Environmental Protection Amendment Regulations (No. 2) 2024 (WA)

Western Australia

Environmental Protection Act 1986

Environmental Protection Amendment Regulations (No. 2) 2024

Western Australia

Environmental Protection Amendment Regulations (No. 2) 2024 Contents Environmental Protection Act 1986

Environmental Protection Act 1986

Environmental Protection Amendment Regulations (No. 2) 2024

Made by the Governor in Executive Council.

1.Citation

These regulations are the Environmental Protection Amendment Regulations (No. 2) 2024.

2.Commencement

These regulations come into operation as follows —

• (a)

  regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

• (b)

  the rest of the regulations — on the day after that day.

3.Regulations amended

These regulations amend the Environmental Protection Regulations 1987.

4.Regulation 33B amended

• (1)

  In regulation 33B(1) insert in alphabetical order:

   

Bush Forever area means land identified as a Bush Forever area in accordance with the Metropolitan Region Scheme;

Metropolitan Region Scheme has the meaning given in the Planning and Development Act 2005 section 4(1);

• (2)

  In regulation 33B(2):

  • (a)

    in paragraph (b) delete the passage that begins with “error if —” and continues to the end of the paragraph and insert:

     

  error if the error is in, or otherwise relates to, a map, plan or diagram included in the scheme;

   
  • (b)

    after paragraph (c) insert:

     
  • (ca)

    an amendment to add land to a Bush Forever area;

     
  5.Regulation 33C amended
• (1)

  In regulation 33C(1) insert in alphabetical order:

   

development has the meaning given in the Planning and Development Act 2005 section 4(1);

local development plan has the meaning given in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 46;

scheme map has the meaning given in the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 3;

structure plan has the meaning given in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 14.

• (2)

  In regulation 33C(1) in the definition of R-Codes delete “clause 1.” and insert:

   

clause 1;

• (3)

  In regulation 33C(2):

  • (a)

    delete paragraph (a) and insert:

     
  • (a)

    an amendment referred to in paragraph(a)(i) to (iv), (vi) or (viii) of the definition of basic amendment in the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 34;

     
  • (b)

    delete paragraph (c) and insert:

     
  • (c)

    an amendment to classify an area of land as a reserve for the purpose of —

    • (i)

      public open space; or

    • (ii)

      environmental conservation; or

    • (iii)

      State forest;

       
  • (c)

    in paragraph (g)(i) delete “replacing or redeveloping an existing building” and insert:

     

  carrying out development

   
  • (d)

    in paragraph (l) delete “the term for which a development contribution plan is to have effect;” and insert:

     

  any matter required to be set out in a development contribution plan under the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 71(4);

   
  • (e)

    in paragraph (m) delete “use.” and insert:

     

  use;

   
  • (f)

    after paragraph (m) insert:

     
  • (n)

    an amendment to the scheme map that is consistent with a structure plan or local development plan for land that has been entirely subdivided and developed if —

    • (i)

      the land has been subdivided and developed in a manner that is generally consistent with the structure plan or local development plan for which the amendment is intended to give effect; and

    • (ii)

      the amendment includes zones and reservations of all the types that are contemplated by the plan.

       

K. COLLERAN, Clerk of the Executive Council