Western Australian Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 46

46 .         Changing implementation conditions

        (1)         If the Minister considers that the implementation conditions relating to a proposal, or any of them, should be changed (whether because of changes to the proposal authorised under section 45C or for any other reason), the Minister may request the Authority to inquire into and report on the matter within such period as is specified in the request.

        (2)         The Authority is to record any request made under subsection (1) in the public record kept under section 39.

        (3)         The Authority is to carry out an inquiry in accordance with a request made under subsection (1).

        (4)         Without limiting subsection (1), if a proposal is declared under section 39B to be a derived proposal, the Authority may inquire into whether or not the implementation conditions relating to the proposal, or any of them, should be changed.

        (5)         For the purposes of an inquiry under subsection (3) or (4) the Authority has all the powers conferred on it by Division 1 in relation to a proposal.

        (6)         On completing an inquiry under subsection (3) or (4), the Authority is to prepare and give to the Minister a report that includes —

            (a)         a recommendation on whether or not the implementation conditions to which the inquiry relates, or any of them, should be changed; and

            (b)         any other recommendations that it thinks appropriate.

        (7)         As soon as the Minister is reasonably able to do so after receiving copies of a report under subsection (6), the Minister is to simultaneously cause that report to be published, and copies of that report to be given, as if that report were a report referred to in section 44(3).

        (8)         After causing a report to be published under subsection (7), the Minister is to deal with the question of whether or not the implementation conditions to which the report relates, or any of them, should be changed as if that question were the question of to what conditions and procedures, if any, the implementation of a proposal should be subjected, and section 45 applies to the first-mentioned question accordingly.

        (9)         A statement under section 45(5) as applied by subsection (8) may change any of the implementation conditions to which the report under subsection (6) relates.

        (10)         A reference in this Division to a statement under section 45(5) includes a reference to a statement under section 45(5) as applied by subsection (8).

        [Section 46 inserted by No. 54 of 2003 s. 18.]