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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Environmental Protection Amendment Bill 2024
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Environmental Protection
Authority
3. Act amended 3
4. Section 7 amended 3
5. Section 7A inserted 4
7A. Authority member unable to act 4
6. Section 11 amended 5
7. Section 12 amended 5
Part 3 -- Ministerial statement of
expectation
8. Act amended 7
9. Section 21 amended 7
10. Part II Division 1A inserted 7
Division 1A -- Ministerial statement of expectation
21A. Terms used 7
21B. Minister to issue ministerial statement of
expectation 7
21C. Review and reissue of expectation
statement 8
21D. Expectation statement to be laid before
Parliament 9
21E. Expectation statement to be published 9
180--1 page i
Environmental Protection Amendment Bill 2024
Contents
Part 4 -- Environmental impact
assessment
Division 1 -- Parallel decision-making
Subdivision 1 -- Amendments to current provisions
of Environmental Protection Act 1986
11. Act amended 10
12. Section 3 amended 10
13. Section 41 amended 10
14. Section 41A amended 12
15. Part IV Division 2A heading amended 12
16. Section 48AB inserted 12
48AB. Reporting on matters relating to proposals 12
17. Section 51F amended 13
18. Section 51K amended 14
19. Section 51KB amended 14
20. Section 54 amended 15
21. Section 57 amended 16
22. Section 59 amended 17
23. Section 59B amended 17
24. Section 105 amended 18
Subdivision 2 -- Amendments to provisions of
Environmental Protection Act 1986 to be
inserted by Environmental Protection
Amendment Act 2020
25. Act amended 18
26. Section 55 amended 18
27. Section 60A amended 19
28. Section 105 amended 20
Division 2 -- Assessment reports
29. Act amended 20
30. Section 44 amended 20
Division 3 -- Decisions not to assess proposals
31. Act amended 21
32. Section 38G amended 21
33. Section 41 amended 21
34. Section 43 amended 21
35. Section 100 amended 22
36. Section 101 amended 22
page ii
Environmental Protection Amendment Bill 2024
Contents
Division 4 -- Offence if proposal implemented
before assessment completed
37. Act amended 22
38. Section 99AA amended 22
39. Schedule 1 amended 23
Part 5 -- Transitional provisions
40. Act amended 24
41. Section 133E amended 24
42. Part IX Division 5 inserted 24
Division 5 -- Transitional provisions for
Environmental Protection Amendment
Act 2024
Subdivision 1 -- Preliminary
133Q. Terms used 24
133R. Application of Interpretation Act 1984 24
Subdivision 2 -- Main provisions
133S. Transitional regulations 25
133T. Existing Authority members 26
133U. Parallel decision-making: section 41 27
133V. Parallel decision-making: Part V 27
133W. Existing appeals against Authority's
decision not to assess proposal 29
133X. Exemption order 30
133Y. Amendment to Environmental Protection
Regulations 1987 r. 5DA 30
Part 6 -- Validation
Division 1 -- Environmental Protection Act 1986
amended
43. Act amended 31
44. Section 59A amended 31
45. Part X Division 1 heading inserted 31
Division 1 -- Provisions relating to The Wilderness
Society v Minister for Environment
46. Section 134 amended 31
47. Part X Division 2 inserted 32
Division 2 -- Provisions relating to licences that
ceased to have effect due to non-payment of
licence fee
138. Terms used 32
139. Validation 32
page iii
Environmental Protection Amendment Bill 2024
Contents
140. CEO notified holder of licence that licence
had ceased to have effect 35
141. Licence replaced by new licence before
validation day 36
Division 2 -- Environmental Protection
Regulations 1987 amended
48. Regulations amended 37
49. Regulation 5DA amended 37
page iv
Western Australia
LEGISLATIVE ASSEMBLY
Environmental Protection Amendment Bill 2024
A Bill for
An Act to amend the Environmental Protection Act 1986 and the
Environmental Protection Regulations 1987.
The Parliament of Western Australia enacts as follows:
page 1
Environmental Protection Amendment Bill 2024
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Environmental Protection Amendment Act 2024.
4 2. Commencement
5 (1) This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent (assent day);
8 (b) Part 4 Division 1 Subdivision 1 -- on a day fixed by
9 proclamation;
10 (c) Part 4 Division 1 Subdivision 2 --
11 (i) if Part 4 Division 1 Subdivision 1 comes into
12 operation under paragraph (b) on or before the
13 day on which the Environmental Protection
14 Amendment Act 2020 section 60 comes into
15 operation -- immediately after the
16 Environmental Protection Amendment Act 2020
17 section 60 comes into operation; or
18 (ii) otherwise -- on the day on which Part 4
19 Division 1 Subdivision 1 comes into operation;
20 (d) Part 4 Division 4 -- on a day fixed by proclamation;
21 (e) the rest of the Act -- on the day after assent day.
22 (2) If Part 4 Division 1 Subdivision 1 does not come into operation
23 under subsection (1)(b) before the Environmental Protection
24 Amendment Act 2020 section 60 comes into operation,
25 sections 20, 21, 22, 23 and 24 --
26 (a) do not come into operation; and
27 (b) are deleted when the Environmental Protection
28 Amendment Act 2020 section 60 comes into operation.
page 2
Environmental Protection Amendment Bill 2024
Environmental Protection Authority Part 2
s. 3
1 Part 2 -- Environmental Protection Authority
2 3. Act amended
3 This Part amends the Environmental Protection Act 1986.
4 4. Section 7 amended
5 (1) Delete section 7(2) and insert:
6
7 (2) The Authority consists of 5 to 9 members appointed by
8 the Governor on the recommendation of the Minister.
9 (2A) The Minister can recommend a person under
10 subsection (2) only if the Minister is satisfied that the
11 person has --
12 (a) a suitable level of interest in, and experience of,
13 matters affecting the environment generally;
14 and
15 (b) a suitable level of knowledge, skills, experience
16 or qualifications in 1 or more of the following
17 fields --
18 (i) environmental science;
19 (ii) natural resource and biodiversity
20 management;
21 (iii) waste management and pollution
22 control;
23 (iv) industry, commerce or economic
24 development;
25 (v) public administration, governance,
26 regulation or law;
27 (vi) regional areas and issues.
28
page 3
Environmental Protection Amendment Bill 2024
Part 2 Environmental Protection Authority
s. 5
1 (2) In section 7(6) delete "5" and insert:
2
3 3
4
5 5. Section 7A inserted
6 After section 7 insert:
7
8 7A. Authority member unable to act
9 (1) Subsection (2) applies if --
10 (a) the Minister is satisfied that the Chair or
11 Deputy Chair is unable to act by reason of
12 illness, absence or other cause; or
13 (b) the office of Chair or Deputy Chair is vacant.
14 (2) The Governor may, on the Minister's recommendation,
15 appoint an Authority member to act temporarily as the
16 Chair or Deputy Chair (as the case requires).
17 (3) Subsection (4) applies if the Minister is satisfied that an
18 Authority member, other than the Chair or Deputy
19 Chair, is unable to act by reason of illness, absence or
20 other cause.
21 (4) The Governor may, on the Minister's recommendation,
22 appoint a person as an alternate Authority member to
23 act temporarily in the Authority member's place.
24 (5) The Minister can recommend a person under
25 subsection (4) only if the Minister is satisfied in
26 relation to the person as set out in section 7(2A).
27 (6) The Governor's power to appoint a person under
28 subsection (4) is subject to section 7(5).
page 4
Environmental Protection Amendment Bill 2024
Environmental Protection Authority Part 2
s. 6
1 (7) The remuneration, travelling and other allowances and
2 other terms and conditions of appointment of an
3 alternate Authority member are those that the Minister,
4 on the recommendation of the Public Sector
5 Commissioner, determines for the alternate Authority
6 member.
7 (8) While acting in accordance with their appointment
8 under subsection (4), an alternate Authority member is
9 taken to be an Authority member (subject to
10 subsection (7) which applies instead of section 9).
11 (9) An act or omission of a person acting in an office under
12 this section cannot be questioned on the ground that the
13 occasion to act in the office had not arisen or had
14 ceased.
15
16 6. Section 11 amended
17 In section 11(2)(c) delete "subject to section 12(5)(b),".
18 7. Section 12 amended
19 (1) Delete section 12(1) and insert:
20
21 (1) If an Authority member has a direct or indirect
22 pecuniary interest in a matter that is, or is to be, before
23 a meeting of the Authority, the Authority member must
24 disclose the nature of the interest.
25 (1A) The disclosure must --
26 (a) be made as soon as possible after the relevant
27 facts have come to the Authority member's
28 knowledge; and
29 (b) be made to the Authority prior to the meeting
30 or, if that is not possible, be made to the
31 Authority members who are at the meeting; and
page 5
Environmental Protection Amendment Bill 2024
Part 2 Environmental Protection Authority
s. 7
1 (c) be recorded in the minutes of the proceedings
2 of the meeting.
3
4 (2) Delete section 12(5) and insert:
5
6 (5) If an Authority member discloses an interest in a matter
7 under subsection (1), or is determined under
8 subsection (3) to have an interest in a matter, the
9 Authority member cannot be present at the meeting for
10 any consideration or discussion of, or vote on, the
11 matter.
12
page 6
Environmental Protection Amendment Bill 2024
Ministerial statement of expectation Part 3
s. 8
1 Part 3 -- Ministerial statement of expectation
2 8. Act amended
3 This Part amends the Environmental Protection Act 1986.
4 9. Section 21 amended
5 After section 21(a) insert:
6
7 (aa) how the Authority, during that financial year,
8 has had regard to the expectation statement (as
9 defined in section 21A) as required under
10 section 21B(5); and
11
12 10. Part II Division 1A inserted
13 After section 21 insert:
14
15 Division 1A -- Ministerial statement of expectation
16 21A. Terms used
17 In this Division --
18 effective day means the day on which the expectation
19 statement takes effect under section 21B(4);
20 expectation statement means the ministerial statement
21 of expectation required under section 21B(1), as it may
22 from time to time be reissued under section 21C(1)(b).
23 21B. Minister to issue ministerial statement of
24 expectation
25 (1) The Minister must issue a ministerial statement of
26 expectation to the Authority.
page 7
Environmental Protection Amendment Bill 2024
Part 3 Ministerial statement of expectation
s. 10
1 (2) The purpose of the expectation statement is to set out
2 the Minister's objectives on matters relating to the
3 Authority's functions.
4 (3) It is for the Minister to determine which matters are to
5 be covered by the expectation statement.
6 (4) The expectation statement takes effect on the day after
7 the day on which it is issued under subsection (1).
8 (5) In performing its functions, the Authority must have
9 regard to the expectation statement.
10 21C. Review and reissue of expectation statement
11 (1) The Minister may do either of the following at any
12 time --
13 (a) review the expectation statement;
14 (b) reissue the expectation statement to the
15 Authority, either as an amended statement or a
16 new statement.
17 (2) Subsection (3) applies if, after the effective day, there
18 is any 4-year period during which the Minister does not
19 review the expectation statement under
20 subsection (1)(a).
21 (3) The Minister must review the expectation statement
22 under subsection (1)(a) as soon as practicable after the
23 end of the 4-year period.
24 (4) A reissue of the expectation statement under
25 subsection (1)(b) takes effect on the day after the day
26 on which it is reissued or on a later day specified in the
27 reissued expectation statement.
page 8
Environmental Protection Amendment Bill 2024
Ministerial statement of expectation Part 3
s. 10
1 21D. Expectation statement to be laid before Parliament
2 (1) The Minister must cause a copy of the expectation
3 statement to be laid before each House of Parliament
4 within 9 sitting days of that House after the day on
5 which the expectation statement is issued under
6 section 21B(1).
7 (2) If the expectation statement is reissued under
8 section 21C(1)(b), the Minister must cause a copy of
9 the reissued expectation statement to be laid before
10 each House of Parliament within 9 sitting days of that
11 House after the day on which the expectation statement
12 is reissued.
13 21E. Expectation statement to be published
14 The Authority must cause the expectation statement to
15 be published.
16
page 9
Environmental Protection Amendment Bill 2024
Part 4 Environmental impact assessment
Division 1 Parallel decision-making
s. 11
1 Part 4 -- Environmental impact assessment
2 Division 1 -- Parallel decision-making
3 Subdivision 1 -- Amendments to current provisions of
4 Environmental Protection Act 1986
5 11. Act amended
6 This Subdivision amends the Environmental Protection
7 Act 1986.
8 12. Section 3 amended
9 In section 3(1) insert in alphabetical order:
10
11 minor or preliminary work includes any work
12 prescribed as minor or preliminary work under
13 section 41A(4);
14
15 13. Section 41 amended
16 (1) Before section 41(2) insert:
17
18 (1A) In this section --
19 restricted decision means a decision of a prescribed
20 class.
21
22 (2) In section 41(2) and (3) delete "any decision" and insert:
23
24 any restricted decision
25
page 10
Environmental Protection Amendment Bill 2024
Environmental impact assessment Part 4
Parallel decision-making Division 1
s. 13
1 (3) In section 41(4) and (5) delete "a decision" and insert:
2
3 a restricted decision
4
5 (4) After section 41(5) insert:
6
7 (6) Regulations made for the purposes of the definition of
8 restricted decision in subsection (1A) may (without
9 limitation) describe a class of decision by reference to
10 any of the following --
11 (a) the written law, or the provision of a written
12 law, under which the decision is made;
13 (b) the agreement to which the State is a party and
14 which is ratified or approved by an Act, or the
15 provision of such an agreement, under which
16 the decision is made;
17 (c) the public authority which has the power or
18 duty to make the decision;
19 (d) any characteristic of, or other circumstance or
20 matter relating to, the proposal in relation to
21 which the decision is made.
22
23 (5) At the end of section 41 insert:
24
25 Note for this section:
26 Section 41A makes it an offence for a person to do anything
27 to implement a proposal in the circumstances set out in that
28 section. The offence applies even if the person is acting
29 under a decision of a decision-making authority that this
30 section did not preclude the decision-making authority from
31 making.
32
33 Note: The heading to amended section 41 is to read:
34 Restrictions on decisions by decision-making authorities
page 11
Environmental Protection Amendment Bill 2024
Part 4 Environmental impact assessment
Division 1 Parallel decision-making
s. 14
1 14. Section 41A amended
2 After section 41A(3) insert:
3
4 (4) Regulations may prescribe work that is minor or
5 preliminary work for the purposes of this Act.
6
7 15. Part IV Division 2A heading amended
8 In the heading to Part IV Division 2A delete "Payments" and
9 insert:
10
11 Supplementary provisions
12
13 16. Section 48AB inserted
14 At the end of Part IV Division 2A insert:
15
16 48AB. Reporting on matters relating to proposals
17 (1) Regulations may require the Authority to report to
18 decision-making authorities on matters relating to the
19 referral, assessment or implementation of a proposal
20 under Division 1 or 2.
21 (2) Regulations may require a decision-making authority
22 to report to the Authority or other decision-making
23 authorities (or both) on matters relating to the
24 decision-making authority's decisions or other
25 activities in respect of a proposal that has been referred
26 or is required to be referred, or that is being assessed or
27 implemented, under Division 1 or 2.
28 (3) Regulations may make provision about the timing,
29 form or content of reports under this section.
30
page 12
Environmental Protection Amendment Bill 2024
Environmental impact assessment Part 4
Parallel decision-making Division 1
s. 17
1 17. Section 51F amended
2 (1) Delete section 51F(2) and insert:
3
4 (2) For the purposes of this section, proposed clearing is
5 related to a proposal if the clearing --
6 (a) is part of the proposal; or
7 (b) is otherwise connected or associated with the
8 proposal in such a way that the clearing would
9 not need to be done if the implementation of the
10 proposal did not proceed.
11
12 (2) Delete section 51F(4).
13 (3) Delete section 51F(5) and insert:
14
15 (5) If a Ministerial statement is in effect in respect of a
16 referred proposal, the CEO must not make a clearing
17 decision concerning proposed clearing that is related to
18 the referred proposal if the decision is contrary to, or
19 otherwise than in accordance with, the Ministerial
20 statement.
21
22 (4) In section 51F(6) delete "Subsections (4) and (5) do" and insert:
23
24 Subsection (5) does
25
26 Note: The heading to amended section 51F is to read:
27 Decisions about clearing related to proposals
page 13
Environmental Protection Amendment Bill 2024
Part 4 Environmental impact assessment
Division 1 Parallel decision-making
s. 18
1 18. Section 51K amended
2 After section 51K(1)(g) insert:
3
4 (ga) amending the clearing permit to ensure that it is
5 not contrary to, and that it otherwise accords
6 with, a Ministerial statement; or
7
8 19. Section 51KB amended
9 (1) Delete section 51KB(1) and insert:
10
11 (1) For the purposes of this section, an amendment of a
12 clearing permit (a proposed amendment) is related to a
13 proposal if the proposed amendment --
14 (a) concerns clearing, or proposed clearing, that is
15 part of the proposal; or
16 (b) is otherwise connected or associated with the
17 proposal in such a way that the proposed
18 amendment would not need to be made if the
19 implementation of the proposal did not proceed.
20
21 (2) Delete section 51KB(2).
22 (3) Delete section 51KB(3) and insert:
23
24 (3) If a Ministerial statement is in effect in respect of a
25 referred proposal, the CEO must not make a proposed
26 amendment that is related to the referred proposal if the
27 proposed amendment is contrary to, or otherwise than
28 in accordance with, the Ministerial statement.
page 14
Environmental Protection Amendment Bill 2024
Environmental impact assessment Part 4
Parallel decision-making Division 1
s. 20
1 (3A) Subsection (3) does not apply if the proposed
2 amendment is for the purpose of doing minor or
3 preliminary work to which the Authority has consented
4 under section 41A(3).
5
6 (4) In section 51KB(4) delete "referred".
7 Note: The heading to amended section 51KB is to read:
8 Amendments to clearing permits related to proposals
9 20. Section 54 amended
10 (1) Delete section 54(4) and insert:
11
12 (3B) Subsection (4) applies, subject to subsection (5A), if --
13 (a) an application for a works approval made under
14 subsection (1) is related to a referred proposal;
15 and
16 (b) a Ministerial statement is in effect in respect of
17 the referred proposal.
18 (4) The CEO must not perform any duty imposed under
19 subsection (3) contrary to, or otherwise than in
20 accordance with, the Ministerial statement.
21
22 (2) After section 54(5) insert:
23
24 (6) For the purposes of this section, an application for a
25 works approval made under subsection (1) is related to
26 a proposal if the works approval --
27 (a) would concern an activity, or proposed activity,
28 that is part of the proposal; or
page 15
Environmental Protection Amendment Bill 2024
Part 4 Environmental impact assessment
Division 1 Parallel decision-making
s. 21
1 (b) would otherwise be connected or associated
2 with the proposal in such a way that the works
3 approval would not be needed if the
4 implementation of the proposal did not proceed.
5
6 21. Section 57 amended
7 (1) Delete section 57(4) and insert:
8
9 (3B) Subsection (4) applies, subject to subsection (4AA),
10 if --
11 (a) an application for a licence made under
12 subsection (1) is related to a referred proposal;
13 and
14 (b) a Ministerial statement is in effect in respect of
15 the referred proposal.
16 (4) The CEO must not perform any duty imposed under
17 subsection (3) contrary to, or otherwise than in
18 accordance with, the Ministerial statement.
19
20 (2) After section 57(5) insert:
21
22 (6) For the purposes of this section, an application for a
23 licence made under subsection (1) is related to a
24 proposal if the licence --
25 (a) would concern an activity, or proposed activity,
26 that is part of the proposal; or
27 (b) would otherwise be connected or associated
28 with the proposal in such a way that the licence
29 would not be needed if the implementation of
30 the proposal did not proceed.
31
page 16
Environmental Protection Amendment Bill 2024
Environmental impact assessment Part 4
Parallel decision-making Division 1
s. 22
1 22. Section 59 amended
2 After section 59(1)(i) insert:
3
4 (ia) amending the works approval or licence to
5 ensure that it is not contrary to, and that it
6 otherwise accords with, a Ministerial statement;
7 or
8
9 23. Section 59B amended
10 (1) Delete section 59B(7) and insert:
11
12 (6A) Subsection (7) applies if --
13 (a) a proposed amendment, revocation or
14 suspension is related to a referred proposal; and
15 (b) a Ministerial statement is in effect in respect of
16 the referred proposal.
17 (7) The CEO must not amend, revoke or suspend contrary
18 to, or otherwise than in accordance with, the
19 Ministerial statement.
20
21 (2) After section 59B(10) insert:
22
23 (11) For the purposes of this section, a proposed
24 amendment, revocation or suspension is related to a
25 proposal if the works approval or licence (or, if
26 relevant, the proposed amendment to the works
27 approval or licence) --
28 (a) concerns an activity, or proposed activity, that
29 is part of the proposal; or
page 17
Environmental Protection Amendment Bill 2024
Part 4 Environmental impact assessment
Division 1 Parallel decision-making
s. 24
1 (b) is otherwise connected or associated with the
2 proposal in such a way that the works approval
3 or licence (or, if relevant, the proposed
4 amendment) would not be needed if the
5 implementation of the proposal did not proceed.
6
7 24. Section 105 amended
8 In section 105:
9 (a) in paragraph (aa) delete "(g)" and insert:
10
11 (g), (ga)
12
13 (b) in paragraph (b) delete "(i)" and insert:
14
15 (i), (ia)
16
17 Subdivision 2 -- Amendments to provisions of Environmental
18 Protection Act 1986 to be inserted by Environmental Protection
19 Amendment Act 2020
20 25. Act amended
21 This Subdivision amends the Environmental Protection
22 Act 1986.
23 26. Section 55 amended
24 After section 55(3)(i) insert:
25
26 (ia) amending the licence to ensure that it is not
27 contrary to, and that it otherwise accords with,
28 a Ministerial statement; or
29
page 18
Environmental Protection Amendment Bill 2024
Environmental impact assessment Part 4
Parallel decision-making Division 1
s. 27
1 27. Section 60A amended
2 (1) Delete section 60A(1) and insert:
3
4 (1) For the purposes of this section, the grant, amendment
5 or transfer of a licence (a proposed grant, amendment
6 or transfer) is related to a proposal if the proposed
7 grant, amendment or transfer --
8 (a) concerns an activity, or proposed activity, that
9 is part of the proposal; or
10 (b) is otherwise connected or associated with the
11 proposal in such a way that the proposed grant,
12 amendment or transfer would not need to be
13 made if the implementation of the proposal did
14 not proceed.
15
16 (2) Delete section 60A(2).
17 (3) Delete section 60A(3) and insert:
18
19 (2A) Subsection (3) applies, subject to subsection (4), if --
20 (a) a proposed grant, amendment or transfer is
21 related to a referred proposal; and
22 (b) a Ministerial statement is in effect in respect of
23 the referred proposal.
24 (3) The CEO must not make the proposed grant,
25 amendment or transfer if the proposed grant,
26 amendment or transfer is contrary to, or otherwise than
27 in accordance with, the Ministerial statement.
28
page 19
Environmental Protection Amendment Bill 2024
Part 4 Environmental impact assessment
Division 2 Assessment reports
s. 28
1 (4) In section 60A(4) delete "Subsections (2) and (3) do" and insert:
2
3 Subsection (3) does
4
5 (5) In section 60A(5) delete "referred".
6 Note: The heading to amended section 60A is to read:
7 Decisions about licences related to proposals
8 28. Section 105 amended
9 In section 105:
10 (a) in paragraph (b) delete "(g)" and insert:
11
12 (g), (ga)
13
14 (b) in paragraph (c) delete "(i)" and insert:
15
16 (i), (ia)
17
18 Division 2 -- Assessment reports
19 29. Act amended
20 This Division amends the Environmental Protection Act 1986.
21 30. Section 44 amended
22 After section 44(3) insert:
23
24 (4) If a direction is given under subsection (2c), the
25 Minister must cause copies of the reasons for giving
26 the direction to be --
27 (a) given to the Authority; and
page 20
Environmental Protection Amendment Bill 2024
Environmental impact assessment Part 4
Decisions not to assess proposals Division 3
s. 31
1 (b) published as soon as practicable after the
2 direction is given.
3
4 Division 3 -- Decisions not to assess proposals
5 31. Act amended
6 This Division amends the Environmental Protection Act 1986.
7 32. Section 38G amended
8 In section 38G(1):
9 (a) in paragraph (b)(iii) delete "proposal." and insert:
10
11 proposal;
12
13 (b) after paragraph (b) insert:
14
15 and
16 (c) if the Authority decides not to assess the
17 proposal -- publish a summary of the
18 Authority's reasons for the decision.
19
20 33. Section 41 amended
21 Delete section 41(2)(c) and insert:
22
23 (c) it is informed under section 38G(1)(b)(iii) that
24 the Authority is not going to assess the
25 proposal; or
26
27 34. Section 43 amended
28 Delete section 43(3A).
page 21
Environmental Protection Amendment Bill 2024
Part 4 Environmental impact assessment
Division 4 Offence if proposal implemented before assessment
completed
s. 35
1 35. Section 100 amended
2 Delete section 100(1)(a), (1a) and (3a)(a).
3 36. Section 101 amended
4 (1) Delete section 101(1)(b) and (c).
5 (2) Delete section 101(2) and insert:
6
7 (2) If the Minister remits under subsection (1)(d) a
8 proposal to the Authority for assessment, further
9 assessment or reassessment and makes a direction
10 under section 43 --
11 (a) such portions of the procedure laid down by
12 sections 40 to 48 as are appropriate apply to the
13 proposal; and
14 (b) those portions must be completed within the
15 period specified by the Minister in the remittal.
16
17 (3) Delete section 101(3)(a).
18 Division 4 -- Offence if proposal implemented before
19 assessment completed
20 37. Act amended
21 This Division amends the Environmental Protection Act 1986.
22 38. Section 99AA amended
23 In section 99AA in the definition of prescribed offence in the
24 Table insert in numerical order:
25
26 s. 41A(1)
27
page 22
Environmental Protection Amendment Bill 2024
Environmental impact assessment Part 4
Offence if proposal implemented before assessment Division 4
completed
s. 39
1 39. Schedule 1 amended
2 (1) After Schedule 1 Part 1 Division 1 item 1 insert:
3
1A 41A(1) $125 000 $25 000
4
5 (2) After Schedule 1 Part 1 Division 2 item 1 insert:
6
1A 41A(1) $250 000 $50 000
7
8 (3) Delete Schedule 1 Part 2 Division 1 item 1.
9 (4) Delete Schedule 1 Part 2 Division 2 item 1.
page 23
Environmental Protection Amendment Bill 2024
Part 5 Transitional provisions
s. 40
1 Part 5 -- Transitional provisions
2 40. Act amended
3 This Part amends the Environmental Protection Act 1986.
4 41. Section 133E amended
5 In section 133E in the definition of existing Act after "by"
6 insert:
7
8 section 60 of
9
10 42. Part IX Division 5 inserted
11 At the end of Part IX insert:
12
13 Division 5 -- Transitional provisions for Environmental
14 Protection Amendment Act 2024
15 Subdivision 1 -- Preliminary
16 133Q. Terms used
17 In this Division --
18 amending Act means the Environmental Protection
19 Amendment Act 2024;
20 transitional regulations means regulations made for
21 the purposes of section 133S(2).
22 133R. Application of Interpretation Act 1984
23 The Interpretation Act 1984 Part V applies in relation
24 to amendments made by the amending Act subject to
25 this Division and transitional regulations.
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Environmental Protection Amendment Bill 2024
Transitional provisions Part 5
s. 42
1 Subdivision 2 -- Main provisions
2 133S. Transitional regulations
3 (1) In this section --
4 publication day, for transitional regulations, means the
5 day on which the regulations are published in
6 accordance with the Interpretation Act 1984
7 section 41(1)(a);
8 specified means specified or described in transitional
9 regulations;
10 transitional matter means a matter or issue of a
11 transitional, savings or application nature.
12 (2) Regulations may prescribe anything required,
13 necessary or convenient to be prescribed in relation to a
14 transitional matter in connection with the enactment of,
15 or any amendment made by, the amending Act.
16 (3) Without limiting subsection (2), transitional regulations
17 may provide for specified provisions of this Act or
18 another written law --
19 (a) not to apply to, or in relation to, a specified
20 matter or thing; or
21 (b) to apply with specified modifications to, or in
22 relation to, a specified matter or thing.
23 (4) Without limiting subsection (2), if
24 sections 20, 21, 22, 23 and 24 of the amending Act do
25 not come into operation under section 2(2) of the
26 amending Act, transitional regulations may, for the
27 purposes of Division 4 Subdivision 3, provide for the
28 former provisions (as defined in section 133E) to be
29 taken to be amended in accordance with
30 sections 20, 21, 22, 23 and 24 of the amending Act.
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Environmental Protection Amendment Bill 2024
Part 5 Transitional provisions
s. 42
1 (5) If transitional regulations provide that a specified state
2 of affairs is taken to have existed, or not to have
3 existed, on and after a day that is earlier than
4 publication day but not earlier than the day on which
5 Part 5 of the amending Act comes into operation, the
6 transitional regulations have effect according to their
7 terms.
8 (6) If transitional regulations contain a provision referred
9 to in subsection (5), the provision does not operate so
10 as --
11 (a) to affect in a manner prejudicial to a person
12 (other than the State or an authority of the
13 State) the rights of that person existing before
14 publication day; or
15 (b) to impose liabilities on a person (other than the
16 State or an authority of the State) in respect of
17 an act done or omission made before
18 publication day.
19 133T. Existing Authority members
20 (1) In this section --
21 amendment day means the day on which section 4 of
22 the amending Act comes into operation;
23 existing Authority member means a person who is an
24 Authority member immediately before amendment
25 day.
26 (2) Despite the amendments made to section 7 by section 4
27 of the amending Act, on and after amendment day, an
28 existing Authority member continues to hold office --
29 (a) for a term equal to the unfinished part of their
30 term of office as specified in their instrument of
31 appointment; and
page 26
Environmental Protection Amendment Bill 2024
Transitional provisions Part 5
s. 42
1 (b) otherwise in accordance with their instrument
2 of appointment.
3 (3) Subsection (2) does not affect the application of
4 section 7(7) or (8) to an existing Authority member.
5 133U. Parallel decision-making: section 41
6 (1) In this section --
7 amendment day means the day on which section 13 of
8 the amending Act comes into operation.
9 (2) Subsection (3) applies to a decision that, immediately
10 before amendment day, a decision-making authority is
11 precluded from making by section 41.
12 (3) On and after amendment day, the decision-making
13 authority is not precluded by section 41 from making
14 the decision unless the decision is a restricted decision
15 under the definition of that term in section 41(1A) as
16 inserted by section 13(1) of the amending Act.
17 133V. Parallel decision-making: Part V
18 (1) In this section --
19 amendment day, in relation to amendments made by a
20 provision of the amending Act, means the day on
21 which that provision comes into operation.
22 (2) The amendments made to section 51F by section 17 of
23 the amending Act apply in relation to a referral under
24 section 51DA(2) or an application for a clearing permit
25 that --
26 (a) is made before amendment day; and
27 (b) is still in progress immediately before
28 amendment day.
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Environmental Protection Amendment Bill 2024
Part 5 Transitional provisions
s. 42
1 (3) The amendments made to section 51KB by section 19
2 of the amending Act apply in relation to either of the
3 following that is made or arises before amendment day
4 and is still in progress immediately before amendment
5 day --
6 (a) an application for an amendment to a clearing
7 permit;
8 (b) an initiative of the CEO to amend a clearing
9 permit.
10 (4) The amendments made to section 54 by section 20 of
11 the amending Act apply in relation to an application for
12 a works approval that --
13 (a) is made under section 54(1) before amendment
14 day; and
15 (b) is still in progress immediately before
16 amendment day.
17 Note for this subsection:
18 Section 2(2) of the amending Act provides for a situation in
19 which section 20 of the amending Act does not come into
20 operation.
21 (5) The amendments made to section 57 by section 21 of
22 the amending Act apply in relation to an application for
23 a licence that --
24 (a) is made under section 57(1) before amendment
25 day; and
26 (b) is still in progress immediately before
27 amendment day.
28 Note for this subsection:
29 Section 2(2) of the amending Act provides for a situation in
30 which section 21 of the amending Act does not come into
31 operation.
32 (6) The amendments made to section 59B by section 23 of
33 the amending Act apply in relation to any of the
34 following that is made or arises before amendment day
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Environmental Protection Amendment Bill 2024
Transitional provisions Part 5
s. 42
1 and is still in progress immediately before amendment
2 day --
3 (a) an application for an amendment to a works
4 approval or licence;
5 (b) an initiative of the CEO to amend a works
6 approval or licence;
7 (c) an application to surrender a works approval or
8 licence;
9 (d) an initiative of the CEO to revoke or suspend a
10 works approval or licence.
11 Note for this subsection:
12 Section 2(2) of the amending Act provides for a situation in
13 which section 23 of the amending Act does not come into
14 operation.
15 133W. Existing appeals against Authority's decision not to
16 assess proposal
17 (1) In this section --
18 amendment day means the day on which Part 4
19 Division 3 of the amending Act comes into operation;
20 existing appeal means an appeal under
21 section 100(1)(a), as in force before amendment day,
22 that is lodged with the Minister before amendment day.
23 (2) On and after amendment day, this Act continues to
24 apply in relation to an existing appeal as if Part 4
25 Division 3 of the amending Act had not come into
26 operation.
27 (3) Without limiting subsection (2), the amendment made
28 to section 41 by section 33 of the amending Act does
29 not apply in a case where an appeal against the
30 decision that the proposal not be assessed is lodged
31 before amendment day.
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Environmental Protection Amendment Bill 2024
Part 5 Transitional provisions
s. 42
1 (4) The amendments made by Part 4 Division 3 of the
2 amending Act apply in relation to a decision made
3 before amendment day that a proposal is not to be
4 assessed if --
5 (a) there is no existing appeal in respect of the
6 decision; and
7 (b) the period for lodging an appeal in respect of
8 the decision under section 100(1)(a), as in force
9 before amendment day, does not expire before
10 amendment day.
11 133X. Exemption order
12 (1) In the Environmental Protection (Darling Range
13 Bauxite Mining Proposals) Exemption Order 2023, a
14 reference to this Act, or a provision of this Act,
15 includes a reference to this Act, or the provision, as it
16 may be amended by the amending Act.
17 (2) This section does not limit or otherwise affect any
18 power to amend, revoke or replace the Environmental
19 Protection (Darling Range Bauxite Mining Proposals)
20 Exemption Order 2023.
21 133Y. Amendment to Environmental Protection
22 Regulations 1987 r. 5DA
23 The Environmental Protection Regulations 1987 may
24 be amended or repealed by regulations as if the
25 amendment made to regulation 5DA by section 49 of
26 the amending Act had been made by regulations.
27
page 30
Environmental Protection Amendment Bill 2024
Validation Part 6
Environmental Protection Act 1986 amended Division 1
s. 43
1 Part 6 -- Validation
2 Division 1 -- Environmental Protection Act 1986 amended
3 43. Act amended
4 This Division amends the Environmental Protection Act 1986.
5 44. Section 59A amended
6 After section 59A(2) insert:
7
8 (3) In addition to the grounds set out in subsection (2) and
9 without limiting Schedule 2 items 2 and 2A,
10 regulations may provide for a ground for revocation or
11 suspension of a works approval or licence in the case
12 of non-payment, or late payment, of a fee or charge in
13 respect of the works approval or licence.
14
15 45. Part X Division 1 heading inserted
16 At the beginning of Part X insert:
17
18 Division 1 -- Provisions relating to The Wilderness
19 Society v Minister for Environment
20
21 46. Section 134 amended
22 (1) In section 134(1) delete "Part --" and insert:
23
24 Division --
25
page 31
Environmental Protection Amendment Bill 2024
Part 6 Validation
Division 1 Environmental Protection Act 1986 amended
s. 47
1 (2) In section 134(2) delete "Part," and insert:
2
3 Division,
4
5 47. Part X Division 2 inserted
6 At the end of Part X insert:
7
8 Division 2 -- Provisions relating to licences that ceased
9 to have effect due to non-payment of licence fee
10 138. Terms used
11 In this Division --
12 licence means a licence granted under Part V
13 Division 3 before validation day;
14 regulation 5DA(3) means the Environmental
15 Protection Regulations 1987 regulation 5DA(3) as
16 inserted on 22 June 2004 by the Environmental
17 Protection Amendment Regulations 2004 regulation 6;
18 regulation 5DA(5) means the Environmental
19 Protection Regulations 1987 regulation 5DA(5) as
20 inserted on 22 June 2004 by the Environmental
21 Protection Amendment Regulations 2004 regulation 6;
22 validation day means the day on which the
23 Environmental Protection Amendment Act 2024 Part 6
24 comes into operation.
25 139. Validation
26 (1) Regulation 5DA(5) is taken to have had no effect
27 before validation day.
page 32
Environmental Protection Amendment Bill 2024
Validation Part 6
Environmental Protection Act 1986 amended Division 1
s. 47
1 (2) Subsections (3) to (8) --
2 (a) supplement subsection (1); and
3 (b) are not to be construed as limiting the effect of
4 subsection (1) or each other.
5 (3) A licence --
6 (a) is taken to have been, at all times before
7 validation day, as lawful, valid and effective as
8 it would have been if regulation 5DA(5) had
9 had no effect before validation day; and
10 (b) if relevant -- is taken to be, at all times on and
11 after validation day, as lawful, valid and
12 effective as it would be if regulation 5DA(5)
13 had had no effect before validation day.
14 (4) Any written law (including this Act) in force at any
15 time on or after 22 June 2004 is taken to have, or to
16 have had, the same effect at that time as if
17 regulation 5DA(5) had had no effect before validation
18 day.
19 (5) Anything done, or purportedly done, on or after
20 22 June 2004 is taken to be, and to have always been,
21 as lawful, valid and effective as it would be, or would
22 have been, if regulation 5DA(5) had had no effect
23 before validation day.
24 (6) In subsection (5), a reference to the doing of anything
25 includes a reference to an omission to do anything.
26 (7) The functions, rights, obligations and liabilities of the
27 State, and of all persons and bodies, are taken to be,
28 and to have always been, the same as if
29 regulation 5DA(5) had had no effect before validation
30 day.
page 33
Environmental Protection Amendment Bill 2024
Part 6 Validation
Division 1 Environmental Protection Act 1986 amended
s. 47
1 (8) An act or omission done or made on or after
2 22 June 2004 is taken to be, and to have always
3 been --
4 (a) an offence, or other contravention of a written
5 law (including this Act), if it would be, or
6 would have been, an offence or other
7 contravention if regulation 5DA(5) had had no
8 effect before validation day; and
9 (b) subject to the same punishment or other penalty
10 or consequences, whether criminal or civil, as it
11 would be, or would have been, if
12 regulation 5DA(5) had had no effect before
13 validation day.
14 (9) This section has effect despite The Criminal Code
15 section 11.
16 (10) Without limiting the effect of this section --
17 (a) if a person was convicted of an offence before
18 validation day -- this section has effect for the
19 purposes of any appeal proceedings in respect
20 of the conviction that --
21 (i) are commenced on or after validation
22 day; or
23 (ii) were commenced, but not completed,
24 before validation day;
25 and
26 (b) this section has effect for the purposes of any
27 proceedings against a person for an offence that
28 were commenced, but not completed, before
29 validation day; and
30 (c) proceedings may be commenced on or after
31 validation day against a person for an offence
32 on the basis that the person is taken by virtue of
page 34
Environmental Protection Amendment Bill 2024
Validation Part 6
Environmental Protection Act 1986 amended Division 1
s. 47
1 this section to have committed the offence on
2 or after 22 June 2004; and
3 (d) to the extent not covered by paragraphs (a)
4 to (c), this section has effect for the purposes of
5 any criminal or civil proceedings in or before a
6 court (including appeal proceedings) that relate
7 to an act or omission occurring, or other matter
8 arising, on or after 22 June 2004 and that --
9 (i) are commenced on or after validation
10 day; or
11 (ii) were commenced, but not completed,
12 before validation day.
13 (11) This section is subject to sections 140 and 141.
14 140. CEO notified holder of licence that licence had
15 ceased to have effect
16 (1) In this section (to avoid doubt) --
17 (a) references to a licence include a licence that,
18 apart from this section, would be taken by
19 virtue of section 139 to have been in effect
20 before validation day; and
21 (b) references to a fee payable for a period under
22 regulation 5DA(3) include a fee that, apart from
23 this section, would be taken by virtue of
24 section 139 to have been so payable before
25 validation day.
26 (2) Subsection (3) applies (subject to subsection (4)) if,
27 before validation day, the CEO gave written notice to
28 the holder of a licence to the effect that the licence had
29 ceased to have effect under regulation 5DA(5) because
30 of the non-payment of a fee payable for a period under
31 regulation 5DA(3).
page 35
Environmental Protection Amendment Bill 2024
Part 6 Validation
Division 1 Environmental Protection Act 1986 amended
s. 47
1 (3) The licence is taken to have ceased to have effect under
2 regulation 5DA(5) as notified by the CEO.
3 (4) Subsection (3) does not apply if, before validation
4 day --
5 (a) the CEO issued to the holder of the licence an
6 invoice setting out the amount of the fee as
7 calculated by the CEO and the holder paid that
8 amount to the CEO; or
9 (b) the holder of the licence otherwise paid an
10 amount to the CEO and the CEO accepted the
11 payment as payment of the fee; or
12 (c) there was a dispute between the holder of the
13 licence and the CEO as to the amount of the fee
14 and the holder paid the CEO the amount of the
15 fee to the extent undisputed.
16 141. Licence replaced by new licence before validation
17 day
18 (1) Subsection (2) applies to a licence (the relevant
19 licence) if --
20 (a) apart from subsection (2), the relevant licence
21 would be taken by virtue of section 139 to have
22 been in effect in respect of any premises (the
23 relevant premises) at a time (the relevant time)
24 before validation day; and
25 (b) at the relevant time, a new licence was granted
26 in respect of the relevant premises or in respect
27 of premises that were substantially the same as
28 the relevant premises.
29 (2) The relevant licence is taken to have been revoked
30 under section 59A at the relevant time on the
31 application of the holder of the relevant licence under
32 section 59A(2)(e).
33
page 36
Environmental Protection Amendment Bill 2024
Validation Part 6
Environmental Protection Regulations 1987 amended Division 2
s. 48
1 Division 2 -- Environmental Protection Regulations 1987
2 amended
3 48. Regulations amended
4 This Division amends the Environmental Protection
5 Regulations 1987.
6 49. Regulation 5DA amended
7 Delete regulation 5DA(4) and (5) and insert:
8
9 (4) If the licence holder does not pay a fee under
10 subregulation (3) on time, the licence holder must pay,
11 in addition to the fee under subregulation (3) --
12 (a) if the licence holder pays the fee under
13 subregulation (3) before the end of the period
14 of 30 days after the anniversary before which
15 the fee should have been paid -- a late payment
16 fee of 10 units; or
17 (b) otherwise -- a late payment fee of 20 units.
18 (5) For the purposes of section 59A(1) of the Act, each of
19 the following is a ground for revocation or suspension
20 of a licence --
21 (a) the licence holder does not pay a fee under
22 subregulation (3) before the end of the period
23 of 60 days after the anniversary before which
24 the fee should have been paid;
25 (b) the licence holder does not pay a late payment
26 fee under subregulation (4)(a) or (b) before the
27 end of the period of 60 days after the
28 anniversary before which the fee under
29 subregulation (3) should have been paid.
page 37
Environmental Protection Amendment Bill 2024
Part 6 Validation
Division 2 Environmental Protection Regulations 1987
s. 49
1 (6) Subregulations (4) and (5) apply only if the anniversary
2 before which the fee under subregulation (3) should
3 have been paid is after validation day.
4 (7) On and after validation day, subregulation (4) (but not
5 subregulation (5)), as deleted by the Environmental
6 Protection Amendment Act 2024 section 49, continues
7 to apply as if that subregulation (4) were still in force
8 for cases where --
9 (a) a licence holder does not pay a fee under
10 subregulation (3) on time; and
11 (b) the anniversary before which the fee should
12 have been paid is on or before validation day.
13 (8) In subregulations (6) and (7) --
14 validation day has the meaning given in section 138 of
15 the Act.
16
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