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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 137

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 137

137 .         Exclusions from validation

                Section 136 does not validate —

            (a)         any of the following things that were held to be invalid by the Supreme Court of Western Australia in The Wilderness Society v Minister for Environment

                  (i)         the report and recommendations of the Environmental Protection Authority on the Browse Liquefied Natural Gas Precinct strategic proposal (Report 1444, July 2012);

                  (ii)         the statement of the Minister for Environment, published on 19 November 2012, that, in the event of a declaration by the Environmental Protection Authority pursuant to section 39B of the Environmental Protection Act 1986 that it is a derived proposal, a proposal to do one or more of the Developments, Activities, Operations or Changes in Land Use listed in Column 2 of Table 1 in Schedule 1 of the statement, and which was identified in the Strategic Proposal to which Report 1444 relates, may be implemented (Ministerial Statement No. 917);

                  (iii)         the declaration made by the Environmental Protection Authority on 17 December 2012 that the proposal by Woodside Energy Ltd for the Browse LNG Downstream Development 25 Mtpa is a derived proposal identified in the Browse LNG Precinct strategic proposal, James Price Point, Shire of Broome;

            (b)         anything that is invalid as a consequence of the invalidity of the things listed in paragraph (a).

        [Section 137 inserted: No. 27 of 2014 s. 4.]