Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject
to subsections (2) and (5j), any person may refer a significant
proposal to the Authority.
(2) In the case of a
proposal under an assessed scheme, only the proponent can refer the proposal
to the Authority under subsection (1).
(3) Subject to
subsection (5j), the proponent of a strategic proposal may refer the
proposal to the Authority.
(4) If it appears to
the Minister that there is public concern about the likely effect of a
proposal, if implemented, on the environment, the Minister may refer the
proposal to the Authority.
(5) Subject to
subsection (5j), as soon as a decision-making authority has notice of a
proposal that appears to it to be —
(a) a
significant proposal; or
(b) a
proposal of a prescribed class,
the decision-making
authority is to refer the proposal to the Authority.
(5a)
Subsection (5) does not apply if the proposal has been referred to the
Authority under subsection (1) or (4).
(5b) In the case of a
proposal under an assessed scheme, the application of subsection (5)(a)
is subject to section 48I.
(5c) If the Authority
considers that a proposal that is —
(a) a
significant proposal; or
(b) a
proposal of a prescribed class,
has not been referred
to it under subsection (1), (4) or (5), the Authority is to require the
proponent or a decision-making authority to refer the proposal to the
Authority.
(5d) A requirement
under subsection (5c) is to be in writing and is to specify the period
within which it has to be complied with.
(5e) In the case of a
proposal under an assessed scheme, the Authority can only require the referral
of the proposal under subsection (5c) if it did not, when it assessed the
assessed scheme under Division 3, have sufficient scientific or technical
information to enable it to assess the environmental issues raised by the
proposal.
(5f) A requirement
under subsection (5c) has effect despite section 48I(2).
(5g) In
subsections (5)(b) and (5c)(b), a reference to a proposal of a prescribed
class includes a reference to a proposal of a prescribed class under an
assessed scheme.
(5h) A proponent or
decision-making authority that has to refer a proposal to the Authority under
a requirement under subsection (5c) is to do so within the period
specified in the requirement.
(5i) A referral under
this section is to be in writing.
(5j) Subject to
section 46B(2), a proposal cannot be referred to the Authority under this
section more than once unless assessment of it has been terminated under
section 40A.
(6) Except when the
responsibility for a proposal is imposed on a public authority under another
written law, the Minister shall, after consulting the Authority, nominate by
notice in writing served on —
(a) the
person concerned; and
(b) the
Authority; and
(c) any
relevant decision-making authority,
a person as being
responsible for each proposal which is referred or required to be referred, or
which ought to be referred, under this section and which the Authority
considers should be assessed by it under this Part.
(6a) If the person
nominated under subsection (6) ceases to have responsibility for a
proposal, that person is to give the Authority written notice advising the
name of the person to whom or which responsibility for the proposal will pass
or has passed.
(7) The Minister may,
if he considers that a nomination made under subsection (6) should be
revoked and after consulting the Authority, by notice in writing served
on —
(a) the
person to whom or which that nomination relates; and
(b) the
Authority; and
(c) any
relevant decision-making authority,
revoke that nomination
and nominate another person under that subsection in respect of that proposal.
(7a)
Subsections (6a) and (7) apply even if a report on the proposal has been
published under section 44(3) but do not apply if the assessment of the
proposal has been terminated under section 40A.
(8) For the purposes
of subsections (6) and (7), a person who is an individual may be
nominated as being responsible for a proposal by reference to his name or by
reference to his being the person for the time being holding or acting in a
particular office or position.
(9) For the purposes
of subsections (6a) and (7) and section 3(2b), a person that has
been notified under section 39A(3)(a) that the Authority is going to
assess a proposal is to be regarded as having been nominated under
subsection (6) as being responsible for the proposal whether or not such
a nomination has been made.
[Section 38 amended by No. 23 of 1996
s. 18; No. 57 of 1997 s. 54(1); No. 54 of 2003 s. 6.]