Right to access
The FOI provides a general right of access to documents held by State and Local Government agencies. It also requires agencies to make available details about the types of information held.
The Department of Water and Environmental Regulation (DWER) is committed to helping individuals access documents at the lowest reasonable cost. It also enables individuals to ensure that personal information held about them by government agencies is accurate, complete, up-to-date and not misleading.
Where possible, documents will be provided outside the formal Freedom of Information (FOI) process. However, if a document is not routinely available, the FOI Act allows members of the public to apply for access to documents held by an agency.
Agency overview
DWER is responsible for managing and protecting Western Australia’s water and environmental resources.
Key functions include:
- Water resource management
- Environmental protection and regulation
- Climate resilience and pollution control
The department works collaboratively with industry, government and the community to promote sustainable practices and ensure the long-term availability of resources.
Corporate structure
DWER is organised into three key portfolios that guide its strategic focus:
- Approvals
- Climate and Sustainability
- Strategy and Performance
The leadership team comprises:
- Director General
- Provides overall strategic leadership and direction for the department.
- Deputy Director General – Approvals
- Oversees the development of a world-class approvals system that is customer and outcomes focused, risk-based, digital and efficient. This role ensures the protection and sustainable management of the state’s water and environmental resources.
- Deputy Director General – Climate and Sustainability
- Leads the development of Western Australia’s long-term, integrated vision and strategy for a sustainable future. Key focus areas include climate action, water security, nature positivity and circular economy initiatives.
- Deputy Director General – Strategy and Performance
- Drives the department’s multi-year business strategy and embeds it in annual business plans to support continuous improvement. This role is responsible for developing business systems, policies, processes and insights that enable effective prioritisation, decision-making and enhanced performance.
For a complete statement on the structure and functions of the department, see the Annual report.
Bodies supported by DWER
The department supports several advisory and regulatory bodies, including:
- Warren Donnelly Water Advisory Committee
- Geographe Catchment Council
- Carnarvon Water Allocation Advisory Committee
- Environmental Protection Authority
- Waste Authority
- Cockburn Sound Management Council
- Air Quality Coordinating Committee
- Contaminated Sites Committee
- Office of the Appeals Convenor
- Keep Australia Beautiful Council WA
Further details can be found in the DWER organisational structure.
How DWER’s functions affect members of the public
DWER plays a significant role in the lives of Western Australians by managing essential natural resources and environmental assets. Its activities impact the public in various ways, including:
- Water resource management: Ensuring sustainable water use and secure water availability for households, industries and agriculture.
- Environmental protection and pollution control: Ensuring the safeguarding of air, water and soil quality through monitoring and regulatory measures.
- Land use and development approvals: Evaluating environmental impacts associated with development projects, influencing community planning.
- Climate resilience and adaptation: Developing strategies to mitigate climate change impacts and ensure sustainability.
- Public health and safety: Regulating hazardous materials, pollution and waste to minimise risks to communities.
- Public engagement and participation: Facilitating public consultations, stakeholder forums and advisory committees.
- Protection of natural heritage and biodiversity: Managing ecosystems and biodiversity conservation to preserve natural assets.
Public participation and consultation
The department provides opportunities for public participation through:
- Stakeholder consultations, including public forums and advisory committees
- Public comment periods on major project proposals, licensing and plans
- Community engagement programs on sustainable water use and environmental protection.
Documents held by the department
The department maintains records related to its key functions and regulatory responsibilities, including:
- Policies and procedures
- Environmental assessments and monitoring reports
- Water allocation plans
- Licensing and permits
- Pollution control and waste management data
- Public consultation records
- Financial and operational reports.
Many documents are publicly accessible via the DWER website or on request.
Internal manuals
Internal manuals may take the form of instructions, operations manuals, handbooks or guidelines that support the use and management of the department’s internal systems.
Each division in the department maintains internal manuals in one or more of these formats to support the effective delivery of their business functions. These manuals primarily serve to guide departmental officers in the performance of their duties and are regularly reviewed and updated as necessary.
For further information about the department’s internal manuals, please contact FOI Services using the details provided below.
Definition of a document
For the purposes of the FOI Act, a document can be any record, part of a record, or any copy, reproduction or duplicate of a record. This includes letters, emails, maps, plans, photographs, tape recordings, films, video tapes and/or electronically stored information as well as files, notes and any form of paper document.
Exemptions
In some cases, documents may be exempt from release because the information they contain is genuinely sensitive and its disclosure could cause real harm. The exemptions outlined in the FOI Act are designed to strike a balance between the applicant’s right to access government-held information and the need to protect the legitimate interests of the government and third parties who engage with the government. The exemptions are based on the premise that disclosure of the information would:
- Reveal personal information about an individual (whether living or dead)
- Cause damage to business interests, intergovernmental relations, law enforcement
- Adversely affect the operations of agencies or their decision-making processes.
FOI applications
Under the FOI Act, individuals have the right to apply for access to documents held by an agency, subject to any exemptions applicable (such as trade secrets, commercial and business information).
How to make an FOI application
An FOI application should:
- Be in writing (letter or email)
- Include sufficient details to identify the documents being requested
- Provide an address in Australia
- Include any other information required under the FOI Regulations 1993 (regulations)
- Be lodged with the agency, along with any applicable application fee as prescribed by the regulations.
An application form is available on the DWER website.
Requests for amendment of information
Anyone who believes personal information held by the department is inaccurate, incomplete, out of date or misleading, may apply to the department requesting an amendment in accordance with s.46(1) of the FOI Act. The application must provide details and documents in support of this.
In addition, applicants must indicate how they wish the amendment to be made within the options set out in the FOI Act, namely:
- Altering information
- Striking out or deleting information
- Inserting information
- Inserting a notice in relation to information.
Fees and charges
The rate of fees and charges is set under the regulations. Apart from the application fee for non-personal information, all charges are discretionary. The fees can be paid online.
Fees and charges are:
- Personal information about the applicant - no fee
- Application fee (for non-personal information) - $30
- Charge for time taken dealing with the application - $30 per hour
- Charge for access time supervised by staff - $30 per hour
- Charges for photocopying - $30 per hour for staff time and 20c per copy
- Charges for staff time in transcribing information from a tape or other device - $30 per hour
- Charge for duplicating a tape, film or computer information - actual cost
- Charge for delivery, packaging and postage - actual cost.
Processing an FOI request
When a valid FOI application is received, DWER aims to make a decision within 45 calendar days, as required under the FOI Act. If more time is needed, the department may request an extension.
The department may contact an applicant to clarify or refine the request, which will assist in identifying the documents being sought.
Notice of decision
Applicants will receive a Notice of decision within 45 days (unless an extension is agreed). This notice will include:
- The date of the decision
- The name and role of the decision maker
- Reasons for any exemptions applied
- Details of any documents provided in an edited form
- Your rights to request a review and how to do so.
Access to documents
Access may be provided in various formats, including:
- Viewing the documents in person
- Receiving paper or electronic copies
- Audio or video files
- Transcripts of recorded or shorthand material.
For more information or help with an application, please contact FOI Services.
Rights of review
- Internal review
- Applicants or third parties dissatisfied with a decision may request an internal review with the department via FOI Services (address above) within 30 calendar days after receiving the department’s decision. The review will be completed within 15 days.
- External review
- If the internal review outcome is unsatisfactory, the applicant has 60 days to apply for an external review with the Information Commissioner. A third party has 30 days.
More information
FOI applications, internal reviews, inquiries, and assistance can be directed to the contact details on this page.
Office of the Information Commissioner, Western Australia: Information commissioner
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