Legislation
1. State Environmental Legislation
Environmental Protection Act (1986): This Act is the primary legislative Act dealing with the protection of the Environment in Western Australia. It provides for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the above.
Parts 4 and 5 of the Act are probably the most referred to parts as they discuss Environmental Impact Assessment and Environmental Regulation, respectively. Some of the pertinent sections within these two parts are:
- Part 4: Division 1, Section 38 - Referrals of Proposals:
Section 38(1) of the Environmental Protection Act 1986 provides
that where a development proposal is likely to have a significant
effect on the environment, a proponent may refer the proposal to
the Environmental Protection Authority (EPA) for a decision on
whether or not it requires assessment under the Act.
A Section 38 form must be completed and submitted to the EPA for assessment. Section 38 forms can be downloaded from the EPA website or by clicking here (have link directly to the form on the EPA website). - Part 5: Section 51c - Clearing Permits: A clearing permit is required to clear native vegetation unless the clearing is for an exempt purpose specified in Schedule 6 of the Act, or Regulation 5 of the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. Clearing permit applications for mineral and petroleum activities need to be submitted to the Department of Mines and Petroleum (previously Department of Industry and Resources), while clearing permits for any other activity needs to be submitted to the Department of Environment and Conservation (DEC). Further information can be obtained from the DMP website or the DEC website. For clearing permit application forms please visit the "Research Tools" section of this website or click here (have direct link to clearing applications on DEC and DMP websites).
- Part 5: Division 3 - Works Approvals: A works approval is required for works undertaken on a prescribed premise. Under Part 1 of Schedule 1 of the Environmental Protection Regulations (1987), a prescribed premise requires a works approval for the construction phase and a licence for the operational phase. Under Part 2 of Schedule 1, a prescribed premise requires a works approval for construction and a licence OR registration for operation. Prescribed premises include processing plants, de-watering discharges, tailings facilities, process ponds and any other aspect of the operation that has the potential to pollute. Further information on Works Approvals and Licensing can be obtained by visiting the DEC website
If you wish to view the Environmental Protection Act (1986) in full please visit the State Law Publisher website
Rights in Water and Irrigation Act (1914): This Act makes provisions for the conservation and utilisation of water for industrial irrigation and for the construction, maintenance and management of irrigation works, as well as for other purposes. Under this Act licences or permits are required to construct or alter a well, to take groundwater or surface water and/or to interfere with the bed or banks of a watercourse. Further information and application forms are available from the Department of Water by visiting their website or by contacting the relevant regional office.
Aboriginal Heritage Act (1972): In Western Australia the protection of Aboriginal heritage is subject to the Aboriginal Heritage Act (1972). This Act applies to all types of land tenure in WA and provides protection to Aboriginal sites regardless of whether they are listed on the Register of Aboriginal Sites. Advice should be gained from the Department of Indigenous Affairs in relation to particular circumstances before submitting, under the WA Mining Act (1978), any programme of works for ground disturbing equipment or mining proposal.
Mining Act (1978): In WA, mineral exploration
and mining operations are managed under the Mining Act (1978) and
Regulations, which is administered by the Department of Mines and
Petroleum (DoMP). The Act provides for different types of tenements
to be issued for different mining activities, including
prospecting, exploration and miscellaneous licenses, as well as
mining and general purpose leases.
For proposed mining operations proponents are required to submit a
mining proposal. These can be submitted as part of an application
for a mining lease or in accordance with tenement conditions for a
granted lease. For further information visit the Department of Mines and
Petroleum website
Heritage of Western Australia Act (1990): This
Act provides for, and encourages, the conservation of places which
have significance to the cultural heritage in the State, to
establish the Heritage Council of Western Australia, and for
related purposes. The Heritage Council of Western Australia was set up
under the Act and is the State's advisory body on heritage matters
and focuses on places, buildings and sites. Their website contains
a heritage place database and a directory of heritage
consultants.
Conservation and Land Management Act (1984): An Act that provides
for the better protection and management of certain public lands
and waters, and the flora and fauna thereof. To view the full
contents of the Act visit the State Law Publisher website or contact the
Department of Environment and Conservation.
Wildlife Conservation Act (1950): This Act provides for the conservation and protection of wildlife. It is administered by DEC and applies to both flora and fauna.
Any person wanting to capture, collect, disturb or study fauna requires a permit to do so. Any person wanting to collect native flora, for either commercial or scientific purposes, must also obtain a licence to do so. Permit and licence application forms can be obtained by visiting the DEC website or by clicking here for fauna or here for flora.
2. Commonwealth Environmental Legislation
Environment Protection and Biodiversity Conservation Act (1999): The EPBC Act is the Australian Governments central piece of environmental legislation. It provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places defined in the Act as matters of national environmental significance. The seven matters of national significance to which the EPBC Act applies are world heritage sites, national heritage sites, wetlands of international importance, nationally threatened species and ecological communities, migratory species, commonwealth marine areas and nuclear actions.
The EBPC Act comes into play when a proposal has the potential to have a significant impact on a matter of national environmental significance. If this is the case, a Referral Form is required to be completed and submitted to the Department of the Environment, Water, Heritage and the Arts for assessment. For more information regarding the EPBC Act visit their website or to download a referral form click here.
Bilateral Agreements exist between the Commonwealth and many of the States/Territories. They allow the Commonwealth to delegate to the states/territories the responsibility for conducting environmental assessments under the EPBC Act and, in certain circumstances, the responsibility for granting environmental approvals under the EPBC Act. Bilateral agreements may also deal with various other matters, such as management plans for World Heritage properties and cooperation on monitoring and enforcement. To view or download of copy of the bilateral agreement between the Commonwealth and Western Australia click here
