 Feb 2008 (see s. 2(2) and *Gazette* 31 Jan 2008 p. 251) | | **Reprint 6: The *Environmental Protection Act 1986* as at 11 Apr 2008** (includes amendments listed above, except those in the *Waste Avoidance and Resource Recovery Act 2007* Sch. 4 cl. 2(5)) | | | | | *Statutes (Repeals and Miscellaneous Amendments) Act 2009* s. 53 | 8 of 2009 | 21 May 2009 | 22 May 2009 (see s. 2(b)) | | *Acts Amendment (Bankruptcy) Act 2009* s. 35 | 18 of 2009 | 16 Sep 2009 | 17 Sep 2009 (see s. 2(b)) | | *Bush Fires Amendment Act 2009* s. 20 | 25 of 2009 | 17 Nov 2009 | 1 Dec 2009 (see s. 2(b) and *Gazette* 1 Dec 2009 p. 4829) | | *Approvals and Related Reforms (No. 3) (Crown Land) Act 2010* Pt. 4 | 8 of 2010 | 3 Jun 2010 | 18 Sep 2010 (see s. 2(b) and *Gazette* 17 Sep 2010 p. 4757) | | *Standardisation of Formatting Act 2010* s. 4 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | | *Approvals and Related Reforms (No. 4) (Planning) Act 2010* Pt. 2 Div. 2 Subdiv. 1 | 28 of 2010 | 19 Aug 2010 | 22 Nov 2010 (see s. 2(b) and *Gazette* 19 Nov 2010 p. 5709) | | *Public Sector Reform Act 2010* s. 89 | 39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) | | *Approvals and Related Reforms (No. 1) (Environment) Act 2010* | 40 of 2010 | 28 Oct 2010 | Pt. 1 other than s. 3: 28 Oct 2010 (see s. 2(a)); Act other than Pt. 1 heading, s. 1 and 2: 26 Nov 2010 (see s. 2(b) and *Gazette* 23 Nov 2010 p. 5851) | | *Environmental Protection Amendment Act 2010* | 48 of 2010 | 24 Nov 2010 | s. 1 and 2: 24 Nov 2010 (see s. 2(a)); Act other than s. 1 and 2: 25 Nov 2010 (see s. 2(b)) | | **Reprint 7: The *Environmental Protection Act 1986* as at 11 Feb 2011** (includes amendments listed above) | | | | | *Metropolitan Redevelopment Authority Act 2011* s. 137 | 45 of 2011 | 12 Oct 2011 | 31 Dec 2011 (see s. 2(b) and *Gazette* 30 Dec 2011 p. 5573) | | *Agricultural Practices (Disputes) Repeal Act 2011* s. 4 | 54 of 2011 | 9 Nov 2011 | 7 Dec 2011 (see note under s. 1) | | *Road Traffic Legislation Amendment Act 2012* Pt. 4 Div. 20 | 8 of 2012 | 21 May 2012 | 27 Apr 2015 (see s. 2(d) and *Gazette* 17 Apr 2015 p. 1371) | | *Fire and Emergency Services Legislation Amendment Act 2012* Pt. 7 Div. 6 | 22 of 2012 | 29 Aug 2012 | 1 Nov 2012 (see s. 2(b) and *Gazette* 31 Oct 2012 p. 5255) | | *Water Services Legislation Amendment and Repeal Act 2012* s. 211 | 25 of 2012 | 3 Sep 2012 | 18 Nov 2013 (see s. 2(b) and *Gazette* 14 Nov 2013 p. 5028) | | **Reprint 8: The *Environmental Protection Act 1986* as at 17 May 2013** (includes amendments listed above except those in the *Water Services Legislation Amendment and Repeal Act 2012* and the *Road Traffic Legislation Amendment Act 2012*) | | | | | *Environmental Protection Amendment (Validation) Act 2014* | 27 of 2014 | 27 Nov 2014 | 27 Nov 2014 (see s. 2) | | *Biodiversity Conservation Act 2016* s. 314 | 24 of 2016 | 21 Sep 2016 | 1 Jan 2019 (see s. 2(b) and *Gazette* 14 Sep 2018 p. 3305) | | **Reprint 9: The *Environmental Protection Act 1986* as at 4 May 2018** (includes amendments listed above except those in the *Biodiversity Conservation Act 2016* s. 314) | | | | | *Strata Titles Amendment Act 2018* Pt. 3 Div. 6 | 30 of 2018 | 19 Nov 2018 | 1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2) | | *Community Titles Act 2018* Pt. 14 Div. 8 | 32 of 2018 | 19 Nov 2018 | 30 Jun 2021 (see s. 2(b) and SL 2021/69 cl. 2) | | *Planning and Development Amendment Act 2020* Pt. 6 Div. 2 and Pt. 7 Div. 2 16 | 26 of 2020 (as amended by No. 40 of 2020 s. 117) | 7 Jul 2020 | Pt. 6 Div. 2: 1 Aug 2023 (see s. 2(1)(b) and SL 2023/107 cl. 2); Pt. 7 Div. 2: 1 Mar 2024 (see s. 2(1)(b) and SL 2024/16 cl. 2) | | *Environmental Protection Amendment Act 2020* Pt. 2 (other than s. 4(2), (4) and (10), 34, 42, 59, 60, 63, 65‑68, 71, 72, 83, 86, 87, 88(1), 92, 98, 104, 105, 106(3), 108(7), 110(2) and 112) 17 | 40 of 2020 | 19 Nov 2020 | s. 3, 5‑8, 10, 13, 14, 24, 32, 35, 36, 37(1), 58, 73‑76, 80‑82, 93, 94, 96, 99, 101, 106(4)‑(6), 107, 108(1)‑(6) and (8)‑(11), 110(4)‑(6) and 111: 3 Feb 2021 (see s. 2(1)(e) and SL 2021/12 cl. 2); s. 4(1), (3), (5) and (7)‑(9), 9, 11, 12, 15‑23, 25‑31, 33, 37(2), 38‑41, 43‑57, 61, 62, 64, 69, 70, 77‑79, 84, 85, 88(2), 89‑91, 95, 97, 100, 102, 103, 106(1) and (2), 109 and 110(1) and (3): 23 Oct 2021 (see s. 2(1)(e) and SL 2021/176 cl. 2); s. 4(6): 1 Mar 2024 (see s. 2(1)(b)(i)) | | *Environmental Protection Amendment Act (No. 2) 2020* s. 4 | 41 of 2020 | 19 Nov 2020 | 3 Feb 2021 (see s. 2(1)(b) and SL 2021/12 cl. 2) | | *Swan Valley Planning Act 2020* Pt. 10 Div. 3 | 45 of 2020 | 9 Dec 2020 | Pt. 10 Div. 3 (other than s. 103): 1 Aug 2021 (see s. 2(1)(e) and SL 2021/124 cl. 2); s. 103: 1 Aug 2023 (see s. 2(1)(c)(ii) and SL 2023/107 cl. 2) | | *Aboriginal Cultural Heritage Act 2021* s. 348 | 27 of 2021 | 22 Dec 2021 | 1 Jul 2023 (see s. 2(e) and SL 2023/40 cl. 2(b)) | | *Land and Public Works Legislation Amendment Act 2023* Pt. 4 Div. 4 | 4 of 2023 | 24 Mar 2023 | 10 Aug 2023 (see s. 2(b) and SL 2023/132 cl. 2) | | *Directors’ Liability Reform Act 2023* Pt. 3 Div. 24 | 9 of 2023 | 4 Apr 2023 | 5 Apr 2023 (see s. 2(j)) | | *Aboriginal Heritage Legislation Amendment and Repeal Act 2023* s. 28 | 23 of 2023 | 24 Oct 2023 | 15 Nov 2023 (see s. 2(d) and SL 2023/161 cl. 2) | | *Planning and Development Amendment Act 2023* Pt. 5 Div. 2 | 34 of 2023 | 11 Dec 2023 | 1 Mar 2024 (see s. 2(d)) | | *Environmental Protection Amendment Act 2024* Pt. 1‑3, Pt. 4 (other than Div. 1 Subdiv. 2), Pt. 5 and Pt. 6 Div. 1 | 36 of 2024 | 22 Oct 2024 | Pt. 1: 22 Oct 2024 (see s. 2(1)(a)); Pt. 2 and 3, Pt. 4 Div. 2 and 3, Pt. 5 and Pt. 6 Div. 1: 23 Oct 2024 (see s. 2(1)(e)); Pt. 4 Div. 1 Subdiv. 1 and Div. 4: 28 Nov 2024 (see s. 2(1)(b) and (d) and SL 2024/239 cl. 2) | | *State Development Act 2025* Pt. 8 Div. 2 | 21 of 2025 | 19 Dec 2025 | 19 Feb 2026 (see s. 2(e) and SL 2026/13 cl. 2) | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | *Waste Avoidance and Resource Recovery Act 2007* Sch. 4 cl. 2(3) | 36 of 2007 | 21 Dec 2007 | To be proclaimed (see s. 2(b)) | | *Aquatic Resources Management Act 2016* s. 366 | 53 of 2016 | 29 Nov 2016 | To be proclaimed (see s. 2(b)) | | *Environmental Protection Amendment Act 2020* s. 4(2), (4) and (10), 34, 42, 59, 60, 63, 65‑68, 71, 72, 83, 86, 87, 88(1), 92, 98, 104, 105, 106(3), 108(7), 110(2) and 112 17 | 40 of 2020 | 19 Nov 2020 | s. 59: on the day on which s. 83 comes into operation (see s. 2(1)(c)); s 4(2), (4) and (10), 34, 42, 60, 63, 65‑68, 71, 72, 83, 86, 87, 88(1), 92, 98, 104, 105, 106(3), 108(7), 110(2) and 112: to be proclaimed (see s. 2(1)(e)) | | *Environmental Protection Amendment Act (No. 2) 2020* s. 5 | 41 of 2020 | 19 Nov 2020 | Immediately after the *Environmental Protection Amendment Act 2020* s. 92 comes into operation (see s. 2(1)(c)) | | *Environmental Protection Amendment Act 2024* Pt. 4 Div. 1 Subdiv. 2 | 36 of 2024 | 22 Oct 2024 | Immediately after the *Environmental Protection Amendment Act 2020* s. 60 comes into operation (see s. 2(1)(c)(i)) | Other notes 1 Footnote no longer applicable. 2 Repealed by the *Acts Amendment and Repeal (Environmental Protection) Act 1986*. 3 Act No. 77 of 1986. 4 Footnote no longer applicable. 5 Deleted by the *Acts Amendment and Repeal (Environmental Protection) Act 1986* s. 32. 6 Repealed by the *Acts Amendment (Occupational Health, Safety and Welfare) Act 1987*. 7 The *Environmental Protection Amendment Act 1993* s. 5(2), (3) and (4) are transitional provisions that are of no further effect.