Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 51B

51B .         Declaration of environmentally sensitive areas by regulation

        (1)         Regulations may declare as an environmentally sensitive area for the purposes of this Part —

            (a)         an area of the State specified in the regulations; or

            (b)         an area of the State of a class specified in the regulations.

        (2)         Before regulations are made declaring an area of the State as an environmentally sensitive area for the purposes of this Part —

            (a)         the CEO must, in a prescribed manner, notify each owner or occupier of land in that area of the State of the proposed regulations and invite comments about the proposed regulations to be made within the period specified in the notification; and

            (b)         the Minister must take into account any comments about the proposed regulations made by an owner or occupier of land in that area of the State pursuant to an invitation under paragraph (a).

        (3)         Subsection (1) does not apply to regulations proposing to declare an area of the State as an environmentally sensitive area if a declaration of that area as an environmentally sensitive area already has effect under subsection (1).

        (4)         The CEO must notify the agency (as defined in the Public Sector Management Act 1994 section 3(1)) principally assisting the Minister administering the Transfer of Land Act 1893 in its administration of the declaration or amendment of an environmentally sensitive area with a view to that agency including information as to the environmentally sensitive area in information disseminated by it as to property interests in land.

        [Section 51B inserted: No. 40 of 2020 s. 44.]