Western Australian Current Acts

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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 40AA

40AA .         Assessment of significant amendments

        (1)         This section applies if the Authority assesses a significant amendment of an approved proposal.

        (2)         The Authority must assess the significant amendment in the context of the approved proposal and have regard to the combined effect that the implementation of the approved proposal and the significant amendment might have on the environment.

        (3)         For the purposes of subsection (2) the Authority may inquire into and report on the implementation conditions relating to the approved proposal.

        (4)         Each of those implementation conditions continues to apply in relation to the approved proposal subject to —

            (a)         it being amended under section 45C or 46(9); or

            (b)         revised conditions or procedures being agreed or decided under sections 45 and 45A in relation to the approved proposal after the significant amendment has been assessed.

        (5)         Subsection 41A(1) does not apply to the doing of anything to implement the approved proposal.

        (6)         If a statement is served and published under subsection 45(8), it may be in the form of —

            (a)         a statement that only applies to the significant amendment; or

            (b)         a statement that includes the implementation conditions for the approved proposal as amended by the significant amendment, and supersedes the previous Ministerial statement relating to the approved proposal.

        [Section 40AA inserted: No. 40 of 2020 s. 19.]



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