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Key points
- By December 2009, the EPA will have independent control of its staff, budget, management and administration and will be conducted from the Office of the EPA
- The EPA will be responsible for policy development, environmental impact assessment and monitoring compliance with ministerial conditions throughout the life of projects
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In the biggest changes to Western Australia’s Environmental Protection Authority (EPA) in 20 years, the independent environmental watchdog will be given greater autonomy and management of its own resources. Changes have also been made to the role of the EPA to respond to the growing complexity, size and demands of development assessment matters in WA. The EPA will have responsibility for policy development, environmental impact assessment and condition compliance monitoring.
The changes are the result of a number of recommendations, including the Environmental Stakeholder Advisory Group’s report to the Minister for the Environment; The Role and Structure of the Environmental Protection Authority (ESAG Report). The ESAG Report was prepared in response to an EPA recommendation that ‘consideration should be given to the EPA being provided management control of its resources and business in line with its statutory responsibilities.’ The ESAG Report considered the role and structure of the EPA. It concluded that the EPA needs to focus on environmental policy and risk-based strategic assessment, in order to provide coordinated environmental assessments and efficient and effective advice to the Minister. It also concluded that the EPA should have the capacity to recommend and monitor project conditions, which would increase understanding of the effectiveness of the conditions in mitigating environmental damage.
The transfer of responsibility is expected to facilitate a better balance between responsible development and protection of the environment. Under the previous arrangement whereby the Department of Environment and Conservation (DEC) provided services to the EPA, potential confl icts of interest arose in relation to policy advice and proponent responsibilities when the DEC was a project proponent. While the DEC will retain responsibility for conservation and environmental regulatory matters such as clearing of natural vegetation, natural resource management, pollution and licensing, the EPA will require signifi cant resources to fulfil its new role. It is hoped that the new functions and structure will give the EPA greater ability to deal with emerging demands and complex issues in relation to development proposals, such as the Gorgon Project.
This article was written by Tony van Merwyk, Partner and Lisa Ranford, Solicitor, Perth.
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