Environmental Protection Amendment Regulations (No. 2) 2020 (WA)

2316 GOVERNMENT GAZETTE, WA 7 July 2020

ENVIRONMENT

EV301

Environmental Protection Act 1986

Environmental Protection Amendment

Regulations (No. 2) 2020

SL 2020/114

Made by the Governor in Executive Council.

1. Citation

Regulations 1987.

These regulations are the Environmental Protection Amendment

Regulations (No. 2) 2020.

2.   Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Environmental Protection

7 July 2020 GOVERNMENT GAZETTE, WA 2317

4. Regulation 2C replaced
Delete regulation 2C and insert:

2C.	Proposals of prescribed class (Act s. 38)
(1)	In this regulation -
existing petroleum authority area has the meaning given in the Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017 regulation 3A; hydraulic fracturing has the meaning given in the Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017 regulation 3; petroleum activity has the meaning given in the PGER Environment Regulations regulation 4; PGER Environment Regulations means the Petroleum and Geothermal Energy Resources (Environment) Regulations 2012.
(2)	For the purposes of section 38(5)(b) and (5c)(b) of the
Act a proposal is of a prescribed class if it involves a significant discharge of waste into the environment.
(3)	For the purposes of section 38(5)(b) and (5c)(b) of the
Act a proposal is of a prescribed class if it involves a significant emission of noise, odour or electromagnetic radiation into the environment.
(4)	For the purposes of section 38(5)(b) and (5c)(b) of the
Act a proposal is of a prescribed class if it involves a petroleum activity that -

(a) is the subject of—

(i) an environment plan submitted under

the PGER Environment Regulations

regulation 9; or

(ii) a revision of an environment plan

submitted under the PGER Environment
Regulations regulation 18, 19 or 20;

and

(b)	is to be carried out in an existing petroleum authority area; and
(c)	involves hydraulic fracturing.

R. NEILSON, Clerk of the Executive Council.