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.]
[Heading inserted: No. 36 of 2024 s. 47.]