Western Australian Current Regulations Western Australian Current Regulations (1) The Minister must
approve the environment plan if the Minister is reasonably satisfied that the
plan —
(a) is
appropriate for the nature and scale of the pipeline activity; and
(b)
demonstrates that the environmental impacts and environmental risks of the
pipeline activity will continuously be reduced to as low as is reasonably
practicable; and
(c)
demonstrates that the environmental impacts and environmental risks of the
pipeline activity will be of an acceptable level; and
(d)
provides for appropriate environmental performance objectives, environmental
performance standards and measurement criteria; and
(e)
includes an appropriate implementation strategy and monitoring, recording and
reporting arrangements; and
(f) for
the requirement mentioned in regulation 17(1)(b) — demonstrates
that there has been an appropriate level of consultation with relevant
authorities and interested persons and organisations; and
(g)
complies with Division 3.
(2) If the Minister is
not reasonably satisfied that the environment plan when first submitted meets
the criteria set out in subregulation (1), the Minister must give the
operator a reasonable opportunity to modify and resubmit the plan.
(3) If, after the
operator has had a reasonable opportunity to modify and resubmit the
environment plan, the Minister is still not reasonably satisfied that the plan
meets the criteria set out in subregulation (1), the Minister must refuse
to approve the plan.
(4) Despite
subregulations (2) and (3), the Minister may do one or more of the
following —
(a)
approve the plan in part for a particular stage of the pipeline activity;
(b)
approve the plan subject to the imposition of limitations or conditions
applying to the pipeline activity;
(c) if
the environment plan does not include an oil spill contingency plan as
required by regulation 15(8) — approve the plan subject to a
condition that the operator must not commence the pipeline activity before an
oil spill contingency plan is approved for the pipeline activity.
(5) The Minister must
give the operator written notice of a decision by the Minister —
(a) to
approve the plan; or
(b) not
to approve the plan; or
(c) to
do either or both of the following —
(i)
approve the plan in part for a particular stage of the
pipeline activity;
(ii)
approve the plan subject to the imposition of limitations
or conditions applying to the pipeline activity.
(6) A notice under
subregulation (5)(b) or (c) must set out —
(a) the
terms of the decision and the reasons for it; and
(b) if
limitations or conditions are to apply to the pipeline activity —
those limitations or conditions.
(7) Within
10 days after receiving a notification that the Minister has approved an
environment plan under subregulation (5)(a), the operator must submit to
the Minister for public disclosure a summary of the plan.
Penalty: a fine of $5 500.
(8) A summary
submitted under subregulation (7) must include the following —
(a) the
contact details of the operator of the pipeline activity or the
operator’s agent;
(b) the
location or locations of the pipeline activity;
(c) a
general description of the existing environment that may be affected by the
pipeline activity;
(d) a
summary of —
(i)
the details of the construction and layout of any
pipeline; and
(ii)
the operational details of the pipeline activity and
proposed timetables; and
(iii)
the environmental impacts and environmental risks of the
pipeline activity; and
(iv)
the implementation strategy included in the environment
plan; and
(v)
the consultation that has been undertaken during the
development of the environment plan and that is to be undertaken in accordance
with the implementation strategy.
(9) If the Minister is
not reasonably satisfied that a summary submitted under subregulation (7)
meets the criteria set out in subregulation (8), the Minister may give
the operator written notice that the operator must modify and resubmit the
summary within 10 days after receiving the notice.
(10) Within
10 days after receiving a notice under subregulation (9) in relation
to a summary of an environment plan, the operator must modify and resubmit the
summary.
Penalty for an offence under
subregulation (10): a fine of $5 500.