Environmental Protection (Primary Approval)

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). This legislation is administered by the Department of Environment and Conservation (DEC).

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. It assesses proposals that may have significant environmental impacts and advises the Minister for the Environment on whether, and under what conditions, they could be approved.

The EP Act provides the opportunity for members of the public, the project proponent, government agencies, or the Minister for the Environment to refer proposals to the EPA, and the EPA itself may require a proposal to be referred.

The EPA considers referred proposals and decides whether an Environmental Impact Assessment (EIA) should be undertaken. The EPA decision is based on information in the referral, as well as from the project proponent, government agencies, or interest groups.

On the basis of the EIA, the EPA advises the Minister for the Environment regarding approval of a project. The Minister, who may take into account broader issues than those considered by the EPA, determines approval, and any conditions to be imposed.

While DEC has the primary role in administering EIA processes other departments (such as Health, Conservation and Land Management, and Indigenous Affairs) play a significant role in providing advice that contributes to the recommendations of the EPA and the decision of the Minister. Some of these agencies also have responsibility for secondary approvals that may significantly affect the primary enviromental approval and therefore should be considered in parallel.

EPA Environmental Impact Assessment

The EPA normally adopts one of five levels of assessment:

• Assessment on Referral Information (ARI)
• Proposal Unlikely to be Environmentally Acceptable (PUEA)
• Environmental Protection Statement (EPS)
• Public Environmental Review (PER)
• Environmental Review and Management Program (ERMP)

Under EPA assessment it is the proponent's responsibility to demonstrate that:

• Planning and design of the proposal incorporates best practicable measures to avoid, and, where this is not possible, to minimise impacts on the environment
• The unavoidable impacts of the proposal are environmentally acceptable, taking into account cumulative impacts that have already occurred in the region, and principles of sustainability

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.

DoIR and the EPA have Memoranda of Understanding (opens in new window) in place that set out the circumstances in which a proposal submitted to DoIR must be referred to the EPA.

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 Environment and Heritage. (Opens in new window)

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Environmental protection in Western Australia is governed by the Environmental Protection Act 1986 (WA) (EP Act), which is primarily administered by the Department of  Environment and Conservation  (DEC).

Works approvals and licences are the key statutory tools the DEC use to regulate industry in Western Australia. They are intended to prevent pollution at both the construction and operation phase.

All Prescribed premises described in Schedule 1 of the Environmental Protection Regulations 1987 (WA) (EP Regulations) require a works approval for construction and a licence to operate. The only exception is for prescribed premises described in Part 2 of Schedule 1, which can operate under a registration if DoE is satisfied that the premises does not pose a significant risk to the environment.

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