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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Approvals and Related Reforms (No. 1)
(Environment) Bill 2009
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
3. Act amended 2
Part 2 -- Appeals
Division 1 -- Appeals in respect of proposals
4. Section 45A amended 3
5. Section 48F amended 3
6. Section 100 amended 3
7. Section 101 amended 4
8. Section 106 amended 6
9. Section 107 amended 6
Division 2 -- Appeals in respect of clearing
permits
10. Section 101A amended 6
Division 3 -- Appeals in respect of works
approvals and licences
11. Section 102 amended 7
Division 4 -- Transitional provisions
12. Part IX Division 1 heading inserted 8
Division 1 -- Transitional provisions for
Environmental Protection Act 1986
13. Part IX Division 2 inserted 8
094--2B page i
Approvals and Related Reforms (No. 1) (Environment) Bill 2009
Contents
Division 2 -- Transitional provisions for Approvals
and Related Reforms (No. 1) (Environment)
Act 2009 Part 2
129. Term used: amending Act 8
130. Appeals in respect of proposals 8
131. Appeals in respect of clearing permits 9
132. Appeals in respect of works approvals and
licences 9
Part 3 -- Decisions about minor or
preliminary work that has
Authority's consent
14. Section 41 amended 10
15. Section 51F amended 10
16. Section 54 amended 10
17. Section 57 amended 11
18. Part IX Division 3 inserted 11
Division 3 -- Transitional provisions for Approvals
and Related Reforms (No. 1) (Environment)
Act 2009 Part 3
133. Minor or preliminary work that has
Authority's consent 11
page ii
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Approvals and Related Reforms (No. 1)
(Environment) Bill 2009
A Bill for
An Act to amend the Environmental Protection Act 1986 and for
related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Approvals and Related Reforms (No. 1) (Environment) Bill 2009
Part 1 Preliminary matters
s. 1
1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Approvals and Related Reforms (No. 1)
4 (Environment) Act 2009.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 other than section 3 -- on the day on which this
8 Act receives the Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
11 3. Act amended
12 This Act amends the Environmental Protection Act 1986.
page 2
Approvals and Related Reforms (No. 1) (Environment) Bill 2009
Appeals Part 2
Appeals in respect of proposals Division 1
s. 4
1 Part 2 -- Appeals
2 Division 1 -- Appeals in respect of proposals
3 4. Section 45A amended
4 (1) In section 45A(2) delete "when a section 39B declaration is
5 final," and insert:
6
7 when the Minister is notified under section 39B(5)(b)
8 of a section 39B declaration,
9
10 (2) Delete section 45A(4).
11 5. Section 48F amended
12 In section 48F(3)(a) delete "section 100(3a)(d); or" and insert:
13
14 section 100(3a)(c); or
15
16 6. Section 100 amended
17 (1) In section 100(1):
18 (a) in paragraph (a) delete "assessed;" and insert:
19
20 assessed, other than a decision that includes a
21 recommendation that the proposal be dealt with
22 under Part V Division 2; or
23
24 (b) delete paragraphs (b) and (c);
25 (c) in paragraph (e) delete "scheme; or" and insert:
26
27 scheme,
28
page 3
Approvals and Related Reforms (No. 1) (Environment) Bill 2009
Part 2 Appeals
Division 1 Appeals in respect of proposals
s. 7
1 (d) delete paragraph (f);
2 (e) after paragraph (d) insert:
3
4 or
5
6 (2) Delete section 100(2).
7 (3) In section 100(3a):
8 (a) in paragraph (a) delete "subsection (1)(a), (b), (c) or (f),"
9 and insert:
10
11 subsection (1)(a),
12
13 (b) delete paragraph (d) and "or" after it;
14 (c) after each of paragraphs (a), (b) and (c) insert:
15
16 or
17
18 Note: The heading to amended section 100 is to read:
19 Lodging of appeals in respect of proposals
20 7. Section 101 amended
21 (1) In section 101(1):
22 (a) delete "section 100(1), (2)" and insert:
23
24 section 100(1)
25
26 (b) in paragraph (b) delete "section 100(1)(a) or (b)," and
27 insert:
28
29 section 100(1)(a),
30
page 4
Approvals and Related Reforms (No. 1) (Environment) Bill 2009
Appeals Part 2
Appeals in respect of proposals Division 1
s. 7
1 (c) in paragraph (c) delete "section 100(1)(a), (b) or (f),"
2 and insert:
3
4 section 100(1)(a),
5
6 (d) delete paragraph (da);
7 (e) delete paragraph (dc);
8 (f) after each of paragraphs (a), (b), (c), (d) and (db) insert:
9
10 or
11
12 (2) In section 101(2) delete "(c), (d) or (dc)" and insert:
13
14 (c) or (d)
15
16 (3) Delete section 101(2a), (2b) and (2c).
17 (4) In section 101(3):
18 (a) delete paragraph (a) and insert:
19
20 (a) referred to in section 100(1)(a) does not affect
21 the relevant decision; or
22
23 (b) delete "subsection (1), (2c) or (2d)." and insert:
24
25 subsection (1) or (2d).
26
27 (c) after each of paragraphs (b) and (c) insert:
28
29 or
30
page 5
Approvals and Related Reforms (No. 1) (Environment) Bill 2009
Part 2 Appeals
Division 2 Appeals in respect of clearing permits
s. 8
1 8. Section 106 amended
2 In section 106(3) delete "section 101(2a) or (2d)." and insert:
3
4 section 101(2d).
5
6 9. Section 107 amended
7 In section 107(3) delete "section 101(2a) or (2d)." and insert:
8
9 section 101(2d).
10
11 Division 2 -- Appeals in respect of clearing permits
12 10. Section 101A amended
13 (1) In section 101A(1) delete "28 days" and insert:
14
15 21 days
16
17 (2) In section 101A(2) delete "28 days" and insert:
18
19 21 days
20
21 (3) In section 101A(3):
22 (a) in paragraph (a) delete "refusal or";
23 (b) in paragraph (b) delete "amendment, revocation or
24 suspension" and insert:
25
26 amendment
27
page 6
Approvals and Related Reforms (No. 1) (Environment) Bill 2009
Appeals Part 2
Appeals in respect of works approvals and licences Division 3
s. 11
1 (c) delete "refusal, specification, revocation, suspension or
2 amendment" and insert:
3
4 specification or amendment
5
6 Division 3 -- Appeals in respect of works approvals
7 and licences
8 11. Section 102 amended
9 In section 102(3):
10 (a) in paragraph (a) delete "refusal or";
11 (b) in paragraph (b) delete "amendment, revocation or
12 suspension" and insert:
13
14 amendment
15
16 (c) delete "refusal, specification, revocation, suspension or
17 amendment" and insert:
18
19 specification or amendment
20
page 7
Approvals and Related Reforms (No. 1) (Environment) Bill 2009
Part 2 Appeals
Division 4 Transitional provisions
s. 12
1 Division 4 -- Transitional provisions
2 12. Part IX Division 1 heading inserted
3 At the beginning of Part IX insert:
4
5 Division 1 -- Transitional provisions for Environmental
6 Protection Act 1986
7
8 13. Part IX Division 2 inserted
9 After Part IX Division 1 insert:
10
11 Division 2 -- Transitional provisions for Approvals and
12 Related Reforms (No. 1) (Environment) Act 2009 Part 2
13 129. Term used: amending Act
14 In this Division --
15 amending Act means the Approvals and Related
16 Reforms (No. 1) (Environment) Act 2009.
17 130. Appeals in respect of proposals
18 (1) In this section --
19 former EP Act means the Environmental Protection
20 Act 1986 as in force immediately before the amending
21 Act Part 2 Division 1 comes into operation.
22 (2) The former EP Act continues to apply in respect of a
23 decision of the Authority made before the day on
24 which the amending Act Part 2 Division 1 comes into
25 operation.
page 8
Approvals and Related Reforms (No. 1) (Environment) Bill 2009
Appeals Part 2
Transitional provisions Division 4
s. 13
1 131. Appeals in respect of clearing permits
2 (1) In this section --
3 former EP Act means the Environmental Protection
4 Act 1986 as in force immediately before the amending
5 Act Part 2 Division 2 comes into operation.
6 (2) The former EP Act continues to apply in respect of a
7 decision of the CEO made before the day on which the
8 amending Act Part 2 Division 2 comes into operation.
9 132. Appeals in respect of works approvals and licences
10 (1) In this section --
11 former EP Act means the Environmental Protection
12 Act 1986 as in force immediately before the amending
13 Act Part 2 Division 3 comes into operation.
14 (2) The former EP Act continues to apply in respect of a
15 decision of the CEO made before the day on which the
16 amending Act Part 2 Division 3 comes into operation.
17
page 9
Approvals and Related Reforms (No. 1) (Environment) Bill 2009
Part 3 Decisions about minor or preliminary work that has Authority's
consent
s. 14
1 Part 3 -- Decisions about minor or preliminary work
2 that has Authority's consent
3 14. Section 41 amended
4 After section 41(3) insert:
5
6 (4) Subsections (2) and (3) do not apply to a decision in
7 relation to a proposal if the effect of the decision would
8 be to cause or allow the doing of minor or preliminary
9 work to which the Authority has consented under
10 section 41A(3).
11
12 15. Section 51F amended
13 After section 51F(1) insert:
14
15 (2A) Subsection (1) does not apply if the application is for a
16 clearing permit for the purpose of doing minor or
17 preliminary work to which the Authority has consented
18 under section 41A(3).
19
20 16. Section 54 amended
21 After section 54(4) insert:
22
23 (5A) Subsection (4) does not apply if the application is for a
24 works approval for the purpose of doing minor or
25 preliminary work to which the Authority has consented
26 under section 41A(3).
27
page 10
Approvals and Related Reforms (No. 1) (Environment) Bill 2009
Decisions about minor or preliminary work that has Authority's Part 3
consent
s. 17
1 17. Section 57 amended
2 After section 57(4) insert:
3
4 (4AA) Subsection (4) does not apply if the application is for a
5 licence for the purpose of doing minor or preliminary
6 work to which the Authority has consented under
7 section 41A(3).
8
9 18. Part IX Division 3 inserted
10 At the end of Part IX insert:
11
12 Division 3 -- Transitional provisions for Approvals and
13 Related Reforms (No. 1) (Environment) Act 2009 Part 3
14 133. Minor or preliminary work that has Authority's
15 consent
16 (1) In this section --
17 amended EP Act means the Environmental Protection
18 Act 1986 as amended by the Approvals and Related
19 Reforms (No. 1) (Environment) Act 2009 Part 3.
20 (2) The amended EP Act applies --
21 (a) in respect of a proposal irrespective of when the
22 proposal was or is referred to the Authority;
23 and
24 (b) in respect of an application irrespective of when
25 the application was or is made to the CEO.
26
27
page 11
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