Environmental Protection Amendment Regulations (No. 2) 1997 (WA)

12 September 19971 GOVERNMENT GAZETTE, WA 5149

ENVIRONMENTAL PROTECTION

EP301

ENVIRONMENTAL PROTECTION ACT 1986

of Western Australia, Table 4, pp. 72-3.1

ENVIRONMENTAL PROTECTION AMENDMENT REGULATIONS

(No. 2) 1997

Made by the Governor in Executive Council on the recommendation of the

Environmental Protection Authority.

Citation

1.     These regulations may be cited as the Environmental Protection

Amendment Regulations (No. 2) 1997.

Principal regulations

2.      In these regulations the Environmental Protection Regulations 1987* are

referred to as the principal regulations.

[* Reprinted as at 4 December 1995.

For amendments to 26 August 1997 see 1996 Index to Legislation

5150 GOVERNMENT GAZETTE, WA [12 September 1997

Regulation 4 amended

S. Regulation 4 (1) of the principal regulations is amended by inserting before the definition of "category" the following definition -

"best practice criteria" means criteria specified by the Chief Executive Officer that require the establishment and implementation of -

(a)	an environmental policy;
(b)	environmental performance objectives;
(c)	continual improvement programmes;
(d)	environmental management and audit plans; and
(e)	other measures that the Chief Executive Officer

considers necessary for good environmental

performance and management;

Regulation SEA inserted

4.     After regulation 5E of the principal regulations the following regulation

is inserted -

Waiver of fee components where best practice criteria met

SEA. If, in respect of an application for a licence, the Chief Executive Officer is satisfied that the environmental performance and management of the premises to which the application relates conform to best practice criteria, the Chief Executive Officer is to waive any amount otherwise payable under regulation 5D (1) (b) or (c) in respect of the licence.

Regulation 511 amended

5.     After regulation 5H (2) of the principal regulations the following

subregulation is inserted -

(3) If—

a fee paid in respect of a licence comprised an amount

(a)	under regulation 5D (1) (b) or (c); and
(b)	the Chief Executive Officer determines during the term of that licence that the environmental performance and
management of the premises to which the licence relates conform to best practice criteria,

the Chief Executive Officer is to refund to the licensee an amount which bears the same proportion to the amount referred to in paragraph (a) as the unexpired portion of the term of licence (calculated from the day of

licence.	the determination referred to in paragraph (b)) bears to the term of the
12 September 1997] GOVERNMENT GAZETTE, WA 5151

Regulation MA inserted

6.      After regulation 51 of the principal regulations the following regulation is

inserted —

Best practice criteria as condition of licence

MA. For the purposes of section 62 (1) (h) of the Act the Chief	Executive Officer may specify as a condition of a licence that the
licensee is to comply with best practice criteria in relation to the environmental performance and management of the premises to which the licence relates.

Regulation 5J amended

7.     Regulation 5J (1) of the principal regulations is repealed and the

following subregulation is substituted —

(1) Despite regulation 5D and subject to subregulation (2), the fee

an application made after the commencement of the Environmental	prescribed for the purposes of section 57 (1) (b) of the Act in relation to
Protection Amendment Regulations (No. 2) 1997 for a licence —

(a)	that is to come into force before 1 October 1997 is two fifths of the fee that would otherwise apply under this Part; and
(b)	that is to come into force on or after 1 October 1997 but before 1 October 1998 is two thirds of the fee that would otherwise apply under this Part.

Schedule 1 amended

8.      Schedule 1 to the principal regulations is amended in Part 1 by deleting

categories 5 and 6 and substituting the following categories —

5	Processing or beneficiation of	50 000 tonnes or
metallic or non-metallic ore:	more per year
premises on which —

(a)	metallic or non-metallic ore is crushed, ground, milled or otherwise processed;
(b)	tailings from metallic or non-metallic ore are reprocessed; or
(c)	tailings or residue from metallic or non-metallic ore are discharged into a containment cell or dam.

6	Mine dewatering: premises on	50 000 tonnes or
which water is extracted and	more per year
discharged into the environment to allow mining of ore.

Recommended by the Environmental Protection Authority.

B. K BOWEN, Chairman.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.