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Parliamentary Questions


Question Without Notice No. 764 asked in the Legislative Council on 11 September 2018 by Hon Diane Evers

Parliament: 40 Session: 1

STRUCTURE PLAN — GOODE BEACH, ALBANY

764. Hon DIANE EVERS to the Minister for Environment:

I refer to the structure plan for lot 660 at Goode Beach, Albany, and the Environmental Protection Authority determination that the City of Albany must first amend the local planning scheme.

(1) Has the City of Albany referred a local planning scheme amendment to the EPA for this proposal?

(2) Can a third party make a submission to the EPA to undertake a formal environmental impact assessment of a local planning scheme amendment and at what time would this occur?

(3) Is the structure plan for the proposed development at lot 660 at Goode Beach a significant development proposal—that is, neither a proposal under an assessed scheme nor a strategic proposal?

(4) At what point in the EPA consideration of a significant development proposal can a third party make a valid referral of the proposal to the EPA under section 38(1) of the Environmental Protection Act 1986?

(5) What occurs if a third party submits a referral for a proposal prior to Western Australian Planning Commission approval?

(6) Who determines whether a third party referral of a significant proposal that is neither a proposal under an assessed scheme nor a strategic proposal is a valid referral under section 38 of the Environmental Protection Act, and —

(a) what criteria are used to make this determination; and

(b) when is the determination made?

The PRESIDENT: I must say I have just picked up again that there is a bit of a trend of questions getting longer and longer. I just note that.

Hon STEPHEN DAWSON replied:

I thank the honourable member for some notice of the question.

(1) No.

(2) No. Only a responsible authority can refer a scheme amendment to the Environmental Protection Authority.

(3)–(4) The status of the structure plan and whether it is a significant proposal has not been determined. There is no referral before the Environmental Protection Authority. Generally, structure plans are considered a strategic proposal and only able to be referred by the proponent to the Environmental Protection Authority. In order for a structure plan to be established as a significant proposal, it needs to be sufficiently detailed. If a referral is received from a third party, the Environmental Protection Authority needs to first consider whether the proposal is sufficiently detailed in order for it to be assessed as a proposal.

(5) If the proposal is determined to be a significant proposal, the Environmental Protection Authority must decide whether to formally assess it. If the Environmental Protection Authority decides to assess, the Western Australian Planning Commission would be constrained from approving the proposal. If the Environmental Protection Authority decides not to assess, it may provide public advice in relation to the proposal.

(6) It is the Environmental Protection Authority.

(a) The criteria are as set out in the Environmental Impact Assessment (Part IV Divisions 1 and 2) Administrative Procedures 2016, the 2018 ''Environmental Impact Assessment (Part IV Divisions 1 and 2) Procedures Manual'' and the Environmental Protection Authority's June 2018 ''Statement of Environmental Principles, Factors and Objectives'', as well as relevant case law principles.

(b) It is made when the Environmental Protection Authority has sufficient information on the proposal.