Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   3A.     Terms used relating to pollution and environmental harm
            
   4.      Crown bound
            
   4A.     Object and principles of Act
            
   5.      Inconsistent laws
            
   6.      Power of Minister or Authority to exempt

   PART II -- Environmental Protection Authority

           Division 1 -- Composition, procedure, etc. of Environmental Protection Authority  

   7.      Continuation and composition of Environmental Protection Authority
            
   8.      Independence of Authority and Chair
            
   9.      Remuneration and allowances of Authority members
            
   10.     Business of Authority
            
   11.     Meetings of Authority
            
   12.     Disclosure of interests by Authority members
            
   13.     Decisions of persons presiding at meetings of Authority
            
   14.     Minutes to be kept of meetings of Authority
            
   14A.    Decision without meeting
            
   15.     Objectives of Authority
            
   16.     Functions of Authority
            
   17.     Powers of Authority
            
   17A.    Provision of services, information etc. to Authority
            
   18.     Delegation by Minister
            
   19.     Delegation by Authority
            
   20.     Delegation by CEO
            
   21.     Authority to make annual report

           Division 2 -- Staff of Department, etc.  

   22.     Appointment and engagement of staff generally
            
   24.     Use of staff and facilities of other departments etc.
            
   25.     Advisory groups, committees, councils and panels

   PART III -- Environmental protection policies  

   26.     Draft policy, preparation and publicising of
            
   27.     Persons may make representations to Authority on draft policy
            
   28.     Consideration, revision and submission to Minister of draft policy by Authority
            
   29.     Public inquiry into draft policy
            
   30.     Minister to consult on draft policy
            
   31.     Minister to remit draft policy, or approve it (with or without amendments) or refuse to approve it
            
   32.     Reconsidering and resubmitting remitted draft policy
            
   33.     Approved policies, status and revocation of
            
   34.     Orders made under s. 31(d), Parliamentary oversight of
            
   35.     Content of approved policies
            
   36.     Review of approved policies
            
   37.     Minor changes to approved policies
            
   37A.    NEPM may be declared to be approved policy

   PART IV -- Environmental impact assessment

           Division 1 -- Referral and assessment of proposals  

   37B.    Terms used
            
   38.     Referral of proposals
            
   38A.    Calling in a proposal
            
   38B.    Requirements as to referrals
            
   38C.    Proponent may amend a referred proposal
            
   38D.    Proponent may give notice that a referred proposal will not proceed
            
   38E.    Proposals derived from assessed strategic proposals
            
   38F.    Request for further information
            
   38G.    Authority must decide whether to assess a referred proposal
            
   38H.    Nomination of person responsible for proposal
            
   38I.    Change of person responsible for proposal
            
   39.     Authority to keep records of referred proposals
            
   40.     Assessing referred proposals
            
   40AA.   Assessment of significant amendments
            
   40A.    Termination of assessment
            
   40B.    Application of assessment provisions to strategic proposals and strategic assessments
            
   41.     Decision-making authority not to approve proposal until certain events occur
            
   41A.    Proposal not to be implemented before action under s. 45 taken
            
   42.     Conduct of public inquiries under s. 40(2)(c)
            
           43. Minister may direct Authority as to assessing proposal
            
   43A.    Amendments to proposals during assessment
            
   44.     Report by Authority on assessment of proposal

           Division 2 -- Implementation of proposals  

   44A.    Terms used
            
   45.     Procedure for deciding if assessed proposal may be implemented
            
   45A.    Implementation conditions
            
   45B.    Implementation of derived proposal
            
   45C.    Amending approved proposals or implementation conditions without inquiry or assessment
            
   45D.    Division or consolidation of proposals and issue of separate or combined Ministerial statements
            
   46.     Amending implementation conditions after inquiry
            
   46A.    Interim conditions and procedures
            
   47.     Duties of proponents after service of Ministerial statement
            
   47A.    Duration and withdrawal of Ministerial statement
            
   48.     Control of implementation of proposals

           Division 2A -- Payments relating to proposals  

   48AA.   Fees and charges for referral and assessment of proposals

           Division 3 -- Assessment of schemes  

   48AAA.  Certain schemes not required to be assessed
            
   48A.    Authority to decide whether or not schemes to be assessed
            
   48B.    Authority to keep public records of schemes referred to it
            
   48C.    Authority’s powers for assessing referred schemes
            
   48D.    Authority to report to Minister on schemes
            
   48E.    Minister may direct Authority to assess etc. referred schemes

           Division 4 -- Implementation of schemes  

   48EA.   Terms used
            
   48F.    Procedure for agreeing or deciding on conditions to which schemes are to be subject
            
   48G.    Review of conditions in statements published under section 48F
            
           48H. Control of implementation of assessed schemes
            
   48I.    Which proposals under assessed schemes to be referred to Authority
            
   48J.    Disputes between Minister and responsible Ministers, Governor to decide

   PART V -- Environmental regulation

           Division 1 -- Pollution and environmental harm offences  

   49.     Causing pollution and unreasonable emissions
            
   49A.    Dumping waste
            
   50.     Discharging waste in circumstances likely to cause pollution
            
   50A.    Causing serious environmental harm
            
   50B.    Causing material environmental harm
            
   50C.    Court may find accused guilty of alternative offences if charged with causing serious environmental harm
            
   50D.    Regulations may require authorisation for conduct that might cause pollution or environmental harm
            
   51.     Occupiers of premises, duties as to emissions

           Division 2 -- Clearing of native vegetation  

   51A.    Terms used
            
   51B.    Declaration of environmentally sensitive areas by regulation
            
   51C.     Unauthorised clearing of native vegetation
            
   51D.    Section 51C(a) does not apply to certain land
            
   51DA.   Referral of proposed clearing to CEO for decision on whether a clearing permit should be obtained
            
   51E.    How applications for clearing permits are made and dealt with
            
   51F.    Effect of referred proposal on decisions about clearing
            
   51G.    Duration of clearing permits
            
   51H.    Clearing permit conditions
            
   51I.    Some kinds of conditions
            
   51J.    Contravening clearing permit conditions
            
   51K.    Amending clearing permit
            
   51KA.   Application to amend clearing permit
            
   51KB.   Effect of referred proposal on application to amend clearing permit
            
   51L.    Revoking or suspending clearing permit
            
   51M.    Procedure for CEO when amending, revoking or suspending clearing permit
            
   51MA.   Surrendering clearing permit
            
   51N.    Continuation of area permit on change of ownership
            
   51O.    Principles and instruments to be considered when making decisions as to clearing permits
            
   51P.    Relationship between clearing permits and approved policies
            
   51Q.    CEO to keep a record of clearing permits and related matters
            
   51R.    Evidentiary matters
            
   51S.    Clearing injunctions
            
   51T.    Other laws as to clearing vegetation not affected by this Division

           Division 3 -- Prescribed premises, works approvals and licences  

   52.     Changing premises to become prescribed premises requires approval
            
   53.     Prescribed premises, restrictions as to changes to etc.
            
   54.     Works approvals, applying for, granting, refusing etc.
            
   55.     Contravening conditions of works approvals
            
   56.     Occupiers of prescribed premises to be licensed for emissions etc.
            
   57.     Licences, applying for, granting, refusing etc.
            
   58.     Contravening licence conditions
            
   59.     Amending works approval or licence
            
   59A.    Revoking or suspending works approval or licence
            
   59B.    Procedure for amending, revoking or suspending works approval or licence
            
   60.     Relationship between works approvals or licences and approved policies
            
   61.     Duty of persons becoming occupiers of prescribed premises
            
   62.     Works approval and licence conditions
            
   62A.    Some kinds of conditions
            
   63.     Duration of works approvals and licences
            
   63A.    CEO to keep and publish record of works approvals and licences
            
   64.     Transfer of works approvals and licences

           Division 4 -- Notices, orders and directions  

   64A.    CEO to keep records of notices
            
   65.     Environmental protection notices, issue and effect of
            
   66.     Environmental protection notices, registration of etc. on land titles
            
   67.     Duties of person ceasing to be owner etc. of land subject to notice registered under s.
            
   68.      Restriction on subdividing etc. land subject to notice registered under s.
            
   68A.     Closure notices, issue and effect of
            
   69.     Stop orders, issue and effect of
            
   70.     Vegetation conservation notices, issue and effect of
            
   71.     Environmental protection directions, issue and effect of
            
   72.     Duty to notify CEO of discharges of waste
            
   73.     Powers to deal with etc. discharges of waste, pollution and environmental harm
            
   73A.    Prevention notices, issue and effect of
            
   73B.    Breach of notice issued under s. 65, 70 or 73A, damages for

           Division 5 -- Miscellaneous  

   74.     Defences to certain offences
            
   74A.    Defences to offences of causing pollution etc.: authority of this Act
            
   74B.    Other defences to environmental harm offences
            
   75.     Discharges or emissions in emergencies
            
   76.     Miscellaneous offences
            
   77.     Vehicles and vessels, duties of owners etc. of
            
   78.     Interfering with anti-pollution devices on vehicles or vessels
            
   79.     Unreasonable noise emissions from premises
            
   80.     Installing equipment emitting unreasonable noise
            
   81.     Noise abatement, powers for
            
   81A.    Seizing noisy equipment
            
   82.     Ancillary powers for s. 81 and 81A
            
           83. Duty to give assistance and information to officials
            
   84.     Excessive noise emissions from vehicles or vessels
            
   85.     Excessive noise emissions from equipment
            
   86.     Manufacture, sale etc. of products emitting excessive noise

   PART VA -- Financial assurances  

   86A.    Terms used
            
   86B.    Financial assurance requirements, imposition and effect of
            
   86C.    Minister’s consent needed to impose etc. financial assurance requirement
            
   86D.    Amount of financial assurance
            
   86E.    Claim on or realising of financial assurance
            
   86F.    Lapsing of financial assurance requirement
            
   86G.    Use of financial assurance not to affect other action

   PART VI -- Enforcement  

   87.     Authorised persons, appointment of
            
   88.     Inspectors, appointment and purposes of
            
   89.     Entry powers of inspectors
            
   89A.    Use of assistance and force
            
   90.     Powers of inspectors to obtain information
            
   91.     Entry powers of inspectors for s.
            
   91A.     Stopping etc. vehicles and vessels, powers of inspectors and authorised persons as to
            
   92.     Inspectors may require details of certain occupiers and others
            
   92A.    Seizing evidence etc.
            
   92B.    Dealing with seized things
            
   92C.    Returning seized things
            
   92D.    Forfeiture of abandoned property
            
   92E.    Person not to interfere with seized things
            
   92G.    Inspector to try to minimise damage
            
   92H.    Compensation for loss etc. due to enforcement action
            
   93.     Obstructing etc. inspectors or authorised persons
            
   94.     Analysts, appointment of
            
   95.     CEO may require information about industrial processes etc.
            
   96.     CEO may require information about vehicles or vessels
            
   97.     CEO may require vehicles, vessels and equipment to be made available for testing
            
   98.     Police officers’ powers for inspecting etc. vehicles and vessels
            
   99.     Police officers may stop audible alarms

   PART VIA -- Legal proceedings and penalties

           Division 1 -- Prescribed offences and modified penalties  

   99AA.   Term used: prescribed offence
            
   99A.    Modified penalty notice, issue of
            
   99B.    Content of modified penalty notice
            
   99C.    Extending time to pay modified penalty
            
   99D.    Withdrawing modified penalty notice
            
   99E.    Consequence of paying modified penalty
            
   99F.    Register of modified penalty notices etc.
            
   99G.    Application of penalties collected

           Division 2 -- Infringement notice offences  

   99H.    Terms used
            
   99I.    Designated persons for s. 99K, 99M or 99N, appointment of
            
   99J.    Infringement notice, issue of
            
   99K.    Content of infringement notice
            
   99L.    Some prior convictions and payments of modified penalties to be disregarded for s. 99K(3)
            
           99M. Extending time to pay modified penalty
            
   99N.    Withdrawing infringement notice
            
   99O.    Consequence of paying modified penalty
            
   99P.    Application of penalties collected

           Division 3 -- Penalties  

   99Q.    Penalties
            
   99R.    Daily penalty
            
   99S.    Attempt and accessory after the fact

           Division 4 -- Additional powers available to the court  

   99T.    Term used: convicted
            
   99U.    Orders generally
            
   99V.    Orders for forfeiture
            
   99W.    Disposal of forfeited things
            
   99X.    Orders for prevention, restoration etc.
            
   99Y.    Orders for costs, expenses and compensation
            
   99Z.    Orders regarding monetary benefits
            
   99ZA.   Orders requiring public notice to be given etc.
            
   99ZB.   Enforcing orders to pay moneys

   PART VII -- Appeals  

   100.    Appeals against Authority’s decisions etc. as to proposals and schemes
            
   101.    Minister’s powers on appeals under s.
            
   101A.    Appeals against decisions as to clearing permits
            
   102.    Appeals against decisions as to works approvals and licences
            
   103.    Appeals against decisions as to notices issued under s. 65, 68A, 70 or 73A
            
           104. Appeals against CEO’s requirements under s. 96 or
            
           105. Matters that cannot be appealed
            
   106.    Preliminary procedure on appeals
            
   107.    Minister’s powers on appeal
            
   107A.   Appeals Convenor, appointment of
            
   107B.   Functions of Appeals Convenor
            
   107C.   Appeals panel, appointment of
            
   107D.   Administrative procedures for appeals
            
   108.    Appeals committees, composition and remuneration of
            
   109.    Procedure of appeals committees
            
   110.    Minister’s decisions on appeals, implementation and publication of

   PART VIIA -- Landfill levy

           Division 1 -- Collection of levy imposed under Environmental Protection (Landfill) Levy Act 1998  

   110A.   Terms used
            
   110B.   Payment of levy
            
   110C.   Financial assurance
            
   110D.   Payment by instalments
            
   110E.   Penalty for non-payment
            
   110F.   Recovery of levy
            
   110G.   Evading levy

           Division 2 -- Waste Management and Recycling Account  

   110H.   Waste Management and Recycling Account
            
   110I.   Application of Financial Management Act 2006 and Auditor General Act 2006
            
   110J.   Review of Part VIIA

   PART VIII -- General  

   111.    Saving of rights at law to prevent etc. pollution etc.
            
   111A.   Victimisation of informants etc.
            
   112.    False information
            
   112A.   Self-incrimination
            
   114.    Prosecutions, who may institute
            
   114A.   Prosecutions, limitation periods for
            
   115.    Investigation expenses
            
   116.    Disputes between Authority and other public authority
            
   116A.   Proof not required of certain matters
            
   116B.   Proof of remotely sensed images
            
   117.    Proof of documents
            
   118.    Establishing state of mind of body corporate
            
   118A.   Liability of officers for offence by body corporate
            
   119.    Averment of occupation or control
            
   120.    Disclosing certain information restricted
            
   121A.   Authority to perform certain functions in relation to Crown land for purposes of this Act
            
   121.    Protection from personal liability
            
   122.    Administrative procedures, Authority may establish
            
   122A.   Codes of practice
            
   122B.   Forms and other matters relating to documentation
            
   123.    Regulations
            
   124.     Review of Act

   PART VIIIA -- Bilateral agreements with the Commonwealth  

   124A.   Terms used
            
   124B.   Effect of Part
            
   124C.   Additional function of Authority
            
   124D.   Application for a matter to be dealt with as a bilateral matter
            
   124E.   Performance of functions in respect of bilateral matters
            
   124F.   Fees in relation to bilateral matters
            
   124G.   Disclosure of information for the purposes of bilateral agreements
            
   124H.   Regulations

   PART IX -- Transitional

           Division 1 -- Transitional provisions for Environmental Protection Act 1986  

   125.    Interpretation Act 1984 not affected
            
   126.    Transitional provisions for Environmental Protection Act 1971
            
   127.    Transitional provisions not related to Environmental Protection Act 1971
            
   128.    General saving

           Division 2 -- Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part  

   129.    Term used: amending Act
            
   130.    Appeals in respect of proposals
            
   131.    Appeals in respect of clearing permits
            
   132.    Appeals in respect of works approvals and licences

           Division 3 -- Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part  

   133.    Minor or preliminary work that has Authority’s consent

           Division 4 -- Transitional provisions for Environmental Protection Amendment Act 2020

              Subdivision 1 -- General provision  

   133A.   Term used: amending Act

              Subdivision 2 -- Transitional provisions relating to clearing matters  

   133B.   Declaration of environmentally sensitive areas
            
   133C.   Clearing permit applications
            
   133D.   Clearing injunctions

              Subdivision 3 -- Transitional provisions relating to works approvals and licences  

   133E.   Terms used
            
   133F.   Works approvals
            
   133G.   Licences
            
   133H.   Existing applications for works approvals or licences
            
   133I.   Existing applications as to existing works approvals
            
   133J.   Existing applications as to existing licences
            
   133K.   Appeals in respect of refusal to grant works approvals and licences
            
   133L.   Other appeals in respect of works approvals and licences

              Subdivision 4 -- Other matters  

   133M.   Referred proposals
            
   133N.   Chair and Deputy Chair
            
   133O.   Transitional regulations
            
   133P.   Interpretation Act 1984 not affected

   PART X -- Validation  

   134.    Terms used
            
   135.    Grounds of invalidity
            
   136.    Certain proceedings of Environmental Protection Authority and other things validated
            
   137.    Exclusions from validation
           SCHEDULE 1 -- Penalties
           SCHEDULE 2 -- Matters in respect of which regulations may be made
           SCHEDULE 3 -- Transitional provisions related to Environmental Protection Act 1971
           SCHEDULE 4 -- Transitional provisions not related to Environmental Protection Act 1971
           SCHEDULE 5 -- Principles for clearing native vegetation  
           SCHEDULE 6 -- Clearing for which a clearing permit is not required
           SCHEDULE 7 -- Appeals Convenor