Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 38G

38G .         Authority must decide whether to assess a referred proposal

        (1)         The Authority must, within 28 days after the referral of a proposal —

            (a)         decide whether or not to assess the referred proposal; and

            (b)         give written notice of the decision —

                  (i)         to the proponent; and

                  (ii)         if the proposal was not referred by the proponent — to the person that referred it; and

                  (iii)         to any decision-making authority determined by the Authority to be a relevant decision-making authority in relation to the proposal;

                and

            (c)         if the Authority decides not to assess the proposal — publish a summary of the Authority’s reasons for the decision.

        (2)         Subsection (1) does not apply if —

            (a)         under section 38D, the referral is taken to have been withdrawn; or

            (b)         the proposal is declared under section 38E to be a derived proposal; or

            (c)         under section 38F(4), the referral has been declared to have been withdrawn.

        (3)         The Authority’s decision under subsection (1) must be based on —

            (a)         any information submitted to it when the proposal was referred; and

            (b)         any additional information provided to it under section 38F; and

            (c)         any information derived from its own investigations and inquiries.

        (4)         In making its decision under subsection (1) the Authority may take into account other statutory decision-making processes that can mitigate the potential impacts of the proposal on the environment.

        (5)         If, for any reason, a relevant decision-making authority is not given notice as required by subsection (1)(b)(iii) that a proposal is going to be assessed, the Authority may give written notice to the decision-making authority under this subsection.

        (6)         Notice under subsection (5) may be given by the Authority of its own motion or at the request of the decision-making authority, and may be given at any time before a report on the proposal is given to the Minister under section 44(1).

        (7)         If the Authority decides not to assess a proposal, it may nevertheless give advice and make recommendations on the environmental aspects of the proposal to the proponent or any other relevant person or authority.

        [Section 38G inserted: No. 40 of 2020 s. 15; amended: No. 36 of 2024 s. 32.]