Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 45C

45C .         Amending approved proposals or implementation conditions without inquiry or assessment

        (1)         The Minister, after receiving a written request from the proponent to do so, may —

            (a)         approve an amendment to an approved proposal; or

            (b)         amend implementation conditions relating to an approved proposal; or

            (c)         approve an amendment to an approved proposal and amend implementation conditions relating to the approved proposal.

        (2)         The Minister may, by written notice, request the proponent to provide the Minister with additional information about an amendment to which a request under subsection (1) applies to enable the Minister to decide whether or not to approve or make the requested amendment.

        (3)         The Minister must not approve or make an amendment requested under subsection (1) if the Minister considers that the requested amendment is a significant amendment.

        (4)         Whether or not there has been a request under subsection (1), the Minister may amend an approved proposal if the Minister considers that the amendment is of a minor nature and is necessary and desirable in order to correct in the description of the proposal —

            (a)         a clerical mistake or unintentional error or omission; or

            (b)         a figure that has been miscalculated; or

            (c)         a misdescription of any person, thing or property.

        (5)         Whether or not there has been a request under subsection (1), the Minister may amend implementation conditions relating to an approved proposal if the Minister considers that the amendment is of a minor nature and is necessary and desirable in order to —

            (a)         standardise the implementation conditions applying to different proposals; or

            (b)         correct in the implementation conditions —

                  (i)         a clerical mistake or unintentional error or omission; or

                  (ii)         a figure that has been miscalculated; or

                  (iii)         a misdescription of any person, thing or property;

                or

            (c)         make an administrative change to the format of the implementation conditions that does not alter the obligations of the proponent.

        (6)         The Minister must cause notice of amendments approved or made under subsection (1), (4) or (5) —

            (a)         to be given in writing to —

                  (i)         the Authority; and

                  (ii)         each decision-making authority that was consulted under this Act in relation to the implementation conditions; and

                  (iii)         the proponent of the proposal;

                and

            (b)         to be published.

        (7)         If the Minister refuses to approve or make an amendment as requested under subsection (1), the Minister must give written notice of the refusal to the proponent and the proponent may refer the requested amendment to the Authority under section 38(1) as a significant amendment of an approved proposal.

        (8)         Without limiting this Division, where notice has been given under subsection (7) in relation to a requested amendment of implementation conditions —

            (a)         the Minister may make a request under section 46(1) whether or not the Minister considers that the implementation conditions, or any of them, should be amended; or

            (b)         the Minister may agree with any decision-making authority that was consulted under this Act in relation to the existing implementation conditions that the proposed amendment to conditions is a significant amendment that must be referred by the decision-making authority under section 38(4) as a significant proposal.

        [Section 45C inserted: No. 40 of 2020 s. 28.]