Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 133W

133W .         Existing appeals against Authority’s decision not to assess proposal

        (1)         In this section —

        amendment day means the day on which Part 4 Division 3 of the amending Act comes into operation;

        existing appeal means an appeal under section 100(1)(a), as in force before amendment day, that is lodged with the Minister before amendment day.

        (2)         On and after amendment day, this Act continues to apply in relation to an existing appeal as if Part 4 Division 3 of the amending Act had not come into operation.

        (3)         Without limiting subsection (2), the amendment made to section 41 by section 33 of the amending Act does not apply in a case where an appeal against the decision that the proposal not be assessed is lodged before amendment day.

        (4)         The amendments made by Part 4 Division 3 of the amending Act apply in relation to a decision made before amendment day that a proposal is not to be assessed if —

            (a)         there is no existing appeal in respect of the decision; and

            (b)         the period for lodging an appeal in respect of the decision under section 100(1)(a), as in force before amendment day, does not expire before amendment day.

        [Section 133W inserted: No. 36 of 2024 s. 42.]