Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
instructions means instructions issued under
section 48C(1)(a) of the EP Act.
(2) When the EPA has
acted under section 48C(1)(a) of the EP Act in relation to a
proposed region planning scheme or amendment to a region planning scheme, the
Commission, if it wishes to proceed with that scheme or amendment, is to
undertake an environmental review of that scheme or amendment in accordance
with the relevant instructions.
(3) The Commission is
not to submit a scheme or an amendment referred to in subsection (2) to
the Minister under section 42 for consent to public submissions being
sought, or act in relation to that scheme under section 58, as the case
requires, until —
(a) the
Commission has forwarded the environmental review to the EPA; and
(b) the
EPA has advised that that review has been undertaken in accordance with the
relevant instructions, or 30 days have elapsed since the review was
forwarded without the EPA having advised whether or not that review has been
undertaken in accordance with those instructions, whichever first occurs.
(4) If the EPA has
advised that the review has not been undertaken in accordance with the
relevant instructions, the Commission may —
(a)
comply with subsection (2) in respect of the scheme or amendment
concerned; or
(b)
request the Minister to consult the Minister for the Environment and, if
possible, agree with the Minister for the Environment on whether or not the
review has been undertaken in accordance with those instructions.
(5) If the Minister,
having complied with a request under subsection (4), and the Minister for
the Environment —
(a)
agree on whether or not the review has been undertaken in accordance with the
relevant instructions, their decision is final and without appeal or review;
or
(b)
cannot so agree, section 48J of the EP Act applies.