Western Australian Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1986

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used  
   3A.     Terms used  
   4.      Crown bound  
   4A.     Object and principles of Act  
   5.      Inconsistent laws  
   6.      Power of Minister or Authority to exempt

   PART II -- Environmental Protection Authority

           Division 1 -- Composition, procedure, etc. of Environmental Protection Authority  

   7.      Continuation and composition of Environmental Protection Authority  
   8.      Independence of Authority and Chairman  
   9.      Remuneration and allowances of Authority members  
   10.     Business of Authority  
   11.     Meetings of Authority  
   12.     Disclosure of interests by Authority members  
   13.     Decisions of persons presiding at meetings of Authority  
   14.     Minutes to be kept of meetings of Authority  
   15.     Objectives of Authority  
   16.     Functions of Authority  
   17.     Powers of Authority  
   17A.    Provision of services, information etc. to Authority  
   18.     Delegation by Minister  
   19.     Delegation by Authority  
   20.     Delegation by CEO  
   21.     Authority to make annual report

           Division 2 -- Staff of Department, etc.  

   22.     Appointment and engagement of staff generally  
   24.     Use of staff and facilities of other departments etc.  
   25.     Advisory groups, committees, councils and panels

   PART III -- Environmental protection policies  

   26.     Draft policy, preparation and publicising of  
   27.     Persons may make representations to Authority on draft policy  
   28.     Consideration, revision and submission to Minister of draft policy by Authority  
   29.     Public inquiry into draft policy  
   30.     Minister to consult on draft policy  
   31.     Minister to remit draft policy, or approve it (with or without amendments) or refuse to approve it  
   32.     Reconsidering and resubmitting remitted draft policy  
   33.     Approved policies, status and revocation of  
   34.     Orders made under s. 31(d), Parliamentary oversight of  
   35.     Content of approved policies  
   36.     Review of approved policies  
   37.     Minor changes to approved policies  
   37A.    NEPM may be declared to be approved policy

   PART IV -- Environmental impact assessment

           Division 1 -- Referral and assessment of proposals  

   37B.    Terms used  
   38.     Referral of proposals to Authority  
   38A.    Request for further information  
   39.     Authority to keep records of all proposals referred to it  
   39A.    Authority must decide whether to assess referred proposals  
   39B.    Derived proposals  
   40.     Assessing referred proposals  
   40A.    Termination of assessment  
   40B.    Assessment of strategic proposal: application of s. 41, 41A, 44 and 45  
   41.     Decision-making authority not to approve proposal until certain events occur  
   41A.    Proposal not to be implemented before action under s. 45 taken  
   42.     Conduct of public inquiries under s. 40(2)(c)  
   43.     Minister may direct Authority as to assessing proposal  
   43A.    Changes to proposals during assessment  
   44.     Report by Authority on assessment of proposal

           Division 2 -- Implementation of proposals  

   45.     Procedure for deciding if proposal may be implemented  
   45A.    Implementation of derived proposal  
   45B.    Implementation conditions apply to revised proposals  
   45C.    Changes to proposals after s. 45(5) statement issued  
   46.     Changing implementation conditions  
   46A.    Interim conditions and procedures  
   46B.    Amendment of implementation conditions by assessment  
   46C.    Minor changes to implementation conditions  
   47.     Duties of proponents after service of s. 45 statement  
   48.     Control of implementation of proposals

           Division 3 -- Assessment of schemes  

   48A.    Authority to decide whether or not schemes to be assessed  
   48B.    Authority to keep public records of schemes referred to it  
   48C.    Authority’s powers for assessing referred schemes  
   48D.    Authority to report to Minister on schemes  
   48E.    Minister may direct Authority to assess etc. referred schemes  
   48F.    Procedure for agreeing or deciding on conditions to which schemes are to be subject  
   48G.    Review of conditions in statements published under s. 48F

           Division 4 -- Implementation of schemes  

   48H.    Control of implementation of assessed schemes  
   48I.    Which proposals under assessed schemes to be referred to Authority  
   48J.    Disputes between Minister and responsible Ministers, Governor to decide

   PART V -- Environmental regulation

           Division 1 -- Pollution and environmental harm offences  

   49.     Causing pollution and unreasonable emissions  
   49A.    Dumping waste  
   50.     Discharging waste in circumstances likely to cause pollution  
   50A.    Causing serious environmental harm  
   50B.    Causing material environmental harm  
   50C.    Court may find accused guilty of alternative offences if charged with causing serious environmental harm  
   50D.    Regulations may require authorisation for conduct that might cause pollution or environmental harm  
   51.     Occupiers of premises, duties as to emissions

           Division 2 -- Clearing of native vegetation  

   51A.    Terms used  
   51B.    Environmentally sensitive areas, declaration of  
   51C.    Unauthorised clearing of native vegetation  
   51D.    Application of s. 51C(a) to certain land affected by Soil and Land Conservation Act 1945  
   51E.    Clearing permits, applying for, granting, refusing etc.  
   51F.    Application for clearing permit related to proposal, limits on deciding  
   51G.    Duration of clearing permits  
   51H.    Clearing permit conditions  
   51I.    Some kinds of conditions  
   51J.    Contravening clearing permit conditions  
   51K.    Amending clearing permit  
   51L.    Revoking or suspending clearing permit  
   51M.    Procedure for amending, revoking or suspending clearing permit  
   51N.    Continuation of area permit on change of ownership  
   51O.    Principles and instruments to be considered when making decisions as to clearing permits  
   51P.    Relationship between clearing permits and approved policies  
   51Q.    CEO to keep and publish record of clearing permits etc.  
   51R.    Evidentiary matters  
   51S.    Clearing injunctions  
   51T.    Other laws as to clearing vegetation not affected by this Division

           Division 3 -- Prescribed premises, works approvals and licences  

   52.     Changing premises to become prescribed premises requires approval  
   53.     Prescribed premises, restrictions as to changes to etc.  
   54.     Works approvals, applying for, granting, refusing etc.  
   55.     Contravening conditions of works approvals  
   56.     Occupiers of prescribed premises to be licensed for emissions etc.  
   57.     Licences, applying for, granting, refusing etc.  
   58.     Contravening licence conditions  
   59.     Amending works approval or licence  
   59A.    Revoking or suspending works approval or licence  
   59B.    Procedure for amending, revoking or suspending works approval or licence  
   60.     Relationship between works approvals or licences and approved policies  
   61.     Duty of persons becoming occupiers of prescribed premises  
   62.     Works approval and licence conditions  
   62A.    Some kinds of conditions  
   63.     Duration of works approvals and licences  
   63A.    CEO to keep and publish record of works approvals and licences  
   64.     Transfer of works approvals and licences

           Division 4 -- Notices, orders and directions  

   64A.    CEO to keep and publish record of notices  
   65.     Environmental protection notices, issue and effect of  
   66.     Environmental protection notices, registration of etc. on land titles  
   67.     Duties of person ceasing to be owner etc. of land subject to notice registered under s. 66  
   68.     Restriction on subdividing etc. land subject to notice registered under s. 66  
   68A.    Closure notices, issue and effect of  
   69.     Stop orders, issue and effect of  
   70.     Vegetation conservation notices, issue and effect of  
   71.     Environmental protection directions, issue and effect of  
   72.     Duty to notify CEO of discharges of waste  
   73.     Powers to deal with etc. discharges of waste, pollution and environmental harm  
   73A.    Prevention notices, issue and effect of  
   73B.    Breach of notice issued under s. 65, 70 or 73A, damages for

           Division 5 -- Miscellaneous  

   74.     Defences to certain offences  
   74A.    Defences to offences of causing pollution etc.: authority of this Act  
   74B.    Other defences to environmental harm offences  
   75.     Discharges or emissions in emergencies  
   76.     Miscellaneous offences  
   77.     Vehicles and vessels, duties of owners etc. of  
   78.     Interfering with anti-pollution devices on vehicles or vessels  
   79.     Unreasonable noise emissions from premises  
   80.     Installing equipment emitting unreasonable noise  
   81.     Noise abatement, powers for  
   81A.    Seizing noisy equipment  
   82.     Ancillary powers for s. 81 and 81A  
   83.     Duty to give assistance and information to officials  
   84.     Excessive noise emissions from vehicles or vessels  
   85.     Excessive noise emissions from equipment  
   86.     Manufacture, sale etc. of products emitting excessive noise

   PART VA -- Financial assurances  

   86A.    Terms used  
   86B.    Financial assurance requirements, imposition and effect of  
   86C.    Minister’s consent needed to impose etc. financial assurance requirement  
   86D.    Amount of financial assurance  
   86E.    Claim on or realising of financial assurance  
   86F.    Lapsing of financial assurance requirement  
   86G.    Use of financial assurance not to affect other action

   PART VI -- Enforcement  

   87.     Authorised persons, appointment of  
   88.     Inspectors, appointment and purposes of  
   89.     Entry powers of inspectors  
   90.     Obtaining information, inspectors’ powers as to  
   91.     Entry powers of inspectors for s. 86  
   91A.    Stopping etc. vehicles and vessels, powers of inspectors and authorised persons as to  
   92.     Inspectors may require details of certain occupiers and others  
   92A.    Seizing evidence etc.  
   92B.    Dealing with seized things  
   92C.    Returning seized things  
   92D.    Forfeiture of abandoned property  
   92E.    Person not to interfere with seized things  
   92F.    Assistance to inspector  
   92G.    Inspector to try to minimise damage  
   92H.    Compensation for loss etc. due to enforcement action  
   93.     Obstructing etc. inspectors or authorised persons  
   94.     Analysts, appointment of  
   95.     CEO may require information about industrial processes etc.  
   96.     CEO may require information about vehicles or vessels  
   97.     CEO may require vehicles, vessels and equipment to be made available for testing  
   98.     Police officers’ powers for inspecting etc. vehicles and vessels  
   99.     Police officers may stop audible alarms

   PART VIA -- Legal proceedings and penalties

           Division 1 -- Tier 2 offences and modified penalties  

   99A.    Modified penalty notice, issue of  
   99B.    Content of modified penalty notice  
   99C.    Extending time to pay modified penalty  
   99D.    Withdrawing modified penalty notice  
   99E.    Consequence of paying modified penalty  
   99F.    Register of modified penalty notices etc.  
   99G.    Application of penalties collected

           Division 2 -- Infringement notice offences  

   99H.    Terms used  
   99I.    Designated persons for s. 99K, 99M or 99N, appointment of  
   99J.    Infringement notice, issue of  
   99K.    Content of infringement notice  
   99L.    Some prior convictions and payments of modified penalties to be disregarded for s. 99K(3)  
   99M.    Extending time to pay modified penalty  
   99N.    Withdrawing infringement notice  
   99O.    Consequence of paying modified penalty  
   99P.    Application of penalties collected

           Division 3 -- Penalties  

   99Q.    Penalties  
   99R.    Daily penalty  
   99S.    Attempt and accessory after the fact

           Division 4 -- Additional powers available to the court  

   99T.    Term used: convicted  
   99U.    Orders generally  
   99V.    Orders for forfeiture  
   99W.    Disposal of forfeited things  
   99X.    Orders for prevention, restoration etc.  
   99Y.    Orders for costs, expenses and compensation  
   99Z.    Orders regarding monetary benefits  
   99ZA.   Orders requiring public notice to be given etc.  
   99ZB.   Enforcing orders to pay moneys

   PART VII -- Appeals  

   100.    Appeals against Authority’s decisions etc. as to proposals and schemes  
   101.    Minister’s powers on appeals under s. 100  
   101A.   Appeals against decisions as to clearing permits  
   102.    Appeals against decisions as to works approvals and licences  
   103.    Appeals against decisions as to notices issued under s. 65, 68A, 70 or 73A  
   104.    Appeals against CEO’s requirements under s. 96 or 97  
   105.    Matters that cannot be appealed  
   106.    Preliminary procedure on appeals  
   107.    CEO or Authority to report on appeal if requested; Minister’s powers on appeal  
   107A.   Appeals Convenor, appointment of  
   107B.   Functions of Appeals Convenor  
   107C.   Appeals panel, appointment of  
   107D.   Administrative procedures for appeals  
   108.    Appeals committees, composition and remuneration of  
   109.    Procedure of appeals committees  
   110.    Minister’s decisions on appeals, implementation and publication of

   PART VIIA -- Landfill levy

           Division 1 -- Collection of levy imposed under Environmental Protection (Landfill) Levy Act 1998  

   110A.   Terms used  
   110B.   Payment of levy  
   110C.   Financial assurance  
   110D.   Payment by instalments  
   110E.   Penalty for non-payment  
   110F.   Recovery of levy  
   110G.   Evading levy

           Division 2 -- Waste Management and Recycling Account  

   110H.   Waste Management and Recycling Account  
   110I.   Application of Financial Management Act 2006 and Auditor General Act 2006  
   110J.   Review of Part VIIA

   PART VIII -- General  

   111.    Saving of rights at law to prevent etc. pollution etc.  
   111A.   Victimisation of informants etc.  
   112.    False information  
   112A.   Self-incrimination  
   114.    Prosecutions, who may institute  
   114A.   Prosecutions, limitation periods for  
   115.    Investigation expenses  
   116.    Disputes between Authority and other public authority  
   117.    Proof of documents  
   118.    Liability of body corporate and directors etc. of body corporate  
   119.    Averment of occupation or control  
   120.    Disclosing certain information restricted  
   121A.   Authority to perform certain functions in relation to Crown land for purposes of this Act  
   121.    Protection from personal liability  
   122.    Administrative procedures, Authority may establish  
   122A.   Codes of practice  
   123.    Regulations  
   124.    Review of Act

   PART IX -- Transitional

           Division 1 -- Transitional provisions for Environmental Protection Act 1986  

   125.    Interpretation Act 1984 not affected  
   126.    Transitional provisions for Environmental Protection Act 1971  
   127.    Transitional provisions not related to Environmental Protection Act 1971  
   128.    General saving

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

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

           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
           SCHEDULE 1 -- Penalties
           SCHEDULE 2 -- Matters in respect of which regulations may be made
           SCHEDULE 3 -- Transitional provisions related to Environmental Protection Act 1971
           SCHEDULE 4 -- Transitional provisions not related to Environmental Protection Act 1971
           SCHEDULE 5 -- Principles for clearing native vegetation  
           SCHEDULE 6 -- Clearing for which a clearing permit is not required
           SCHEDULE 7 -- Appeals Convenor  
           Compilation table