Western Australian Current Acts Western Australian Current Acts (1) This section and
section 40A apply if the Authority assesses a proposal.
(2) The Authority may,
for the purposes of assessing a proposal —
(a)
require any person to provide it with such information as is specified in that
requirement; or
(aa)
require the proponent to provide to the Authority a contaminated sites
auditor’s report on the proposal, which complies with any relevant
regulations made under the Contaminated Sites Act 2003 ; or
(b)
require the proponent to undertake an environmental review and to report
thereon to the Authority; or
(c) with
the approval of the Minister and subject to section 42, conduct a public
inquiry in such manner as it sees fit or appoint a committee consisting of
—
(i)
Authority members; or
(ii)
Authority members and persons other than Authority
members; or
(iii)
persons other than Authority members,
to conduct a public
inquiry and report to the Authority on its findings on the public inquiry.
(2a) As well as taking
one or more of the courses of action set out in subsection (2)(a) to (c), the
Authority may make such other investigations and inquiries as it thinks fit.
(3) Subject to any
direction made under section 43, the Authority shall determine the form,
content, timing and procedure of any environmental review required to be
undertaken under subsection (2)(b) and publish an indicative outline of the
timing of the environmental review.
(4) Subject to any
direction made under section 43(1), the Authority may cause the following to
be published —
(a) any
information or report provided in compliance with a requirement made under
subsection (2)(a) or (aa);
(b) any
report made in compliance with a requirement made under subsection (2)(b).
(5) When publishing
information or a report under subsection (4) the Authority may —
(a)
declare the information or report to be available for public review; and
(b)
specify the period within which, the extent to which and the manner in which
public authorities or persons may make submissions to the Authority in respect
of the information or report.
(6) When the Authority
declares any information or report to be available for public review under
subsection (5)(a) —
(a) the
proponent must —
(i)
at the proponent’s own expense, publish notice of
that information or report being available for public review; and
(ii)
provide copies of that information or report free of
charge to such public authorities and persons, in such manner and at such
places and times as the Authority determines; and
(iii)
provide copies of that information or report to members
of the public in such manner, at such places and times, and at a price not
exceeding such maximum price, as the Authority determines;
and
(b) the
Authority may require the proponent to respond to any submissions made to the
Authority in respect of that information or report in such manner as the
Authority thinks fit.
(7) A committee
appointed under subsection (2)(c) shall —
(a)
conduct a public inquiry in respect of the proposal concerned; and
(b)
after holding the public inquiry referred to in paragraph (a), report to the
Authority on its findings on that public inquiry.
(8) The member
presiding over and other members of a committee appointed under subsection
(2)(c) shall each of them be paid such remuneration and travelling and other
allowances as the Authority on the recommendation of the Public Sector
Commissioner determines in the member’s case.
(9) A proponent or
other person upon whom a requirement is imposed under subsection (2)(a), (aa)
or (b) or (6)(b) has to comply with that requirement.
[Section 40 amended: No. 57 of 1997 s. 54(2); No.
14 of 1998 s. 37; No. 54 of 2003 s. 9; No. 60 of 2003 s. 100 (as amended: No.
40 of 2005 s. 13(2) and (3)); No. 39 of 2010 s. 89; No. 40 of 2020 s. 18 and
111(1).]