Following a proclamation in the Western Australian Government Gazette on 22 October 2021, a second suite of Environmental Protection Amendment Act 2020 (WA) (EP Amendment Act) provisions came into operation on 25 October 2021.
The EP Amendment Act received assent in November 2020 and amends the Environmental Protection Act 1986 (WA) (EP Act). Our discussion of the relevant Environmental Protection Amendment Bill 2020 (WA) is available here.
The first round of changes to the EP Act were largely administrative in nature. Our earlier summary regarding these amendments is available here.
The second suite of amendments include amendments to Part IV of the EP Act. The following sections of the EP Amendment Act have now come into operation:
| 4(1), (3), (5), (7), (8), (9) | 9 |
| 11 and 12 | 15 to 23 |
| 25 to 31 | 33 |
| 37(2) | 38 to 41 |
| 43 to 57 | 61 and 62 |
| 64 | 69 and 70 |
| 77 to 79 | 84 and 85 |
| 88(2) | 89 to 91 |
| 95 | 97 |
| 100 | 102 and 103 |
| 106(1) and (2) | 109 |
| 110(1) and (3) | 113 and 114 |
| 116 | 118(2) |
The Environmental Protection Regulations Amendment (Publication and Confidentiality) Regulations 2021 (WA) (EP Amendment Regulations) were also published in the gazettal on 22 October 2021. The EP Amendment Regulations amend the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (WA) and Environmental Protection Regulations 1987 (WA). They introduce administrative measures relating to confidentiality and public records and came into effect between 22 to 25 October 2021.
We will continue to follow the WA State Government’s implementation of these changes, together with new regulations.
By Melanie Debenham, Partner and Mia Swift, Solicitor
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.