How the Orders and Approvals work
Section 6 Order (the ‘Order’)
The Minister of Environment or the ‘Authority’ [i.e. the Environmental Protection Authority (EPA)], under section 6 of the Environmental Protection Act 1986 (the ‘Act’), may with the approval of the Governor declare by order that all or any of the provisions of the Act or of an approved policy do not apply.
Division 6 Approval (the ‘Approval’)
The Minister of Environment may approve to allow the noise emission to exceed or vary from the assigned level in accordance with regulation 17 of the Environmental Protection (Noise) Regulations 1997 (the ‘Regulations’) – e.g. this could be an existing industry or a mine site located within close proximity to residences. Or it could be a proposed industry or a mine site which cannot be located far enough away from residences.
Noise Regulation 18B
Approval by Minister: After receiving a report of the EPA or the CEO in relation to an application for approval under regulation 17, the Minister may grant an approval. This was previously approved under regulation 17(7) which was replaced in 2013.
Noise Regulation 18E
Amendment of approval under regulation 18E(1): The Minister may, if the Minister considers that any approval should be amended request the CEO to inquire into and report on the proposed amendment. The holder of an approval under regulation 18B(1) may also apply to the Minister to amend an approval.
The Order or Approval granted by the Minister allows the recipients of each Order or Approval to operate under noise constraints that are different than those prescribed in the Act and the Regulations. These are usually granted to the occupier of certain premises under extenuating circumstances and they contain conditions that are generally more appropriate to regulate noise emissions for a specific situation.
The Order or Approval usually stipulates maximum noise emission levels and monitoring and reporting requirements, and are designed to achieve an outcome that balances an acceptable environmental outcome with conditions that the recipient of the Order or Approval can reasonably and practicably be expected to comply with.
Section 6 Orders and Division 6 Approvals are not used for noise sources that are transient in nature – e.g. concert approvals, after-hours construction noise.
Current Approvals and Orders
Current Division 6 Approvals and Section 6 Orders are listed below and are available at the Western Australian Legislation’s website.
Approvals that have been amended are available in full below in a consolidated form. However, care should be exercised and you should refer to the Western Australian Legislation’s website for the initial approvals and subsequent amendments.
Current Division 6 ApprovalsShow more
1. Environmental Protection (Wagerup Alumina Refinery Noise Emissions) Approval 2012 (Government Gazette 2012/113)
2. Environmental Protection (Wagerup Alumina Refinery Noise Emissions) Amendment Approval 2013 (Government Gazette 2013/222)
3. Environmental Protection (Wagerup Alumina Refinery Noise Emissions) Amendment Approval 2014 (Government Gazette 2014/181)
|Esperance Ports||Environmental Protection (Port of Esperance Operations Noise Emissions) Approval 2009 (Government Gazette 2009/210)|
|KCGM||Environmental Protection (Fimiston Gold Mine Noise Emissions) Approval 2016 (Government Gazette 2016/46)|
|Millennium Inorganic Chemicals||Environmental Protection (Australind Pigment Plant Noise Emissions) Approval 2010 (Government Gazette 2010/231)|
1. Environmental Protection (Pinjar Gas Turbine Station Noise Emissions) Approval 2004 (Government Gazette 2004/170)
2. Environmental Protection (Pinjar Gas Turbine Station Noise Emissions) Amendment Approval 2011 (Government Gazette 2011/168)
|Talison Lithium Australia||Environmental Protection (Talison Lithium Australia Greenbushes Operation Noise Emissions) Approval 2015 (Government Gazette 2015/031)|
|Global Advanced Metals||Environmental Protection (Global Advanced Metals Greenbushes Operation Noise Emissions) Approval 2015 (Government Gazette 2015/031)|
|Premier Coal||Environmental Protection (Wesfarmers Premier Coal Mine Noise Emissions) Approval 2003 (Government Gazette 2003/197)|
|Wespine||Environmental Protection (Dardanup Pine Log Sawmill Noise Emissions) Approval 2013 (Government Gazette 2013/77)|
1. Environmental Protection (Western Power Transmission Substation Noise Emissions) Approval 2005 (Government Gazette 2006/99)
2. Environmental Protection (Western Power Transmission Substation Noise Emissions) Approval Amendment 2012 (Government Gazette 2012/127)
|Western Power||Environmental Protection (Western Power Electrical Distribution Transformer Noise Emissions) Approval 2014 (Government Gazette 2014/64)|
Current Section 6 OrdersShow more
1. Environmental Protection (Regional Power Stations Noise Emissions) Exemption Order 2004 (Government Gazette 2004/91)
2. Environmental Protection Act 1986—Environmental Protection (Regional Power Stations Noise Emissions) Exemption Order 2006 (Government Gazette 2006/234)
|Augusta-Margaret River Hot Rod Club||Environmental Protection (Margaret River Speedway) Exemption Order 2000 (Government Gazette 2000/280)|
|Jingle Holdings Pty Ltd||Environmental Protection (Belvoir Amphitheatre) Exemption Order 1999 (Government Gazette 1999/22)|