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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Environmental Protection (Land Clearance)
Amendment Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
page i
97 -- 1
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Christine Sharp)
Environmental Protection (Land Clearance)
Amendment Bill 2001
A Bill for
An Act to amend the Environmental Protection Act 1986 by
requiring land clearing under the Soil and Land Conservation Act
1945 to be assessed by the Authority.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Environmental Protection (Land
5 Clearance) Amendment Act 2001.
page 1
Environmental Protection (Land Clearance) Amendment Bill 2001
s. 2
2. Commencement and application
This Act comes into operation on the day on which it receives
the Royal Assent and applies to a specified notice defined in
section 40A(1) that is given under section 40A(2) at any time
5 after the day on which the bill for this Act was read a first time
in the Legislative Council.
3. Principal Act
In this Act the Environmental Protection Act 1986 is referred to
as the principal Act.
10 4. New sections inserted in principal Act
The principal Act is amended by inserting after section 40 the
following sections --
"
40A. Land clearances to be assessed
15
(1) In this section and sections 40B - 40E --
"decision-making authority" means the
Commissioner of Soil and Land Conservation
acting under Part V of the Soil and Land
20 Conservation Act 1945;
"proponent" means the person required to give a
specified notice;
"specified notice" means a notice required to be given
by a proponent by or under the Soil and Land
25 Conservation Act 1945 of an intention to clear land
that may be made the subject of a soil conservation
notice under section 32 of that Act.
(2) A proponent is to provide a copy of a specified notice
to the Authority on the day that it is lodged with the
30 decision-making authority.
page 2
Environmental Protection (Land Clearance) Amendment Bill 2001
s. 3
(3) Receipt by the Authority under subsection (2)
constitutes the referral of a proposal under section
38(1)(b)(i).
(4) The proponent is the person responsible for the
5 proposal for the purposes of section 38(6).
40B. Form of assessment
(1) Where the Authority decides to assess a proposal
referred under section 40A, section 40 applies with the
following modifications --
10 (a) subsection (2)(b) and (c), subsection (3), and
subsection (4)(b) do not apply;
(b) subsection (4)(a) applies without provision for
a direction under section 43;
(c) subsection (6)(a) is satisfied by the
15 proponent --
(i) depositing a copy of the information or
report at the office of the local
government in which the land described
in the specified notice is located; and
20 (ii) publishing a notice once in 2
consecutive weeks in a newspaper
circulating in the district that the
information or report has been deposited
under subparagraph (i) and the times
25 during which it may be inspected;
(d) subsections (7) and (8) do not apply.
40C. No implementation before assessment
(1) Sections 41-48 do not apply to a proposal referred
under section 40A.
30 (2) If the Authority decides to assess a proposal referred
under section 40A it is to report its findings and
page 3
Environmental Protection (Land Clearance) Amendment Bill 2001
s. 3
recommendations on the assessment to the proponent
and the decision-making authority within 90 days of
the referral.
(3) A proponent must not proceed to implement a proposal
5 during the period of assessment mentioned in
subsection (2) or until authorized by the decision-
making authority, whichever is the later.
(4) The decision-making authority must not approve or
permit any implementation of a proposal except as
10 section 40D expressly provides and a failure to comply
with section 40D avoids any purported approval or
permit.
40D. Implementation subject to Authority's
recommendations
15 (1) Where the Authority declines to assess a proposal, or
makes no recommendations arising from its assessment
of a proposal, the decision-making authority is to
permit implementation of the proposal subject to a soil
conservation notice (if any) given under Part V of the
20 Soil and Land Conservation Act 1945 and that Part
applies accordingly.
(2) Without limiting other matters that may be included in
a soil conservation notice, the decision-making
authority must issue a soil conservation notice
25 containing directions that give effect to any
recommendation of the Authority arising from its
assessment of a proposal.
(3) Sections 33, 34 and 39 of the Soil and Land
Conservation Act 1945 do not apply to a provision of a
30 soil conservation notice required by subsection (2).
page 4
Environmental Protection (Land Clearance) Amendment Bill 2001
s. 3
40E. Offences
A proponent who fails to comply without lawful
excuse (proof of which lies on the proponent) with any
applicable provision or requirement of sections 40A -
5 40D commits an offence and is liable to a fine not
exceeding $50 000 and, if the offence is a continuing
one, to a further fine not exceeding $10 000 for each
day the offence continues.
"
10
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