Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 38H

38H .         Nomination of person responsible for proposal

        (1)         This section applies to a proposal if —

            (a)         the proposal is referred, or is required to be referred, to the Authority under section 38; and

            (b)         the Authority decides that the proposal should be assessed by it under this Part.

        (2)         Except when the responsibility for a proposal is imposed on a public authority under another written law, the Authority must nominate a person as being responsible for the proposal.

        (3)         If an individual is nominated under subsection (2), the nomination may be made —

            (a)         by reference to the individual’s name; or

            (b)         by reference to the individual being the person for the time being holding or acting in a particular office or position.

        (4)         Written notice of a nomination under subsection (2) must be served on —

            (a)         the person nominated; and

            (b)         any decision-making authority to which or whom notice of the Authority’s decision to assess the proposal has been given under section 38G(1)(b)(iii) or (5).

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