Western Australia’s environmental approval laws are set for major overhaul after the State Government this month introduced a Bill to Parliament that would cut red tape on major projects.
The Environmental Protection Act Amendment Bill 2024 follows on from CCIWA’s Green Web report, from October 2023, which outlined how $318 billion worth of investment is at risk of delay or cancellation, and our letter to the Deputy Premier regarding red tape reduction. Several of CCIWA’s recommendations related to reviewing the Environmental Protection Act to address industry concerns, in particular:
- The Minister for Environment should issue a Statement of Expectations, with the EPA replying with a Statement of Intent.
Parliament of Western Australia.
- Seek to limit abuse of third party appeal processes, by putting in place appropriate limits.
- Advancing parallel approvals processes, which are very limited under the current legislation.
CCIWA’s report prompted the Government to commission the Vogel-McFerran Review, which broadly agreed with the recommendations in the Green Web report, and ultimately resulted in the Bill.
Notably, under the new legislation, other Government regulators will be allowed to issue their own approvals ahead of the Environmental Protection Authority (EPA) issuing an environmental impact assessment.
The new parallel decision-making policy, proponents could obtain other approvals while their environmental impact is assessed, potentially saving years in the process.
Projects will still need EPA approval to begin, with penalties for carrying out works without approval to double – fines of up to $125,000 for an individual, and $250,000 for a body corporate.
Under the new laws:
- the Environment Minister will provide the EPA with a ‘Statement of Expectation’, helping it to better understand the Government’s priorities including the green energy transition, housing delivery, job creation and protection of WA’s unique environment.
- The membership of the independent EPA board will also be expanded to between five and nine members, who will be required to have skills or experience in specific disciplines important to the functions of the EPA.
- The reforms also remove the right of appeal against a decision made by the EPA not to assess a project, with most projects in this case subject to other forms of environmental regulation. The EPA will instead publish a summary of reasons for its decision.
The Government said the reforms would bring WA into line with other Australian jurisdictions, “reducing unnecessary appeals, while retaining reasonable rights of appeal across the system”.
“For too long, major job-creating projects have been held up for years at a time by an inefficient, sluggish system that does not deliver any additional environmental outcomes,” says Premier Roger Cook.
“These sensible reforms retain all environmental protections, but streamline processes into a more efficient, responsive system.”
Other reforms to address Vogel-McFerran recommendations have included opening a CBD office hub for the EPA; introducing a renewed graduate program, recruitment strategy and mentoring program at the Department of Water and Environmental Regulation; and exempting a range of amendments to regional and local planning schemes from automatic referral to the EPA.
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