Approvals and Related Reforms (No. 1) (Environment) Act 2010 (WA)

Western Australia

Approvals and Related Reforms (No. 1)

(Environment) Act 2010

Western Australia

Approvals and Related Reforms (No. 1)

(Environment) Act 2010

CONTENTS

Part 1 — Preliminary matters

1.	Short title	2
2.	Commencement	2
3.	Act amended	2
Part 2 — Appeals
Division 1 — Appeals in respect of proposals
4.	Section 45A amended	3
5.	Section 48F amended	3
6.	Section 100 amended	3
7.	Section 101 amended	4
8.	Section 106 amended	6
9.	Section 107 amended	6
Division 2 — Appeals in respect of clearing

permits

10.	Section 101A amended	6
Division 3 — Appeals in respect of works

approvals and licences

11.	Section 102 amended	7
Division 4 — Transitional provisions
12.	Part IX Division 1 heading inserted	8
Division 1 — Transitional provisions for

Environmental Protection Act 1986

13.

Part IX Division 2 inserted

Approvals and Related Reforms (No. 1) (Environment) Act 2010

Contents

Division 2 — Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part 2

129.	Term used: amending Act	8
130.	Appeals in respect of proposals	8
131.	Appeals in respect of clearing permits	9
132.	Appeals in respect of works approvals and
licences	9

Part 3 — Decisions about minor or

preliminary work that has

Authority’s consent

14.	Section 41 amended	10
15.	Section 51F amended	10
16.	Section 54 amended	10
17.	Section 57 amended	11
18.	Part IX Division 3 inserted	11
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

Western Australia

Approvals and Related Reforms (No. 1)

(Environment) Act 2010

No. 40 of 2010

An Act to amend the Environmental Protection Act 1986 and for related purposes.

[Assented to 28 October 2010]

The Parliament of Western Australia enacts as follows:

Approvals and Related Reforms (No. 1) (Environment) Act 2010

Part 1	Preliminary matters
s. 1
Part 1 — Preliminary matters

1. Short title

This is the Approvals and Related Reforms (No. 1)

(Environment) Act 2010.

2. Commencement

This Act comes into operation as follows —

(a)	Part 1 other than section 3 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3. Act amended

This Act amends the Environmental Protection Act 1986.

Approvals and Related Reforms (No. 1) (Environment) Act 2010

Appeals

Part 2

Appeals in respect of proposals

Division 1

s. 4

Part 2 — Appeals

Division 1 — Appeals in respect of proposals

4. Section 45A amended

(1)	In section 45A(2) delete “when a section 39B declaration is final,” and insert:

when the Minister is notified under section 39B(5)(b)

of a section 39B declaration,

(2)	Delete section 45A(4).

5. Section 48F amended

In section 48F(3)(a) delete “section 100(3a)(d); or” and insert:

section 100(3a)(c); or

6. Section 100 amended

(1)	In section 100(1):

(a)	in paragraph (a) delete “assessed;” and insert:

assessed, other than a decision that includes a

recommendation that the proposal be dealt with

under Part V Division 2; or

(b)	delete paragraphs (b) and (c);
(c)	in paragraph (e) delete “scheme; or” and insert:

scheme,

Approvals and Related Reforms (No. 1) (Environment) Act 2010

Part 2	Appeals
Division 1	Appeals in respect of proposals
s. 7

(d)	delete paragraph (f);
(e)	after paragraph (d) insert:

(2)	Delete section 100(2).
(3)	In section 100(3a):

(a)	in paragraph (a) delete “subsection (1)(a), (b), (c) or (f),” and insert:

subsection (1)(a),

(b)	delete paragraph (d) and “or” after it;
(c)	after each of paragraphs (a), (b) and (c) insert:

Note:	The heading to amended section 100 is to read:
Lodging of appeals in respect of proposals
7.	Section 101 amended

(1)	In section 101(1):

(a)	delete “section 100(1), (2)” and insert:

section 100(1)

(b)	in paragraph (b) delete “section 100(1)(a) or (b),” and insert:

section 100(1)(a),

Approvals and Related Reforms (No. 1) (Environment) Act 2010

Appeals

Part 2

Appeals in respect of proposals

Division 1

s. 7

(c)	in paragraph (c) delete “section 100(1)(a), (b) or (f),” and insert:

section 100(1)(a),

(d)	delete paragraph (da);
(e)	delete paragraph (dc);
(f)	after each of paragraphs (a), (b), (c), (d) and (db) insert:

(2)	In section 101(2) delete “(c), (d) or (dc)” and insert:
(c) or (d)
(3)	Delete section 101(2a), (2b) and (2c).
(4)	In section 101(3):

(a)

delete paragraph (a) and insert:

(a)	referred to in section 100(1)(a) does not affect the relevant decision; or

(b)

delete “subsection (1), (2c) or (2d).” and insert:

subsection (1) or (2d).

(c)	after each of paragraphs (b) and (c) insert:

Approvals and Related Reforms (No. 1) (Environment) Act 2010

Part 2	Appeals
Division 2	Appeals in respect of clearing permits
s. 8

8. Section 106 amended

In section 106(3) delete “section 101(2a) or (2d).” and insert:

section 101(2d).

9. Section 107 amended

In section 107(3) delete “section 101(2a) or (2d).” and insert:

section 101(2d).

Division 2 — Appeals in respect of clearing permits

10. Section 101A amended

(1)	In section 101A(1) delete “28 days” and insert:
21 days
(2)	In section 101A(2) delete “28 days” and insert:
21 days
(3)	In section 101A(3):

(a)	in paragraph (a) delete “refusal or”;
(b)	in paragraph (b) delete “amendment, revocation or suspension” and insert:

amendment

Approvals and Related Reforms (No. 1) (Environment) Act 2010

Appeals

Part 2

Appeals in respect of works approvals and licences

Division 3

s. 11

(c)	delete “refusal, specification, revocation, suspension or amendment” and insert:

specification or amendment

Division 3 — Appeals in respect of works approvals

and licences

11. Section 102 amended

In section 102(3):

(a)	in paragraph (a) delete “refusal or”;
(b)	in paragraph (b) delete “amendment, revocation or suspension” and insert:

amendment

(c)	delete “refusal, specification, revocation, suspension or amendment” and insert:

specification or amendment

Approvals and Related Reforms (No. 1) (Environment) Act 2010

Part 2	Appeals
Division 4	Transitional provisions
s. 12
Division 4 — Transitional provisions

12. Part IX Division 1 heading inserted

At the beginning of Part IX insert:

Division 1 — Transitional provisions for Environmental

Protection Act 1986

13. Part IX Division 2 inserted

After Part IX Division 1 insert:

Division 2 — Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part 2

129. Term used: amending Act

In this Division —

amending Act means the Approvals and Related

Reforms (No. 1) (Environment) Act 2010.

130. Appeals in respect of proposals

(1)

In this section —

former EP Act means the Environmental Protection

Act 1986 as in force immediately before the amending

Act Part 2 Division 1 comes into operation.

(2)

The former EP Act continues to apply in respect of a

decision of the Authority made before the day on

which the amending Act Part 2 Division 1 comes into

operation.

Approvals and Related Reforms (No. 1) (Environment) Act 2010

Appeals

Part 2

Transitional provisions

Division 4

s. 13

131. Appeals in respect of clearing permits

(1)

In this section —

former EP Act means the Environmental Protection

Act 1986 as in force immediately before the amending

Act Part 2 Division 2 comes into operation.

(2)

The former EP Act continues to apply in respect of a

decision of the CEO made before the day on which the

amending Act Part 2 Division 2 comes into operation.

132. Appeals in respect of works approvals and licences

(1)

In this section —

former EP Act means the Environmental Protection

Act 1986 as in force immediately before the amending

Act Part 2 Division 3 comes into operation.

(2)

The former EP Act continues to apply in respect of a

decision of the CEO made before the day on which the

amending Act Part 2 Division 3 comes into operation.

Approvals and Related Reforms (No. 1) (Environment) Act 2010

Part 3

Decisions about minor or preliminary work that has Authority’s

consent

Part 3 — Decisions about minor or preliminary work

that has Authority’s consent

14. Section 41 amended

After section 41(3) insert:

(4)	Subsections (2) and (3) do not apply to a decision in relation to a proposal if the effect of the decision would be to cause or allow the doing of minor or preliminary work to which the Authority has consented under section 41A(3).

15. Section 51F amended

After section 51F(1) insert:

(2A)	Subsection (1) does not apply if the application is for a clearing permit for the purpose of doing minor or preliminary work to which the Authority has consented under section 41A(3).

16. Section 54 amended

After section 54(4) insert:

(5A)	Subsection (4) does not apply if the application is for a works approval for the purpose of doing minor or preliminary work to which the Authority has consented under section 41A(3).

Approvals and Related Reforms (No. 1) (Environment) Act 2010

Decisions about minor or preliminary work that has Authority’s

Part 3

consent

s. 17

17. Section 57 amended

After section 57(4) insert:

(4AA)

Subsection (4) does not apply if the application is for a

licence for the purpose of doing minor or preliminary

work to which the Authority has consented under

section 41A(3).

18. Part IX Division 3 inserted

At the end of Part IX insert:

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)

In this section —

amended EP Act means the Environmental Protection

Act 1986 as amended by the Approvals and Related

Reforms (No. 1) (Environment) Act 2010 Part 3.

(2)

The amended EP Act applies —

(a)

in respect of a proposal irrespective of when the and

(b)	in respect of an application irrespective of when the application was or is made to the CEO.