- Environmental Protection Act Amendment Bill 2024 introduced to Parliament
- Reforms to speed up approvals while retaining strong environmental protections
- New parallel approvals system to allow regulators to make decisions ahead of environmental approval being granted, where appropriate
- Independent EPA to be issued with a ‘Statement of Expectation’
- Cook Labor Government continuing to deliver environmental approvals reforms to drive local jobs and economic diversification
The Cook Labor Government will today introduce to Parliament the most significant reforms to Western Australia’s environmental approval laws in a generation, helping to fast-track major job-creating projects while maintaining Western Australia’s world-class environmental standards.
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.
As stated by Premier Roger Cook:
“This legislation strikes the right balance – slashing green tape, removing duplication and reducing delays – all while maintaining the highest environmental standards.
“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.
“These sensible reforms retain all environmental protections, but streamline processes into a more efficient, responsive system.
“Western Australia needs an environmental approvals framework that is modern, fit for purpose and delivers for the environment, the green energy transition and local jobs.
“This legislation will ensure Western Australia continues to be the engine room of the nation and deliver on our ambitions to become a green energy powerhouse.”
As stated by Environment Minister Reece Whitby:
“Whether it’s ending native logging, retiring all State-owned coal-fired power by 2030, or undertaking the largest-ever expansion of Western Australia’s conservation estate, the Cook Labor Government has done more for WA’s environment than any other government in our State’s history.
“These reforms will ensure WA’s high environmental protection standards are upheld while supporting efficient processes for business.
“Importantly, these reforms will not change how the EPA assesses environmental impact – they are sensible changes that will streamline approval processes without compromising the EPA’s independence.”
