Western Australian Current Acts

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SWAN VALLEY PLANNING ACT 2020 - SECT 26

26 .         Approval of scheme or amendment referred to EPA

        (1)         The Minister must not under section 25(2)(a) approve a proposed scheme or amendment referred to the EPA under section 20 if the Minister has reached agreement with the Minister for the Environment under the Environmental Protection Act 1986 section 48A(2)(b) in relation to the proposed scheme or amendment.

        (2)         The Minister must not under section 25(2)(a) approve a proposed scheme or amendment referred to the EPA under section 20 unless —

            (a)         the EPA has informed the Minister under the Environmental Protection Act 1986 section 48A(1)(a) that the EPA considers that the proposed scheme or amendment should not be assessed by the EPA under Part IV Division 3 of that Act; or

            (b)         the Minister —

                  (i)         has received a statement under the Environmental Protection Act 1986 section 48F(2) in respect of the conditions, if any, to which the proposed scheme or amendment is subject; and

                  (ii)         is satisfied that the conditions, if any, have been incorporated into the proposed scheme or amendment;

                or

            (c)         both —

                  (i)         a decision has been made under the Environmental Protection Act 1986 section 48J in respect of the conditions, if any, to which the proposed scheme or amendment is subject; and

                  (ii)         the Minister is satisfied that the conditions, if any, have been incorporated into the proposed scheme or amendment;

                or

            (d)         the period of 28 days referred to in the Environmental Protection Act 1986 section 48A(1)(b)(i) has expired without the EPA having informed the Commission under that section.



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