Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 38E

38E .         Proposals derived from assessed strategic proposals

        (1)         A referred proposal may be dealt with under this section if —

            (a)         there has been an assessment under this Division (the strategic assessment ) of a strategic proposal; and

            (b)         a Ministerial statement has been published in relation to the strategic proposal.

        (2)         If this section applies, the proponent of a referred proposal may request the Authority in writing to declare the referred proposal to be a derived proposal.

        (3)         If the proposal is referred by the proponent, a request under subsection (2) may be made in the referral.

        (4)         If a request is made under subsection (2), the Authority must declare the referred proposal to be a derived proposal if it considers that —

            (a)         the referred proposal was identified in the strategic proposal; and

            (b)         in the implementation agreement or decision set out in the statement mentioned in subsection (1)(b) it was agreed or decided that the referred proposal could be implemented, or could be implemented subject to conditions and procedures agreed or decided under section 45.

        (5)         Despite subsection (4), the Authority may refuse to declare the referred proposal to be a derived proposal if it considers that —

            (a)         environmental issues raised by the proposal were not adequately assessed in the strategic assessment; or

            (b)         there is significant new or additional information that justifies the reassessment of the issues raised by the proposal; or

            (c)         there has been a significant change in the relevant environmental factors since the strategic assessment was completed.

        (6)         If the Authority declares the referred proposal to be a derived proposal, it must —

            (a)         record the declaration in the public record kept under section 39(1); and

            (b)         give written notice of the declaration to the Minister.

        (7)         If the Authority declares the referred proposal to be a derived proposal, it cannot decide to assess the proposal except for the purposes of conducting an inquiry under section 46(4).

        (8)         If the Authority refuses to declare the referred proposal to be a derived proposal, it must give written notice of the refusal to the proponent.

        (9)         A notice under subsection (8) may be included in the notice given under section 38G(1)(b)(i).

        (10)         For the purposes of this section it does not matter whether the proponent of the referred proposal was, or was not, the proponent of the strategic proposal.

        [Section 38E inserted: No. 40 of 2020 s. 15.]