Western Australian Current Acts Western Australian Current Acts (1) If the Authority
assesses a proposal, it must prepare a report on the outcome of its assessment
of the proposal and give that report (the assessment report ) to the
Minister.
(2) The assessment
report must set out —
(a) what
the Authority considers to be the key environmental factors identified in the
course of the assessment; and
(b) the
Authority’s recommendations as to whether or not the proposal may be
implemented and, if it recommends that implementation be allowed, as to the
conditions and procedures, if any, to which implementation should be subject.
(2AA) In considering
key environmental factors and any recommendations that may be included in the
assessment report the Authority may take into account other statutory
decision-making processes that can mitigate the potential impacts of the
proposal on the environment.
(2a) The Authority
may, if it thinks fit, include other information, advice and recommendations
in the assessment report.
(2b) Subject to
subsection (2d), the assessment report may be given to the Minister at any
time but, so far as is practicable, it must be given not later than 6 weeks
after the Authority completes its assessment or reassessment of the proposal.
(2c) The Minister may,
after consulting the Authority, direct the Authority to prepare the assessment
report and give it to the Minister —
(a)
within a specified period after the day on which —
(i)
the proposal was referred to the Authority under
section 38; or
(ii)
a direction was given to the Authority under
section 43(1),
as the case requires;
or
(b)
before a specified date.
(2d) If a direction is
given under subsection (2c) the Authority must give the assessment report to
the Minister within the specified period or before the specified date.
(3) The Minister
shall, as soon as the Minister is reasonably able to do so after receiving
copies of the assessment report, simultaneously cause —
(a) that
report to be published; and
(b)
copies of that report to be given to —
(i)
any other Minister appearing to the Minister to be likely
to be concerned in the outcome of the proposal to which that report relates;
and
(ii)
each decision-making authority, if any, by which the
proposal to which that report relates was referred to the Authority or which
had been given notice under section 38G(1)(b)(iii) or (5) in relation to the
proposal; and
(iii)
if the proposal to which that report relates was referred
to the Authority by the proponent or another person, to the proponent or the
other person.
(4) If a direction is
given under subsection (2c), the Minister must cause copies of the reasons for
giving the direction to be —
(a)
given to the Authority; and
(b)
published as soon as practicable after the direction is given.
[Section 44 amended: No. 54 of 2003 s. 15; No. 40
of 2020 s. 27 and 111(1); No. 36 of 2024 s. 30.]