Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 48D

48D .         Authority to report to Minister on schemes

        (1)         Subject to subsection (2), the Authority shall, within a period of —

            (a)         60 days after the end of the period of public review under the relevant scheme Act of a scheme referred to the Authority under that scheme Act; or

            (b)         30 days after receiving a response to environmental issues raised in submissions made within the period of public review under the relevant scheme Act, but not more than 72 days after the end of the period referred to in paragraph (a),

                whichever is the later, or such longer period as the Minister allows, report to the Minister on —

            (c)         the environmental factors relevant to that scheme; and

            (d)         the Authority’s recommendations as to whether or not that scheme may be implemented and, if it recommends that the scheme be implemented, as to the conditions, if any, to which that scheme should be subject.

        (2)         The Minister may, after consulting the Authority in respect of a scheme and with the agreement of the responsible Minister, direct the Authority to report to the Minister on the matters referred to in subsection (1)(c) and (d) in relation to the scheme, and to make such recommendations in that report as the Authority thinks fit —

            (a)         within such period commencing on the day on which the scheme was referred to the Authority under the relevant scheme Act or a direction was given to the Authority under section 48E(1), as the case requires; or

            (b)         before such date,

                as the Minister specifies in that direction, and the Authority shall comply with that direction.

        (3)         The Minister shall, as soon as the Minister is reasonably able to do so after receiving a report and any recommendations made under subsection (1) or in compliance with a direction given under subsection (2), simultaneously cause —

            (a)         that report and any such recommendations to be published; and

            (b)         copies of that report and any such recommendations to be given to —

                  (i)         the responsible Minister; and

                  (ii)         any other Minister appearing to the Minister to be likely to be concerned in the outcome of the scheme to which that report relates; and

                  (iii)         the responsible authority in respect of the scheme to which that report relates.

        [Section 48D inserted: No. 23 of 1996 s. 20; amended: No. 40 of 2020 s. 37 and 111(1).]