Western Australia is stepping into a new era of environmental reform with the introduction of the Environmental Protection Act Amendment Bill 2024. This legislation, poised to be the most transformative change in the state’s environmental approval processes for decades, aims to expedite the approval of major projects while upholding Western Australia’s high environmental standards.
The new reforms are designed to address the complexities and delays that have plagued the environmental approval process. Previously, projects could face significant delays due to the requirement for other government regulators to await the Environmental Protection Authority’s (EPA) impact assessment before issuing their own approvals. This bottleneck often resulted in projects being stalled for years, which not only hindered economic progress but also placed unnecessary strain on stakeholders.
With the introduction of the Environmental Protection Act Amendment Bill 2024, the Cook Labor Government is responding to the recommendations of the Vogel-McFerran Review. This review highlighted that the existing approval system was overly complex and time-consuming without necessarily improving environmental outcomes. The new legislation includes several key changes designed to streamline the process while ensuring that environmental protections remain robust.
A central feature of the reform is the implementation of a parallel decision-making system. This new system allows other government regulators to issue their approvals concurrently with the EPA’s environmental impact assessment. This change is expected to significantly reduce the time required to get major projects off the ground, potentially saving years in the approval process. However, it is important to note that projects will still require EPA approval to commence, and penalties for commencing work without such approval will be increased. Individuals face fines of up to $125,000, while organisations could be fined up to $250,000.
The reform also introduces a ‘Statement of Expectation’ from the Environment Minister to the EPA. This statement will provide clearer guidance on the government’s priorities, including the focus on green energy transition, housing delivery, job creation, and the protection of Western Australia’s unique environment. The EPA’s board will be expanded to between five and nine members, each possessing expertise in fields crucial to the EPA’s functions, ensuring a more comprehensive and knowledgeable oversight.
Another significant change is the removal of the right of appeal against EPA decisions not to assess certain projects. While this might initially seem like a restriction, the new approach aims to streamline the process and reduce unnecessary delays. Most projects in these cases will still be subject to other rigorous environmental regulations. The EPA will now provide a summary of reasons for its decisions, bringing Western Australia’s processes in line with other Australian jurisdictions and reducing the volume of appeals.
These reforms build upon earlier measures already taken by the Cook Labor Government, such as opening a new CBD office hub for the EPA and introducing new recruitment and mentoring programs at the Department of Water and Environmental Regulation. Additionally, there have been exemptions for certain amendments to regional and local planning schemes from automatic EPA referral, further easing the regulatory burden.
Premier Roger Cook praised the legislation, emphasising that it strikes a balance between reducing bureaucracy and maintaining high environmental standards. “This legislation is about slashing green tape, removing duplication, and reducing delays, all while ensuring we keep the highest environmental standards in place,” he said. He added that the reforms are designed to modernise the environmental approvals framework and support Western Australia’s ambitions to become a leader in green energy.
Environment Minister Reece Whitby also supported the reforms, highlighting the Cook Labor Government’s track record on environmental issues. “From ending native logging to retiring state-owned coal-fired power plants by 2030, we have already taken significant steps for Western Australia’s environment. These reforms will ensure that while we maintain high environmental protection standards, we also support more efficient processes for business,” Whitby noted.
The new reforms mark a pivotal moment in Western Australia’s approach to environmental approvals. By addressing the inefficiencies of the previous system, the Cook Labor Government aims to create a more responsive and effective approval process that can better support major projects and economic development, while continuing to safeguard the environment. The bill’s introduction is expected to set a precedent for other regions and contribute to a more streamlined and balanced approach to environmental regulation in Australia.
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