Acts Amendment and Repeal (Environmental Protection) Act 1986 (WA)

WESTERN AUSTRALIA

ACTS ENDMENT AND REPEAL

(ENVIRONMENTAL PROTECTION)

ACT

No. 77 of 1986

AN ACT to amend the Fisheries Act 1905, the Mines Regulation Act 1946, the Mining Act 1978, the Noise Abatement Act 1972, the Rights in Water and Irrigation Act 1914, the State Planning Commission Act 1985, the Town Planning and Development Act 1928, the Waterways Conservation Act 1976 and the Western Australian Water Resources Council Act 1982 and to repeal the Clean Air Act 1964 and the Environmental Protection Act 1971.

[Assented to 4 December 1986]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Acts Amendment and Repeal

(Environmental Protection) Act 1986.

No. 77] Acts Amendment and Repeal (Environmental

[1986

Protection) Act

Commencement

2. The provisions of this Act shall come into operation on such day

as is, or days as are respectively, fixed by proclamation.

PART II—FISHERIES ACT 1905

Section 26A amended

3. Section 26A of the Fisheries Act 1905* is amended in subsection

(3) by deleting "the Director of Environmental Protection"—

(a)	where it occurs for the first time and substituting the following-

" the Chief Executive Officer within the meaning of the

Environmental Protection Act 1986 "; and

(b)	where it occurs for the second time and substituting the following-

" that Chief Executive Officer ".

[*Reprinted as approved 15 March 1976 and amended by Acts Nos. 60

of 1979, 73 of 1981, 70 of 1982, 112 of 1984, and 57 and 98 of 1985.]

PART III—MINES REGULATION ACT 1946

Principal Act

4. In this Part, the Mines Regulation Act 1946* is referred to as the

principal Act.

[*Reprinted as authorized 15 October 1979 and amended by Acts Nos.

28 and 88 of 1984, and 5, 41 and 109 of 1985.]

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Acts Amendment and Repeal (Environmental [No. 77

Protection) Act

Section 23C amended

5. Section 23C of the principal Act is amended in subsection (2) (c)

by deleting subparagraph (iii) and substituting the following

subparagraph-

" (iii) one shall be a scientific officer appointed within the meaning of section 22 (1), or engaged under a contract for services within the meaning of section 23 (1), of the Environmental Protection Act 1986, and nominated by the Chief Executive Officer within the meaning of that Act; ".

Section 23D amended

6. Section 23D of the principal Act is amended in subsection (1) (f)

by deleting "under the Clean Air Act, 1964" and substituting the

following-

" within the meaning of section 22 (1) of the Environmental

Protection Act 1986 ".

PART IV—MINING ACT 1978

Principal Act

7. In this Part, the Mining Act 1978* is referred to as the principal

Act.

[*Reprinted as approved 11 December 1981 and amended by Acts Nos.

10 and 122 of 1982, 52 of 1983, 100 of 1985 and 1 of 1986.]

Section 6 amended

8. Section 6 of the principal Act is amended by deleting "1971" and

substituting the following-

" 1986 ".

Section 25 amended

Section 25 of the principal Act is amended in subsection (2) (b) by

deleting "for Conservation and the Environment" and substituting the

following-

" to whom the administration of the Environmental Protection Act

1986 is for the time being committed by the Governor ".

No. 77] Acts Amendment and Repeal (Environmental

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Protection) Act

PART V—NOISE ABATEMENT ACT 1972

Principal Act

10. In this Part, the Noise Abatement Act 1972* is referred to as the

principal Act.

[*Reprinted as approved 21 January 1982 and amended by Acts Nos.

28 of 1984 and 41 of 1985.]

Long title amended

11. The long title of the principal Act is amended by inserting after

"and vibration" the following-

" in relation to occupational health, safety and welfare ".

Section 5 amended

12. Section 5 of the principal Act is amended

(a) in subsection (1)-

(i) by deleting "(1)";

(ii) by deleting the definitions of "abatement notice", "Advisory Committee", "alarm", "district", "inspector", "nuisance order", "section" and "the local authority";

(iii) in the definition of "occupier" by deleting "Part IVA of this Act and in"; and

(iv) by inserting after the definition of "owner" the following definition

" "workplace inspector" means workplace inspector

appointed under section 34 (1). ";

and

(b) by repealing subsection (2).

Section 7 amended

13. Section 7 of the principal Act is amended in subsection (2) by

deleting "or from which the nuisance emanates,".

1986]

Acts Amendment and Repeal (Environmental [No. 77

Protection) Act

Section 8 amended

14. Section 8 of the principal Act is amended in subsection (2) by

deleting "an inspector" and substituting the following-

" a workplace inspector ".

Section 12 amended

15. Section 12 of the principal Act is amended in subsection (1) by

(a)	inserting "and" after "and vibration;" in paragraph (d);
(b)	deleting "; and" at the end of paragraph (e) and substituting a full stop; and

Sections 13 to 22 repealed

16. Sections 13 to 22 of the principal Act are repealed.

Section 23 amended

17. Section 23 of the principal Act is amended by deleting paragraphs (f), (g) and (i).

Sections 24 and 25 repealed

18. Sections 24 and 25 of the principal Act are repealed.

Parts IV and IVA repealed

19. (1) Part IV of the principal Act is repealed.

(2) Part IVA of the principal Act is repealed.

No. 77] Acts Amendment and Repeal (Environmental

[1986

Protection) Act

Section 34 amended

20. Section 34 of the principal Act is amended

(a) in subsection (1) by deleting-

(i) "an inspector of a prescribed class" and substituting the following-

" a workplace inspector "; and

(ii) "an inspector of that class" and substituting the following-

" a workplace inspector ";

(b) in subsection (2) by deleting "an inspector of a prescribed class" and substituting the following-

" a workplace inspector "; and

(i) by inserting after "appointment of the" the following-

" workplace "; and

(ii) by deleting "an inspector of the prescribed class concerned" and substituting the following-

" a workplace inspector ".

Section 35 amended

21. Section 35 of the principal Act is amended

(a)	in subsection (1) by deleting "member of the Advisory Committee or any inspector" and substituting the following-

" workplace inspector "; and

(b)

in subsection (3) by deleting "member of the Advisory Committee or" and substituting the following-

" workplace ".

1986]

Acts Amendment and Repeal (Environmental [No. 77

Protection) Act

Section 36 amended

22. Section 36 of the principal Act is amended by deleting

(a)

"member of the Advisory Committee or any" and substituting " workplace "; and

(b)	"member or" and substituting the following- " workplace ".

Section 37 amended

23. Section 37 of the principal Act is amended by deleting "an

inspector" and substituting the following-

" a workplace inspector ".

Section 40 amended

24. Section 40 of the principal Act is amended

(a)	in subsection (1) by deleting "member of the Advisory Committee or any" and substituting the following-

" workplace "; and

(b)	in subsection (5) (a) by deleting "the Advisory Committee and every person who is, becomes or has been a member of the Advisory Committee," and substituting the following-

" every person who is, becomes or has been an ".

Section 45 repealed

25. Section 45 of the principal Act is repealed.

Section 46 repealed and substituted

26. Section 46 of the principal Act is repealed and the following

section is substituted -

Prosecutions

46. A prosecution for an offence against this Act may be

instituted by a workplace inspector or by any person authorized by

the Minister. ".

No. 77] Acts Amendment and Repeal (Environmental

[1986

Protection) Act

Section 47 amended

27. Section 47 of the principal Act is amended in subsection (1) by

deleting "or of the secretary to the local authority".

Section 48 amended

28. Section 48 of the principal Act is amended in subsection (2) by

deleting

(a)	paragraphs (a) and (la); and
(b)	"sections 8 and 12" in paragraph (g) and substituting the following-

" section 8 ".

Saving

29. Nothing in this Part affects or prevents the continued operation

of any regulations made under the principal Act before the coming into operation of this section, or affects or prevents the amendment or repeal of any such regulations, which relate to the appointment of workplace inspectors, hearing conservation in workplaces or any other matter relevant to occupational health, safety and welfare.

PART VI—RIGHTS IN WATER AND IRRIGATION ACT 1914

Principal Act

30. In this Part, the Rights in Water and Irrigation Act 1914* is

referred to as the principal Act.

[*Reprinted as approved 12 August 1974 and amended by Acts Nos. 48 of 1974, 100 of 1976, 76 and 98 of 1978, 63 of 1981, 119 of 1984, and 25, 109 and 110 of 19851

Long title amended

31. The long title of the principal Act is amended by deleting "the Prevention of the Pollution of Waters, the Control of the Disposal of Waste and Industrial Effluent,".

Part IIIA repealed

32. Part IIIA of the principal Act is repealed.

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Acts Amendment and Repeal (Environmental [No. 77

Protection) Act

PART WI—STATE PLANNING COMMISSION ACT 1985

Section 25 amended

33.

Section 25 of the State Planning Commission Act 1985* is

amended in subsection (1) (e) by deleting subparagraph (ii) and

substituting the following subparagraph-

" (ii) the Chief Executive Officer within the meaning of the Environmental Protection Act 1986 or a person nominated in writing by him; ".

[*Act No. 91 of 1985 as amended by Act No. 4 of 1986.]

PART VIII—TOWN PLANNING AND DEVELOPMENT ACT 1928

Section 20 amended

Section 20 of the Town Planning and Development Act 1928* is

amended in subsection (1) (a) by inserting after "Subject to" the

following-

34.

" section 68 of the Environmental Protection Act 1986, ".

[*Reprinted as approved 22 May 1980 and amended by Acts Nos. 107 of 1978, 72 of 1980, 79 of 1981, 73, 120 and 122 of 1982, 32 of 1983 and 7, 92 and 109 of 1985.]

PART DC—WATERWAYS CONSERVATION ACT 1976

Principal Act

35. In this Part, the Waterways Conservation Act 1976* is referred

to as the principal Act.

[*Act No. 131 of 1976 as amended by Acts Nos. 16 of 1980, 97 of 1982,

78 of 1984 and 98 of 1985.]

Section 3 amended

Section 3 of the principal Act is amended in the definition of "the Environmental Protection Authority" in subsection (1) by deleting "established pursuant to the Environmental Protection Act, 1971" and substituting the following-

36.

" continued in existence by the Environmental Protection Act

1986 ".

No. 77] Acts Amendment and Repeal (Environmental

[1986

Protection) Act

Section 5 amended

37. Section 5 of the principal Act is amended

(a)	in subsection (1) by deleting ", 1971, includes a reference to any matter contained in, or ratified or approved by, a declaration made pursuant to section thirty-nine" and substituting thefollowing -

1986 includes a reference to the provisions of an environmental protection policy approved under section 31 "; and

(b)	in subsection (2) (f) by deleting ", 1971" and substituting the following-

" 1986 ".

PART X—WESTERN AUSTRALIAN WATER RESOURCES COUNCIL ACT

1982

Section 4 amended

38. Section 4 of the Western Australian Water Resources Council

Act 1982* is amended in subsection (4)-

(a)	by inserting after paragraph (b) the following paragraph-

" (ba) the Chief Executive Officer within the meaning of the Environmental Protection Act 1986 or a person nominated in writing by him; ";

and

(b) by deleting paragraph (c) (iii).

(*Act No. 38 of 1982 as amended by Acts Nos. 2 of 1984 and 25 and 98

of 1985.]

PART XI—CLEAN AIR ACT 1964

Act repealed

39. The Clean Air Act 1964* is repealed.

[*Reprinted as approved 20 July 1983 and amended by Acts Nos. 28 of

1984 and 41 of 1985].

19861 Acts Amendment and Repeal (Environmental [No. 77

Protection) Act

PART XII—ENVIRONMENTAL PROTECTION ACT 1971

Act repealed

40. The Environmental Protection Act 1971 * is repealed.

[*Reprinted as approved 2 December 19811