(1) The Authority
shall, if it considers it necessary or desirable for —
(a) the
protection of any portion of the environment; or
(b) the
prevention, control or abatement of pollution or environmental harm,
that an environmental
protection policy be approved under section 31(d) —
(c)
prepare a draft of the environmental protection policy, having regard to the
description of, and requirements in respect of, an approved policy set out in
section 35; and
(d)
cause a notice containing prescribed particulars of the draft referred to in
paragraph (c), including the places at which, and the period during which,
that draft will be available for public inspection, to be published —
(i)
in the Gazette ; and
(ii)
if the regulations so require, in any other manner
specified in the regulations;
and
(e) make
reasonable endeavours to consult in respect of the draft referred to in
paragraph (c) such public authorities and persons as appear to the Authority
to be likely to be affected by that draft; and
(f) in
the case of a draft of an environmental protection policy concerned with the
protection of a portion of the environment confined to, or with the
prevention, control or abatement of pollution or environmental harm in, a
particular local government district or districts, consult the Western
Australian Planning Commission and the local government or local governments
of the relevant district or districts in respect of that draft.
(2) If the draft
policy does not identify an area of the State to which it applies,
consultation shall be carried out under subsection (1) as if the draft policy
applied to the whole of the State.
[Section 26 amended: No. 14 of 1996 s. 4; No. 23
of 1996 s. 15; No. 54 of 2003 s. 32 and 91; No. 40 of 2020 s. 13.]