Environmental Protection

Projects that are likely to have significant environmental impacts are required to undergo environmental impact assessment under the Environmental Protection Act 1986 (WA) (the EP Act).

The Environmental Protection Authority (EPA) is an independent five member authority established under the EP Act and charged with advising the Minister for the Environment on environmental protection.

Proponents need to identify potential environmental impacts early in the planning process, and devote time and resources to environmental surveys and investigations for inclusion in the environmental review document.

The EPA encourages proponents to consult early with State and local government authorities and interested members of the public. This ensures that stakeholders are informed, and allows proponents to respond to issues and make appropriate adjustments to their proposals during planning and design.

While DEC has the primary role in administering Environmental Impact Assessment processes, other departments (such as Health and Indigenous Affairs) play a significant role in providing advice that contributes to the recommendations of the EPA and the decision of the Minister.

Non Assessment

The EPA may decide not to assess a proposal if its potential environmental impacts will not be significant. The EPA may then provide advice to other decision-making authorities and agencies to be considered when issuing approvals that include environmental issues, such as water licences, approvals for mining operations, or petroleum exploration and development.

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Assessment is required under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) (EPBC Act) for projects that are likely to have a significant impact on matters of national environmental significance defined under the Act, or on Commonwealth land. The Commonwealth Department of the Environment, Water, Heritage and the Arts administers this Act.

The matters of national environmental significance under the EPBC Act are:

• Listed threatened species and communities
• Migratory species protected under international agreements
• Ramsar wetlands of international importance
• The Commonwealth marine environment
• World Heritage properties
• National Heritage places
• Nuclear actions

The Commonwealth may accredit State governments to carry out these assessments in conjunction with State environmental assessments.

These assessments are used as the basis for the Commonwealth Environment Minister to approve a project.
Further information is available from the Department of the Environment, Water Heritage and the Arts.

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Works approvals and licences are the key statutory tools used to regulate industry in Western Australia. They are intended to prevent pollution at both the construction and operation phase.
Further information is available from the Department of Environment and Conservation.

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