Western Australian Current Acts Western Australian Current Acts (1) The proponent of a
significant proposal, or any other person, may refer the proposal to the
Authority.
(2) In the case of a
proposal under an assessed scheme, only the proponent can refer the proposal
to the Authority under subsection (1).
(3) If it appears to
the Minister that there is public concern about the likely effect of a
proposal, if implemented, on the environment, the Minister may refer the
proposal to the Authority.
(4) A decision-making
authority must refer a proposal to the Authority as soon as it has notice of
the proposal if the proposal appears to it to be —
(a) a
significant proposal; or
(b) a
proposal of a prescribed class.
(5) Subsection (4)
does not apply if the proposal has been referred to the Authority under
subsection (1) or (3).
(6) In the case of a
proposal under an assessed scheme, the application of subsection (4)(a) is
subject to section 48I.
(7) The proponent of a
strategic proposal may refer the proposal to the Authority.
[Section 38 inserted: No. 40 of 2020 s. 15.]