WA environmental protection reforms to streamline projects

On Thursday 15 August 2024, the WA Government introduced the Environmental Protection Amendment Bill 2024 to Parliament. If passed the reforms will have the potential to significantly streamline the approval process for energy and mining project proponents.

The Bill implements several recommendations from the review of Western Australia's environmental approvals system completed by Dr Paul Vogel and Mr. David McFerran, and proposes a range of targeted amendments to the Environmental Protection Act 1986 (WA) (EP Act) including the widely anticipated reforms to allow for parallel decision making.

The Bill proposes to:

1. expand membership of the Environmental Protection Authority (EPA) to enable it to consist of up to nine members;
2. introduce a statement of expectation to be issued by the Minister for the Environment to the EPA which outlines the Minister's objectives for the EPA, to provide a clear line of sight of Government priorities and expectations in the performance of the EPA's functions;
3. allow for parallel decision making to take place in respect of proposals that are the subject of environmental impact assessment under Part IV of the EP Act, by providing that certain prescribed 'restricted decisions' (rather than all decisions) must wait until the Part IV assessment process has concluded, whilst still preserving the ability to carry out minor or preliminary work with the EPA's consent;
4. increase transparency around the use of the Minister's powers to direct the EPA to report on proposals within a specified time or before a specified date; and
5. remove the right of appeal where the EPA decides not to assess a proposal and to require a summary of reasons for that decision to be published.

Of particular interest to mining and resources project proponents are the proposed changes to allow for the parallel decision-making to take place in respect to projects undergoing the Part IV assessment process through the amendment of section 41 of the EP Act. If passed, these proposed changes will streamline the approvals process and expedite the process of obtaining secondary approvals.

If you would like to discuss how the proposed changes to the EP Act outlined in the Bill may impact your operations in Western Australia, please contact our team.