Directions Paper - Western Australian Planning Commission

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Directions Paper on the Integration of NRM and Land Use Planningof a local government support unit within DPI toprepare local planning strategies and schemesfor lower capacity local governments.Recommended action:• Provide technical planning support tolocal governments for the integrationof NRM into land use planning.4.3 EnvironmentalProtection AuthorityThe Environmental Protection Authority (EPA)is a statutory authority established under theEnvironmental Protection Act 1986, and is theprimary provider of independent environmentaladvice to the government. The EPA consists offive members, including a full time chairperson,and is supported by the EPA service unit of theDepartment of Environment and Conservation(DEC). The EPA’s objectives are to protect theenvironment and to prevent, control and abatepollution and the EPA achieves this primarilythrough:• Providing advice to the community,stakeholders, developers, regulators andthose within Government who formulateenvironmental policy;• Preparing Environmental ProtectionPolicies which have the force of law; and• Assessing development proposals andactivities that have the potential to impacton the environment, and advising theMinster for the Environment regardingtheir environmental acceptability.Further information on the role of the EPA can befound on their website www.epa.wa.gov.au4.3.1 Relationship with the Departmentof Environment and ConservationThe EPA is supported by the EPA service unitwhich comprises the Environmental ImpactAssessment and Policy Divisions of the DEC.This unit provides professional and technicalsupport to the EPA in carrying out its duties.In undertaking its function, the EPA service unitworks closely with officers within DEC, takinginto consideration advice and recommendationsfrom the regional office’s and the technicaldivisions within DEC. Any proposal or schemethat requires referral to the EPA for a decision onthe level of assessment does not usually requirea separate referral to DEC.4.3.2 Environmental impact assessmentand adviceThe EPA’s role in land use planning is clearlyestablished through the interface between theEnvironmental Protection Act 1986 and thePlanning and Development Act 2005, whichsets up a formal referral and environmentalimpact assessment process for developmentproposals, planning schemes and schemeamendments. The Planning and DevelopmentAct 2005 requires the formal referral of schemesto the EPA and establishes how the EIA processis integrated into the planning process. TheEnvironmental Protection Act 1986 sets up themechanisms for assessment and the process ofEnvironmental Impact Assessment and providesthe EPA with the ability to provide informalstrategic environmental advice when requestedby the Minister.Informal strategic environmental advice(s16(e))Section 16 (e) of the Act provides for the EPA to“advise the Minister on environmental mattersgenerally and on any matter which he may referto it for advice, including the environmentalprotection aspects of any proposal or scheme”.Advice provided under this section of the Actis non-binding and has been used primarily toidentify key environmental issues associatedwith broad scale proposals including adviceon whether a proposal may be potentiallyacceptable. One recent example of the use ofstrategic environmental advice is the PrestonIndustrial Park development, a project covering2950ha. The EPA provided strategic advice tothe Minister for the Environment, on the projectbeing undertaken by the DPI, on behalf ofthe WAPC, to develop a structure plan for the18
Directions Paper on the Integration of NRM and Land Use PlanningPreston Industrial Park. Recommendationswere provided on the need to protect significantareas of regionally significant vegetation andother natural areas required for the purpose ofenhancing and restoring ecological linkages,and on the need for additional studies on arange of matters including wetland buffers,water quantity and quality, acid sulphate soils,floodway management and waste management.The DPI and the EPA have been collaborating ona process to resolve the environmental mattersat an early stage in order to allow for detailedplanning for the area to proceed. (EPA BulletinNo. 1282).Referral of schemes (s48)Region schemes, local planning schemesand their amendments are referred by theresponsible authority (the Local Governmentin respect to local planning schemes andamendments, and the WAPC in respect toRegion Schemes and amendments) to theEPA under section 48 of the EP Act 1986for assessment. The underlying reasoningbehind requiring the referral of schemes andamendments is to ensure the environmentalsuitability of land for proposed uses priorto rezoning, and identification of criticalenvironmental management requirementsaffecting the use and development of the land,so that it is not necessary for all subsequentdevelopment and subdivision applications to besubject to environmental assessment.Currently all schemes and amendments arerequired to be referred regardless of the levelof potential impact on the environment theamendment may have. In addition, referral ofscheme amendments by the local governmentoccurs prior to consideration of the validityof the amendment by the Western AustralianPlanning Commission, which can result inthe EPA assessing a proposal that is unlikelyto be approved (eg. an amendment that isinconsistent with a local planning strategy).There is therefore a potential ability to furtherstreamline the environmental assessmentprocess.Referral of proposals (s38)Section 38 of the EP Act requires all proposalsthat are likely to have a significant effect onthe environment to be referred to the EPA forassessment by the decision making authority.Subdivisions and development applications aretypes of proposals that fall under this category.Not all significant proposals are required to bereferred to the EPA. Proposals are generally notrequired to be referred if they;a) have environmental impacts that can bemanaged by enforceable requirements;b) are in accordance with an assessedscheme, that has had all theenvironmental issues previously assessed;c) have been previously referred;d) are likely to be refused; ore) will be subject to an amendment;In addition to significant proposals, amendmentsto the EP Act in 2003 introduced the ability of theEPA to assess strategic proposals under s38.Under section 37B(2) a proposal is classifiedas a strategic proposal if, and to the extent withwhich it identifies:a) a future proposal that will be a significantproposal; orb) future proposals likely, if implementedin combination with each other, to havesignificant effect on the environment.The concept of strategic environmentalassessment of proposals is relatively new, andthe EPA is currently trialling the assessment ofstrategic proposals before publishing detailedguidelines. Referral of a strategic proposal willusually be by the proponent on a voluntary basisand is initiated through discussions with theEPA.Environmental impact assessmentIn determining the environmental significanceof a proposal and deciding whether a proposalwill be formally assessed, several factors aretaken into consideration as prescribed in the19
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Directions Paper - Western Australian Planning Commission

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