Western Australian Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 39B

39B .         Derived proposals

        (1)         If a proposal (the referred proposal ) is referred to the Authority under section 38 the proponent may request the Authority in writing to declare the referred proposal to be a derived proposal.

        (2)         If the proposal is referred by the proponent, a request under subsection (1) may be made in the referral.

        (3)         If a request under subsection (1) is made, the Authority is to declare the referred proposal to be a derived proposal if it considers that —

            (a)         the referred proposal was identified in a strategic proposal that has been assessed under this Part (the strategic proposal ); and

            (b)         after a report on the strategic proposal was published under section 44(3), it was agreed or decided under section 45 that the referred proposal could be implemented, or could be implemented subject to conditions and procedures agreed or decided under that section.

        (4)         Despite subsection (3), the Authority may refuse to declare the referred proposal to be a derived proposal if it considers that —

            (a)         environmental issues raised by the proposal were not adequately assessed when the strategic proposal was assessed; or

            (b)         there is significant new or additional information that justifies the reassessment of the issues raised by the proposal; or

            (c)         there has been a significant change in the relevant environmental factors since the strategic proposal was assessed.

        (5)         If the Authority declares the referred proposal to be a derived proposal, it is to —

            (a)         record the declaration in the public record kept under section 39(1); and

            (b)         give written notice of the declaration to the Minister.

        (6)         If the Authority declares the referred proposal to be a derived proposal, it is not to assess the proposal except for the purposes of conducting an inquiry under section 46(4).

        (7)         If the Authority refuses to declare the referred proposal to be a derived proposal it is to give written notice of the refusal to the proponent.

        (8)         The notice may be included in the notice given under section 39A(3)(a).

        [Section 39B inserted by No. 54 of 2003 s. 8.]