Western Australian Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1986

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  
   3A.     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 Chairman  
   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  
   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.     Preparation and publication by Authority of draft environmental protection policies  
   27.     Persons may make representations to Authority  
   28.     Consideration, revision and submission to Minister by Authority of draft environmental protection policies  
   29.     Committees of inquiry  
   30.     Consultation by Minister  
   31.     Power of Minister to remit for reconsideration, or approve or refuse to approve, or amend, draft environmental protection policies  
   32.     Reconsideration of remitted draft environmental protection policies and resubmission thereof to Minister  
   33.     Status and revocation of approved environmental protection policies  
   34.     Orders to be tabled in Parliament and subject to disallowance  
   35.     Content of approved environmental protection policies  
   36.     Review of approved environmental protection policies  
   37.     Minor changes to approved environmental protection 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 in this Division  
   38.     Referrals  
   38A.    Request for further information  
   39.     Authority to keep records of all proposals referred to it  
   39A.    Authority must decide whether to assess proposals referred  
   39B.    Derived proposals  
   40.     Assessment of proposals referred  
   40A.    Termination of assessment  
   40B.    Assessment of a strategic proposal: application of sections 41, 41A, 44 and 45  
   41.     Decision-making authority to await authorisation by Minister  
   41A.    Implementation to await authorisation  
   42.     Conduct of public inquiries  
   43.     Power of Minister in relation to assessment by Authority of proposals  
   43A.    Changes to proposals before report  
   44.     Report by Authority  

           Division 2 -- Implementation of proposals  

   45.     Procedure for deciding on implementation of proposals  
   45A.    Implementation of derived proposal  
   45B.    Implementation conditions apply to revised proposals  
   45C.    Changes to proposals after assessment  
   46.     Amendment of implementation conditions by inquiry  
   46A.    Interim conditions and procedures  
   46B.    Amendment of implementation conditions by assessment  
   46C.    Minor changes to implementation conditions  
   47.     Duties of proponents after service of statement or notification  
   48.     Control of implementation of proposals  

           Division 3 -- Assessment of schemes  

   48A.    Authority to decide whether or not schemes to be assessed  
   48B.    Authority to keep public records of schemes referred to it  
   48C.    Powers of Authority in relation to assessment of schemes referred to it  
   48D.    Authority to report to Minister on schemes  
   48E.    Minister may direct further assessment or reassessment of schemes by Authority  
   48F.    Procedure for agreeing or deciding on conditions to which schemes are to be subject  
   48G.    Review of conditions set out in statements published under section 48F  

           Division 4 -- Implementation of schemes  

   48H.    Control of implementation of assessed schemes  
   48I.    Proposals under assessed schemes  
   48J.    Decision of disputes between Minister and responsible Ministers  

   PART V -- Environmental regulation  

           Division 1 -- Pollution and environmental harm offences  

   49.     Causing pollution and unreasonable emissions  
   50.     Discharge of waste in circumstances in which it is 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 to take certain measures  

           Division 2 -- Clearing of native vegetation  

   51A.    Terms used in this Division  
   51B.    Declaration of environmentally sensitive areas  
   51C.    Unauthorised clearing of native vegetation  
   51D.    Particular provisions in relation to soil and land conservation  
   51E.    Applications for clearing permits  
   51F.    Other decisions to take precedence  
   51G.    Duration of clearing permits  
   51H.    Clearing permit conditions  
   51I.    Some kinds of conditions  
   51J.    Contravention of clearing permit conditions  
   51K.    Amendment of a clearing permit  
   51L.    Revocation or suspension of clearing permit  
   51M.    Manner of amendment, revocation or suspension  
   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.    Particulars of clearing permits to be recorded  
   51R.    Evidentiary matters  
   51S.    Clearing injunctions  
   51T.    Other requirements not affected  

           Division 3 -- Prescribed premises, works approvals and licences  

   52.     Restriction on changing premises to prescribed premises  
   53.     Occupiers of prescribed premises to be authorised in respect of certain changes leading to discharges of waste or emissions of noise, odour or electromagnetic radiation  
   54.     Applications for works approvals  
   55.     Contravention of conditions of works approvals  
   56.     Occupiers of prescribed premises to be licensed in respect of discharges of waste or emissions of noise, odour or electromagnetic radiation  
   57.     Applications for licences  
   58.     Contravention of licence conditions  
   59.     Amendment of works approval or licence  
   59A.    Revocation or suspension of works approval or licence  
   59B.    Manner of amendment, revocation or suspension  
   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.    Particulars of works approvals and licences to be recorded  
   64.     Transfer of works approvals and licences  

           Division 4 -- Notices, orders and directions  

   64A.    Record of notices  
   65.     Environmental protection notices  
   66.     Registration of environmental protection notices  
   67.     Duty of outgoing owner or occupier to notify CEO and successor in ownership or occupation  
   68.     Restriction on subdivision and amalgamation of land to which registered environmental protection notice relates  
   68A.    Closure notices  
   69.     Minister may make stop orders  
   70.     Vegetation conservation notices  
   71.     Environmental protection directions  
   72.     Duty to notify CEO of discharges of waste  
   73.     Powers in respect of discharges of waste and creation of pollution  
   73A.    Prevention notices  
   73B.    Damages for breach of notice  

           Division 5 -- Miscellaneous  

   74.     Defences to certain proceedings  
   74A.    Defences to proceedings for pollution or environmental harm: authority of this Act  
   74B.    Other defences to environmental harm offences  
   75.     Discharges or emissions in emergencies  
   76.     Miscellaneous offences  
   77.     Discharges into atmosphere or waters from vehicles or vessels  
   78.     Interference with anti-pollution devices on vehicles or vessels  
   79.     Unreasonable noise emissions on premises  
   80.     Installation of equipment emitting unreasonable noise  
   81.     Noise abatement directions  
   81A.    Seizure of noisy equipment  
   82.     Powers in respect of noise abatement directions  
   83.     Assistance and information to be furnished to authorised persons  
   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 in this Part  
   86B.    Financial assurance requirement  
   86C.    Considerations when Minister consents to or imposes a financial assurance requirement  
   86D.    Amount of financial assurance  
   86E.    Claim on or realising of financial assurance  
   86F.    Lapsing of financial assurance  
   86G.    Financial assurance not to affect other action  

   PART VI -- Enforcement  

   87.     Appointment of authorised persons  
   88.     Inspectors  
   89.     General powers of entry of inspectors  
   90.     Power of inspectors to require production of books etc.  
   91.     Additional powers of entry of inspectors  
   92.     Inspectors may require details of certain occupiers and others  
   92A.    Seizure  
   92B.    Dealing with thing seized  
   92C.    Return of thing seized  
   92D.    Forfeiture of abandoned property  
   92E.    Person not to interfere with seized property  
   92F.    Assistance to inspector  
   92G.    Inspector to try to minimise damage  
   92H.    Compensation  
   93.     Delay or obstruction of inspectors or authorised persons  
   94.     Appointment of analysts  
   95.     CEO may require information concerning industrial processes  
   96.     CEO may require information concerning vehicles or vessels  
   97.     CEO may require vehicles, vessels and equipment to be made available for testing  
   98.     Powers of police officers in relation to testing of vehicles and vessels  
   99.     Police officers may inactivate audible alarms  

   PART VIA -- Legal proceedings and penalties  

           Division 1 -- Tier 2 offences and modified penalties  

   99A.    Giving a modified penalty notice  
   99B.    Content of notice  
   99C.    Extension of time  
   99D.    Withdrawal of notice  
   99E.    Consequence of paying modified penalty  
   99F.    Register of certificates and modified penalty notices  
   99G.    Application of penalties collected  

           Division 2 -- Infringement notice offences  

   99H.    Terms used in this Division  
   99I.    Designated persons  
   99J.    Giving a notice  
   99K.    Content of notice  
   99L.    Convictions and payments to be disregarded after 5 years  
   99M.    Extension of time  
   99N.    Withdrawal of 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.    Meaning of “convicted”  
   99U.    Orders generally  
   99V.    Orders for forfeiture  
   99W.    Disposal of forfeited things  
   99X.    Orders for restoration and prevention  
   99Y.    Orders for costs, expenses and compensation  
   99Z.    Orders regarding monetary benefits  
   99ZA.   Additional orders  
   99ZB.   Enforcement of orders for payment of moneys  

   PART VII -- Appeals  

   100.    Lodging of appeals in respect of levels of assessment of, and reports on, proposals and conditions or procedures attached thereto  
   101.    Powers of Minister in respect of appeals lodged under section 100  
   101A.   Lodging of appeals in respect of clearing permits  
   102.    Lodging of appeals in respect of works approvals and licences  
   103.    Lodging of appeals in respect of pollution abatement notices  
   104.    Lodging of appeals in respect of requirements under sections 96 and  
   105.    Limitation on lodging of appeals  
   106.    Preliminary action in respect of appeals  
   107.    Consideration by CEO and Authority of appeal at request of Minister  
   107A.   Appeals Convenor  
   107B.   Functions and powers of Appeals Convenor  
   107C.   Appeals panel  
   107D.   Administrative procedures for appeals  
   108.    Composition and remuneration of appeals committees  
   109.    Procedure of appeals committees  
   110.    Implementation by CEO of decisions of Minister on appeals  

   PART VIIA -- Landfill levy  

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

   110A.   Terms used in this Part  
   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  
   111A.   Victimisation  
   112.    False information  
   112A.   Self-incrimination  
   114.    Institution of prosecutions  
   114A.   Limitation periods  
   115.    Award of prosecution expenses  
   116.    Disputes  
   117.    Proof of documents  
   118.    Liability of body corporate and of directors and managers of body corporate  
   119.    Averment of occupation or control  
   120.    Secrecy  
   121.    Protection from liability  
   122.    Administrative procedures  
   122A.   Codes of practice  
   123.    Regulations  
   124.    Review of Act  

   PART IX -- Transitional  

   125.    Interpretation Act 1984 not affected  
   126.    Transitional provisions related to Environmental Protection Act 1971  
   127.    Transitional provisions not related to Environmental Protection Act 1971  
   128.    General saving  
           SCHEDULE 1 -- Penalties  
           SCHEDULE 2  
           SCHEDULE 3  
           SCHEDULE 4  
           SCHEDULE 5 -- Principles for clearing native vegetation  
           SCHEDULE 6 -- Clearing for which a clearing permit is not required  
           SCHEDULE 7 -- Appeals Convenor  
           Compilation table