Western Australian Current Acts Western Australian Current Acts (1) In considering
—
(a) an
application for a clearing permit; or
(b) an
amendment of a clearing permit,
the CEO shall ensure
that the clearing permit, or its amendment, is consistent with any approved
policy.
(2) The CEO shall not
amend or shall refuse to grant a clearing permit if the CEO considers that the
associated effect on the environment would be inconsistent with any approved
policy.
(3) Despite anything
in this section —
(a) if
the CEO is satisfied that, as a result of environmental circumstances having
changed, the environment or an environmental value of the area concerned
requires a higher level of protection than would be provided by the standards
required by or under any approved policy, the CEO may grant or amend a
clearing permit so as to make the permit subject to conditions which specify
standards that are more stringent than those required by or under the approved
policy;
(b) if
the CEO is satisfied that, as a result of the approval under section 31(d) of
a new approved policy or as a result of an approved policy as amended being
confirmed under section 37, any condition to which an existing clearing permit
is subject is inconsistent with that approved policy, the CEO may amend that
permit to make it consistent with that approved policy.
(4) Without limiting
section 51F(5) or 51KB(3), subsection (3) does not authorise the imposition of
a condition that is contrary to, or not in accordance with, a Ministerial
statement.
[Section 51P inserted: No. 54 of 2003 s. 110(1);
amended: No. 40 of 2020 s. 56.]