Western Australian Current Acts Western Australian Current Acts (1) The Authority may,
for the purpose of assessing under this Division a scheme referred to it under
the relevant scheme Act —
(a)
require the responsible authority, if it wishes that scheme to proceed, to
undertake an environmental review of that scheme and report on it to the
Authority, and issue to the responsible authority instructions concerning the
scope and content of that environmental review; and
(aa)
require the responsible authority, if it wishes that scheme to proceed, to
provide to the Authority a contaminated sites auditor’s report on that
scheme, which complies with any relevant regulations made under the
Contaminated Sites Act 2003 ; and
(b)
require any person to provide it with such information as is specified in that
requirement; and
(c) make
such investigations and inquiries as it thinks fit; and
(d)
consider existing reservations and zonings if the Authority is of the opinion
that there is scientific or technical information that a proposal framed in
accordance with one or more of those reservations or zonings is likely, if
implemented, to have a significant effect on the environment.
(2) A responsible
authority or person of which or whom a requirement is made under subsection
(1) shall comply with that requirement.
(3) Subject to any
direction given under section 48E, the Authority shall determine the form,
timing and procedure of any environmental review required to be undertaken
under subsection (1)(a).
(3A) The Authority may
cause to be published —
(a) any
report made in compliance with a requirement made under subsection (1)(a) or
(aa); or
(b) any
information provided in compliance with a requirement made under subsection
(1)(b).
(4) When publishing a
report or information under subsection (3A) the Authority may —
(a)
declare the report or information 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 report or information.
(5) When any report or
information is declared to be available for public review under subsection
(4)(a) or made available for public review under the relevant scheme Act
—
(a) the
responsible authority shall —
(i)
at its own expense, publish notice that the report or
information is available for public review; and
(ii)
provide copies of the report or information to such
persons at such places and times and at such prices as are prescribed;
and
(b) the
Authority may require the responsible authority to respond to any submissions
made in respect of that report or information in such manner as the Authority
thinks fit.
(6) Despite
subsections (3) to (5), if a scheme Act provides for the timing and procedure
of the public review of a scheme —
(a) the
responsible authority shall incorporate in the report on the scheme any
environmental review undertaken in compliance with a requirement made under
subsection (1)(a); and
(b) the
provisions of the scheme Act relating to that public review shall apply to the
scheme with that environmental review incorporated in that report and
subsections (3) to (5) shall not so apply.
(7) In subsection (6)
—
public review , in relation to a scheme which is
—
[(a), (aa) deleted]
(ab)
prepared under the Hope Valley-Wattleup Redevelopment Act 2000 , means the
procedure referred to in sections 13 and 14 of that Act, or in section 17 of
that Act as read with those sections; or
(b)
prepared under the Swan Valley Planning Act 2020 , means the procedure
referred to in sections 23 and 25(1) of that Act; or
(c) a
region planning scheme, or an amendment to a region planning scheme, means the
procedure referred to in the Planning and Development Act 2005 section 43; or
(d) a
local planning scheme, or an amendment to a local planning scheme, means the
procedure referred to in sections 84 and 87(1) of the Planning and
Development Act 2005 ; or
(e) a
State planning policy, or an amendment to a State planning policy, to which
regulations made under the Planning and Development Act 2005 section 28(3)(a)
apply, means the procedure prescribed under section 28(3)(b)(ii) of that Act;
or
(ea) a
planning code, or an amendment to a planning code, to which regulations made
under the Planning and Development Act 2005 section 32B(3)(a) apply, means
the procedure prescribed under section 32B(3)(b)(ii) of that Act; or
(f) an
improvement scheme, or an amendment to an improvement scheme, means the
procedure referred to in the Planning and Development Act 2005 sections 84
and 87(1) as read with section 122B(1) of that Act; or
(g)
prepared under the Metropolitan Redevelopment Authority Act 2011 , means a
procedure referred to in sections 43 and 44 of that Act, or in section 49 of
that Act as read with those sections.
[Section 48C inserted: No. 23 of 1996 s. 20;
amended: No. 38 of 1999 s. 71(3); No. 77 of 2000 s. 37(3); No. 25 of 2001
s. 69; No. 60 of 2003 s. 100; No. 38 of 2005 s. 15; No. 28 of 2010 s. 26; No.
45 of 2011 s. 137(7); No. 40 of 2020 s. 36; No. 45 of 2020 s. 104; No. 26 of
2020 s. 57 and 70; No. 34 of 2023 s. 27.]