Environmental Protection Act 1986 (WA)

Western Australia

Western Australia

Environmental Protection Act 1986

An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing.

[Long title amended: No. 54 of 2003 s. 27.]

This Act may be cited as the Environmental Protection Act 1986.

The provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation.

• (1)

  In this Act, unless the contrary intention appears —

analysis means a test or examination of any matter, substance or process for the purpose of determining its composition or qualities or its effect (whether physical, chemical or biological) on any portion of the environment, or examination of emissions or recordings of noise to determine the level or other characteristics of noise or its effects on any portion of the environment;

analyst means an analyst appointed under section 94;

appeals committee means an appeals committee appointed under section 45(6) or 106;

Appeals Convenor means the Appeals Convenor appointed under section 107A;

applicant, in relation to an application for a works approval or licence, means the person applying for the works approval or licence;

approved policy means a draft policy approved under section 31(d);

approved proposal means a proposal the implementation of which is authorised under a Ministerial statement;

assessed scheme—

• (a)

  means a scheme which has been assessed under Division 3 of Part IV and in respect of which a statement has been delivered to the responsible authority under section 48F(2)(a);

• (aa)

  includes the first Swan Valley Planning Scheme submitted in accordance with the Swan Valley Planning Act 2020 section 44 and approved under section 25(2)(a) of that Act;

• (b)

  for the purposes of Part IV, includes a scheme —

• (ia)

  of a class prescribed by regulations made under section 48AAA(2); or

• (i)

  in respect of which the responsible authority has been informed under section 48A(1)(a); or

• (ii)

  in respect of which the responsible authority has not been informed under section 48A(1)(a), (b) or (c) within 28 days after the referral of that scheme to the Authority under the relevant scheme Act; or

• (iii)

  which is a local planning scheme, or an amendment to a local planning scheme, in respect of which sections 124, 125, 126 or 128 of the Planning and Development Act 2005 have been complied with to the extent, if any, necessary in relation to a region planning scheme, or an amendment to a region planning scheme, which amendment or scheme is a scheme referred to in paragraph (a) or subparagraph (i) or (ii); or

• (iv)

  which is a local planning scheme or a region planning scheme, or an amendment to a local planning scheme or…