The Environmental Protection Act Amendment Bill 2024 delivers on the Cook Labor Government's commitments in December last year to overhaul the state's environmental approval laws in response to the Vogel-McFerran Review - which found approvals can be overly complex, time consuming and costly without benefiting the environment.
In the most significant reform 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.
Under the current system, other government regulators cannot consider approvals for projects until the EPA has finished its assessment - often resulting in multi-year delays to projects.
Under 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, maintaining strong environmental protections, with penalties for carrying out works without approval to double - with 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 rigorous environmental regulation. The EPA will instead publish a summary of reasons for its decision.
This will bring WA into line with other Australian jurisdictions, reducing unnecessary appeals - while retaining reasonable rights of appeal across the system.
These reforms follow significant work already completed to address Vogel-McFerran recommendations, including:
- 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.
View the Ministers' full media statement.
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