Western Australia: Environmental Protection Act 1986 (WA)

Western Australia Environmental Protection Act 1986 Western Australia Environmental Protection Act 1986 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. Terms used relating to pollution and environmental harm 1 4. Crown bound 1 4A. Object and principles of Act 1 5. Inconsistent laws 1 6. Power of Minister or Authority to exempt 1 Part II — Environmental Protection Authority Division 1 — Composition, procedure, etc. of Environmental Protection Authority 7. Continuation and composition of Environmental Protection Authority 1 7A. Authority member unable to act 1 8. Independence of Authority and Chair 1 9. Remuneration and allowances of Authority members 1 10. Business of Authority 1 11. Meetings of Authority 1 12. Disclosure of interests by Authority members 1 13. Decisions of persons presiding at meetings of Authority 1 14. Minutes to be kept of meetings of Authority 1 14A. Decision without meeting 1 15. Objectives of Authority 1 16. Functions of Authority 1 17. Powers of Authority 1 17A. Provision of services, information etc. to Authority 1 18. Delegation by Minister 1 19. Delegation by Authority 1 20. Delegation by CEO 1 21. Authority to make annual report 1 Division 1A — Ministerial statement of expectation 21A. Terms used 1 21B. Minister to issue ministerial statement of expectation 1 21C. Review and reissue of expectation statement 1 21D. Expectation statement to be laid before Parliament 1 21E. Expectation statement to be published 1 Division 2 — Staff of Department, etc. 22. Appointment and engagement of staff generally 1 24. Use of staff and facilities of other departments etc. 1 25. Advisory groups, committees, councils and panels 1 Part III — Environmental protection policies 26. Draft policy, preparation and publicising of 1 27. Persons may make representations to Authority on draft policy 1 28. Consideration, revision and submission to Minister of draft policy by Authority 1 29. Public inquiry into draft policy 1 30. Minister to consult on draft policy 1 31. Minister to remit draft policy, or approve it (with or without amendments) or refuse to approve it 1 32. Reconsidering and resubmitting remitted draft policy 1 33. Approved policies, status and revocation of 1 34. Orders made under s. 31(d), Parliamentary oversight of 1 35. Content of approved policies 1 36. Review of approved policies 1 37. Minor changes to approved policies 1 37A. NEPM may be declared to be approved policy 1 Part IV — Environmental impact assessment Division 1 — Referral and assessment of proposals 37B. Terms used 1 38. Referral of proposals 1 38A. Calling in a proposal 1 38B. Requirements as to referrals 1 38C. Proponent may amend a referred proposal 1 38D. Proponent may give notice that a referred proposal will not proceed 1 38E. Proposals derived from assessed strategic proposals 1 38F. Request for further information 1 38G. Authority must decide whether to assess a referred proposal 1 38H. Nomination of person responsible for proposal 1 38I. Change of person responsible for proposal 1 39. Authority to keep records of referred proposals 1 40. Assessing referred proposals 1 40AA. Assessment of significant amendments 1 40A. Termination of assessment 1 40B. Application of assessment provisions to strategic proposals and strategic assessments 1 41. Restrictions on decisions by decision‑making authorities 1 41A. Proposal not to be implemented before action under s. 45 taken 1 42. Conduct of public inquiries under s. 40(2)(c) 1 43. Minister may direct Authority as to assessing proposal 1 43A. Amendments to proposals during assessment 1 44. Report by Authority on assessment of proposal 1 Division 2 — Implementation of proposals 44A. Terms used 1 45. Procedure for deciding if assessed proposal may be implemented 1 45A. Implementation conditions 1 45B. Implementation of derived proposal 1 45C. Amending approved proposals or implementation conditions without inquiry or assessment 1 45D. Division or consolidation of proposals and issue of separate or combined Ministerial statements 1 46. Amending implementation conditions after inquiry 1 46A. Interim conditions and procedures 1 47. Duties of proponents after service of Ministerial statement 1 47A. Duration and withdrawal of Ministerial statement 1 48. Control of implementation of proposals 1 Division 2A — Supplementary provisions relating to proposals 48AA. Fees and charges for referral and assessment of proposals 1 48AB. Reporting on matters relating to proposals 1 Division 3 — Assessment of schemes 48AAA. Certain schemes not required to be assessed 1 48A. Authority to decide whether or not schemes to be assessed 1 48B. Authority to keep public records of schemes referred to it 1 48C. Authority's powers for assessing referred schemes 1 48D. Authority to report to Minister on schemes 1 48E. Minister may direct Authority to assess etc. referred schemes 1 Division 4 — Implementation of schemes 48EA. Terms used 1 48F. Procedure for agreeing or deciding on conditions to which schemes are to be subject 1 48G. Review of conditions in statements published under section 48F 1 48H. Control of implementation of assessed schemes 1 48I. Which proposals under assessed schemes to be referred to Authority 1 48J. Disputes between Minister and responsible Ministers, Governor to decide 1 Part V — Environmental regulation Division 1 — Pollution and environmental harm offences 49. Causing pollution and unreasonable emissions 1 49A. Dumping waste 1 50. Discharging waste in circumstances likely to cause pollution 1 50A. Causing serious environmental harm 1 50B. Causing material environmental harm 1 50C. Court may find accused guilty of alternative offences if charged with causing serious environmental harm 1 50D. Regulations may require authorisation for conduct that might cause pollution or environmental harm 1 51. Occupiers of premises, duties as to emissions 1 Division 2 — Clearing of native vegetation 51A. Terms used 1 51B. Declaration of environmentally sensitive areas by regulation 1 51C. Unauthorised clearing of native vegetation 1 51D. Section 51C(a) does not apply to certain land 1 51DA. Referral of proposed clearing to CEO for decision on whether a clearing permit should be obtained 1 51E. How applications for clearing permits are made and dealt with 1 51F. Decisions about clearing related to proposals 1 51G. Duration of clearing permits 1 51H. Clearing permit conditions 1 51I. Some kinds of conditions 1 51J. Contravening clearing permit conditions 1 51K. Amending clearing permit 1 51KA. Application to amend clearing permit 1 51KB. Amendments to clearing permits related to proposals 1 51L. Revoking or suspending clearing permit 1 51M. Procedure for CEO when amending, revoking or suspending clearing permit 1 51MA. Surrendering clearing permit 1 51N. Continuation of area permit on change of ownership 1 51O. Principles and instruments to be considered when making decisions as to clearing permits 1 51P. Relationship between clearing permits and approved policies 1 51Q. CEO to keep a record of clearing permits and related matters 1 51R. Evidentiary matters 1 51S. Clearing injunctions 1 51T. Other laws as to clearing vegetation not affected by this Division 1 Division 3 — Prescribed premises, works approvals and licences 52. Changing premises to become prescribed premises requires approval 1 53. Prescribed premises, restrictions as to changes to etc. 1 54. Works approvals, applying for, granting, refusing etc. 1 55. Contravening conditions of works approvals 1 56. Occupiers of prescribed premises to be licensed for emissions etc. 1 57. Licences, applying for, granting, refusing etc. 1 58. Contravening licence conditions 1 59. Amending works approval or licence 1 59A. Revoking or suspending works approval or licence 1 59B. Procedure for amending, revoking or suspending works approval or licence 1 60. Relationship between works approvals or licences and approved policies 1 61. Duty of persons becoming occupiers of prescribed premises 1 62. Works approval and licence conditions 1 62A. Some kinds of conditions 1 63. Duration of works approvals and licences 1 63A. CEO to keep and publish record of works approvals and licences 1 64. Transfer of works approvals and licences 1 Division 4 — Notices, orders and directions 64A. CEO to keep records of notices 1 65. Environmental protection notices, issue and effect of 1 66. Environmental protection notices, registration of etc. on land titles 1 67. Duties of person ceasing to be owner etc. of land subject to notice registered under s. 66 1 68. Restriction on subdividing etc. land subject to notice registered under s. 66 1 68A. Closure notices, issue and effect of 1 69. Stop orders, issue and effect of 1 70. Vegetation conservation notices, issue and effect of 1 71. Environmental protection directions, issue and effect of 1 72. Duty to notify CEO of discharges of waste 1 73. Powers to deal with etc. discharges of waste, pollution and environmental harm 1 73A. Prevention notices, issue and effect of 1 73B. Breach of notice issued under s. 65, 70 or 73A, damages for 1 Division 5 — Miscellaneous 74. Defences to certain offences 1 74A. Defences to offences of causing pollution etc.: authority of this Act 1 74B. Other defences to environmental harm offences 1 75. Discharges or emissions in emergencies 1 76. Miscellaneous offences 1 77. Vehicles and vessels, duties of owners etc. of 1 78. Interfering with anti‑pollution devices on vehicles or vessels 1 79. Unreasonable noise emissions from premises 1 80. Installing equipment emitting unreasonable noise 1 81. Noise abatement, powers for 1 81A. Seizing noisy equipment 1 82. Ancillary powers for s. 81 and 81A 1 83. Duty to give assistance and information to officials 1 84. Excessive noise emissions from vehicles or vessels 1 85. Excessive noise emissions from equipment 1 86. Manufacture, sale etc. of products emitting excessive noise 1 Part VA — Financial assurances 86A. Terms used 1 86B. Financial assurance requirements, imposition and effect of 1 86C. Minister's consent needed to impose etc. financial assurance requirement 1 86D. Amount of financial assurance 1 86E. Claim on or realising of financial assurance 1 86F. Lapsing of financial assurance requirement 1 86G. Use of financial assurance not to affect other action 1 Part VI — Enforcement 87. Authorised persons, appointment of 1 88. Inspectors, appointment and purposes of 1 89. Entry powers of inspectors 1 89A. Use of assistance and force 1 90. Powers of inspectors to obtain information 1 91. Entry powers of inspectors for s. 86 1 91A. Stopping etc. vehicles and vessels, powers of inspectors and authorised persons as to 1 92. Inspectors may require details of certain occupiers and others 1 92A. Seizing evidence etc. 1 92B. Dealing with seized things 1 92C. Returning seized things 1 92D. Forfeiture of abandoned property 1 92E. Person not to interfere with seized things 1 92G. Inspector to try to minimise damage 1 92H. Compensation for loss etc. due to enforcement action 1 93. Obstructing etc. inspectors or authorised persons 1 94. Analysts, appointment of 1 95. CEO may require information about industrial processes etc. 1 96. CEO may require information about vehicles or vessels 1 97. CEO may require vehicles, vessels and equipment to be made available for testing 1 98. Police officers' powers for inspecting etc. vehicles and vessels 1 99. Police officers may stop audible alarms 1 Part VIA — Legal proceedings and penalties Division 1 — Prescribed offences and modified penalties 99AA. Term used: prescribed offence 1 99A. Modified penalty notice, issue of 1 99B. Content of modified penalty notice 1 99C. Extending time to pay modified penalty 1 99D. Withdrawing modified penalty notice 1 99E. Consequence of paying modified penalty 1 99F. Register of modified penalty notices etc. 1 99G. Application of penalties collected 1 Division 2 — Infringement notice offences 99H. Terms used 1 99I. Designated persons for s. 99K, 99M or 99N, appointment of 1 99J. Infringement notice, issue of 1 99K. Content of infringement notice 1 99L. Some prior convictions and payments of modified penalties to be disregarded for s. 99K(3) 1 99M. Extending time to pay modified penalty 1 99N. Withdrawing infringement notice 1 99O. Consequence of paying modified penalty 1 99P. Application of penalties collected 1 Division 3 — Penalties 99Q. Penalties 1 99R. Daily penalty 1 99S. Attempt and accessory after the fact 1 Division 4 — Additional powers available to the court 99T. Term used: convicted 1 99U. Orders generally 1 99V. Orders for forfeiture 1 99W. Disposal of forfeited things 1 99X. Orders for prevention, restoration etc. 1 99Y. Orders for costs, expenses and compensation 1 99Z. Orders regarding monetary benefits 1 99ZA. Orders requiring public notice to be given etc. 1 99ZB. Enforcing orders to pay moneys 1 Part VII — Appeals 100. Appeals against Authority's decisions etc. as to proposals and schemes 1 101. Minister's powers on appeals under s. 100 1 101A. Appeals against decisions as to clearing permits 1 102. Appeals against decisions as to works approvals and licences 1 103. Appeals against decisions as to notices issued under s. 65, 68A, 70 or 73A 1 104. Appeals against CEO's requirements under s. 96 or 97 1 105. Matters that cannot be appealed 1 106. Preliminary procedure on appeals 1 107. Minister's powers on appeal 1 107A. Appeals Convenor, appointment of 1 107B. Functions of Appeals Convenor 1 107C. Appeals panel, appointment of 1 107D. Administrative procedures for appeals 1 108. Appeals committees, composition and remuneration of 1 109. Procedure of appeals committees 1 110. Minister's decisions on appeals, implementation and publication of 1 Part VIIA — Landfill levy Division 1 — Collection of levy imposed under Environmental Protection (Landfill) Levy Act 1998 110A. Terms used 1 110B. Payment of levy 1 110C. Financial assurance 1 110D. Payment by instalments 1 110E. Penalty for non‑payment 1 110F. Recovery of levy 1 110G. Evading levy 1 Division 2 — Waste Management and Recycling Account 110H. Waste Management and Recycling Account 1 110I. Application of Financial Management Act 2006 and Auditor General Act 2006 1 110J. Review of Part VIIA 1 Part VIII — General 111. Saving of rights at law to prevent etc. pollution etc. 1 111A. Victimisation of informants etc. 1 112. False information 1 112A. Self‑incrimination 1 114. Prosecutions, who may institute 1 114A. Prosecutions, limitation periods for 1 115. Investigation expenses 1 116. Disputes between Authority and other public authority 1 116A. Proof not required of certain matters 1 116B. Proof of remotely sensed images 1 117. Proof of documents 1 118. Establishing state of mind of body corporate 1 118A. Liability of officers for offence by body corporate 1 119. Averment of occupation or control 1 120. Disclosing certain information restricted 1 121A. Authority to perform certain functions in relation to Crown land for purposes of this Act 1 121. Protection from personal liability 1 122. Administrative procedures, Authority may establish 1 122A. Codes of practice 1 122B. Forms and other matters relating to documentation 1 123. Regulations 1 124. Review of Act 1 Part VIIIA — Bilateral agreements with the Commonwealth 124A. Terms used 1 124B. Effect of Part 1 124C. Additional function of Authority 1 124D. Application for a matter to be dealt with as a bilateral matter 1 124E. Performance of functions in respect of bilateral matters 1 124F. Fees in relation to bilateral matters 1 124G. Disclosure of information for the purposes of bilateral agreements 1 124H. Regulations 1 Part IX — Transitional Division 1 — Transitional provisions for Environmental Protection Act 1986 125. Interpretation Act 1984 not affected 1 126. Transitional provisions for Environmental Protection Act 1971 1 127. Transitional provisions not related to Environmental Protection Act 1971 1 128. General saving 1 Division 2 — Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part 2 129. Term used: amending Act 1 130. Appeals in respect of proposals 1 131. Appeals in respect of clearing permits 1 132. Appeals in respect of works approvals and licences 1 Division 3 — Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part 3 133. Minor or preliminary work that has Authority's consent 1 Division 4 — Transitional provisions for Environmental Protection Amendment Act 2020 Subdivision 1 — General provision 133A. Term used: amending Act 1 Subdivision 2 — Transitional provisions relating to clearing matters 133B. Declaration of environmentally sensitive areas 1 133C. Clearing permit applications 1 133D. Clearing injunctions 1 Subdivision 3 — Transitional provisions relating to works approvals and licences 133E. Terms used 1 133F. Works approvals 1 133G. Licences 1 133H. Existing applications for works approvals or licences 1 133I. Existing applications as to existing works approvals 1 133J. Existing applications as to existing licences 1 133K. Appeals in respect of refusal to grant works approvals and licences 1 133L. Other appeals in respect of works approvals and licences 1 Subdivision 4 — Other matters 133M. Referred proposals 1 133N. Chair and Deputy Chair 1 133O. Transitional regulations 1 133P. Interpretation Act 1984 not affected 1 Division 5 — Transitional provisions for Environmental Protection Amendment Act 2024 Subdivision 1 — Preliminary 133Q. Terms used 1 133R. Application of Interpretation Act 1984 1 Subdivision 2 — Main provisions 133S. Transitional regulations 1 133T. Existing Authority members 1 133U. Parallel decision‑making: section 41 1 133V. Parallel decision‑making: Part V 1 133W. Existing appeals against Authority's decision not to assess proposal 1 133X. Exemption order 1 133Y. Amendment to Environmental Protection Regulations 1987 r. 5DA 1 Part X — Validation Division 1 — Provisions relating to The Wilderness Society v Minister for Environment 134. Terms used 1 135. Grounds of invalidity 1 136. Certain proceedings of Environmental Protection Authority and other things validated 1 137. Exclusions from validation 1 Division 2 — Provisions relating to licences that ceased to have effect due to non‑payment of licence fee 138. Terms used 1 139. Validation 1 140. CEO notified holder of licence that licence had ceased to have effect 1 141. Licence replaced by new licence before validation day 1 Schedule 1 — Penalties Part 1 — Tier 1 offences and penalties Division 1 — Individuals Division 2 — Bodies corporate Part 2 — Tier 2 offences and penalties Division 1 — Individuals Division 2 — Bodies corporate Division 3 — Individuals and bodies corporate Part 3 — Tier 3 offences and penalties Schedule 2 — Matters in respect of which regulations may be made Schedule 3 — Transitional provisions related to Environmental Protection Act 1971 Schedule 4 — Transitional provisions not related to Environmental Protection Act 1971 Schedule 5 — Principles for clearing native vegetation 1. Principles 1 2. Terms used 1 Schedule 6 — Clearing for which a clearing permit is not required Schedule 7 — Appeals Convenor 1. Term of office 1 2. Salary and entitlements 1 3. Resignation and removal from office 1 4. Appointment of public service officer 1 5. Other conditions of service 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Environmental Protection Act 1986 An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. [Long title amended: No. 54 of 2003 s. 27.] Part I — Preliminary 1. Short title This Act may be cited as the Environmental Protection Act 1986. 2. Commencement The provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation. 3. Terms used (1) In this Act, unless the contrary intention appears — analysis means a test or examination of any matter, substance or process for the purpose of determining its composition or qualities or its effect (whether physical, chemical or biological) on any portion of the environment, or examination of emissions or recordings of noise to determine the level or other characteristics of noise or its effects on any portion of the environment; analyst means an analyst appointed under section 94; appeals committee means an appeals committee appointed under section 45(6) or 106; Appeals Convenor means the Appeals Convenor appointed under section 107A; applicant, in relation to an application for a works approval or licence, means the person applying for the works approval or licence; approved policy means a draft policy approved under section 31(d); approved proposal means a proposal the implementation of which is authorised under a Ministerial statement; assessed scheme — (a) means a scheme which has been assessed under Division 3 of Part IV and in respect of which a statement has been delivered to the responsible authority under section 48F(2)(a); (aa) includes the first Swan Valley Planning Scheme submitted in accordance with the Swan Valley Planning Act 2020 section 44 and approved under section 25(2)(a) of that Act; (b) for the purposes of Part IV, includes a scheme — (ia) of a class prescribed by regulations made under section 48AAA(2); or (i) in respect of which the responsible authority has been informed under section 48A(1)(a); or (ii) in respect of which the responsible authority has not been informed under section 48A(1)(a), (b) or (c) within 28 days after the referral of that scheme to the Authority under the relevant scheme Act; or (iii) which is a local planning scheme, or an amendment to a local planning scheme, in respect of which sections 124, 125, 126 or 128 of the Planning and Development Act 2005 have been complied with to the extent, if any, necessary in relation to a region planning scheme, or an amendment to a region planning scheme, which amendment or scheme is a scheme referred to in paragraph (a) or subparagraph (i) or (ii); or (iv) which is a local planning scheme or a region planning scheme, or an amendment to a local planning scheme or a region planning scheme, amended under the Planning and Development Act 2005 section 122J or 122K to the extent, if any, necessary in relation to an improvement scheme, or an amendment to an improvement scheme, which amendment or scheme is a scheme referred to in paragraph (a) or subparagraph (i) or (ii); (c) does not include a scheme in respect of which the responsible authority has been advised under section 48A(2)(b); authorised person means a person or member of a class of persons appointed under section 87(1), and includes the CEO; Authority means the Environmental Protection Authority continued in existence by section 7(1); Authority member means a person for the time being holding office as a member of the Authority under section 7 and includes the Chair and Deputy Chair; beneficial use means a use of the environment, or of any portion thereof, which is — (a) conducive to public benefit, public amenity, public safety, public health or aesthetic enjoyment and which requires protection from the effects of emissions or of activities referred to in paragraph (a) or (b) of the definition of environmental harm in section 3A(2); or (b) identified and declared under section 35(2) to be a beneficial use to be protected under an approved policy; books, without limiting the generality of the definition of book in section 3 of the Interpretation Act 1984, includes — (a) any register or other record of information; and (b) any accounts or accounting records, however compiled, recorded or stored, and also includes any document; CEO means the chief executive officer of the Department; Chair means the Authority member appointed to be Chair of the Authority under section 7(4a); clearing has the meaning given by section 51A; clearing permit means a clearing permit granted and in force under Part V Division 2; closure notice has the meaning given by section 68A; committee of inquiry means a committee of inquiry appointed under section 29(1); Commonwealth Environment Act means the Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth); condition includes a restriction or limitation; contaminated has the same meaning as it has in the Contaminated Sites Act 2003; contaminated sites auditor means a person accredited as a contaminated sites auditor under the Contaminated Sites Act 2003; decision‑making authority, in relation to a proposal, means a public authority empowered by or under — (a) a written law; or (b) any agreement — (i) to which the State is a party; and (ii) which is ratified or approved by an Act, to make a decision in respect of the proposal and, in Division 2 of Part IV, includes, in relation to a particular proposal, any Minister prescribed for the purposes of this definition as being the Minister responsible for that proposal; Department means the department of the Public Service of the State through which this Act is administered; Deputy Chair means the Authority member appointed to be Deputy Chair of the Authority under section 7(4a); development approval means a development approval under a scheme or a scheme Act; discharge, in relation to waste or other matter, includes deposit it or allow it to escape, or cause or permit it to be, or fail to prevent it from being, discharged, deposited or allowed to escape; draft policy means a draft of an environmental protection policy prepared under section 26; driver, in relation to — (a) a vehicle as defined in the Road Traffic (Administration) Act 2008 section 4, has the meaning given by that section; or (b) a vehicle other than a vehicle referred to in paragraph (a), means the pilot or other person steering or controlling the movements of that vehicle; or (c) a vessel, means the master as defined by the Western Australian Marine Act 1982; ecological community has the meaning given in the Biodiversity Conservation Act 2016 section 5(1); ecosystem health condition means a condition of the ecosystem which is — (a) relevant to the maintenance of ecological structure, ecological function or ecological process and which requires protection from the effects of emissions or of activities referred to in paragraph (a) or (b) of the definition of environmental harm in section 3A(2); or (b) identified and declared under section 35(2) to be an ecosystem health condition to be protected under an approved policy; emission means — (a) discharge of waste; or (b) emission of noise, odour or electromagnetic radiation; or (c) transmission of electromagnetic radiation; environment, subject to subsection (2), means living things, their physical, biological and social surroundings, and interactions between all of these; environmental harm has the meaning given by section 3A; environmental monitoring programme has the meaning given in section 110K; environmental protection covenant means an environmental protection covenant entered into and in effect under Part VB; environmental protection notice has the meaning given by section 65; environmental undertaking means — (a) a biodiversity conservation agreement under the Biodiversity Conservation Act 2016 section 114; or (b) a biodiversity conservation covenant under the Biodiversity Conservation Act 2016 section 122; or (c) a conservation covenant or agreement to reserve under the Soil and Land Conservation Act 1945 section 30B; or (d) an environmental protection covenant; or (e) some other form of binding undertaking to manage land for the protection of the environment; environmental value means — (a) a beneficial use; or (b) an ecosystem health condition; equipment means any apparatus, appliance, boiler, chimney, crane, device, dredge, engine, facility, fireplace, furnace, generator, incinerator, instrument (including musical instrument), kiln, machine, mechanism, oven, plant, railway locomotive, retort, structure, tool, vehicle or vessel or any other equipment of any kind whatsoever; final approval, in relation to a scheme which is — [(a), (aa) deleted] (ab) prepared under the Hope Valley‑Wattleup Redevelopment Act 2000, means an approval under section 15 of that Act, or under section 17 of that Act as read with that section; or (b) prepared under the Swan Valley Planning Act 2020, means an approval under section 25(2)(a) of that Act; or (c) a region planning scheme, or an amendment to a region planning scheme, means an approval under section 53 or 62, as the case requires, of the Planning and Development Act 2005; or (d) a local planning scheme, or an amendment to a local planning scheme, means an approval under section 87(2) of the Planning and Development Act 2005; or (e) a State planning policy, or an amendment to a State planning policy, to which regulations made under the Planning and Development Act 2005 section 28(3)(a) apply, means an approval of the policy or amendment by the Governor or responsible Minister under regulations made under section 28(1) of that Act; or (ea) a planning code, or an amendment to a planning code, to which regulations made under the Planning and Development Act 2005 section 32B(3)(a) apply, means an approval of the planning code or amendment by the responsible Minister under regulations made under section 32B(1) of that Act; or (f) an improvement scheme, or an amendment to an improvement scheme, means an approval under the Planning and Development Act 2005 section 87(2), as read with section 122B(1) of that Act; or (g) prepared under the Metropolitan Redevelopment Authority Act 2011, means an approval given under section 47 of that Act, or under section 49 of that Act as read with that section; fuel burning equipment means equipment (other than a motor vehicle) or an open fire in the operation of which fuel or other combustible material is or is to be used or which is or is to be used in or in connection with the burning of fuel or other combustible material; implementation conditions has the meaning given in section 44A; improvement scheme has the meaning given in the Planning and Development Act 2005 section 4(1); industrial plant means equipment — (a) which is used for the manufacturing, processing, handling, transport, storage or disposal of materials in or in connection with any trade, industry or process; or (b) which when operated is capable of an emission; or (c) which is of a prescribed class; inspector means a person appointed to be an inspector under section 88, and includes the CEO; licence means a licence granted and in force under Part V Division 3; licensee means the holder of a licence; local planning scheme has the meaning given to that term in the Planning and Development Act 2005 section 4; material environmental harm has the meaning given by section 3A; materials includes raw materials, materials in the process of manufacture, manufactured materials, by‑products and waste; Ministerial statement has the meaning given in subsection (1A); minor or preliminary work includes any work prescribed as minor or preliminary work under section 41A(4); monitoring programme means all actions taken and equipment used for the purpose of detecting or measuring quantitatively or qualitatively the presence, amount or level of any substance, characteristic, noise, odour, electromagnetic radiation or effect; motor vehicle has the meaning given by the Road Traffic (Administration) Act 2008 section 4; native vegetation means indigenous aquatic or terrestrial vegetation, and includes dead vegetation unless that dead vegetation is of a class declared by regulation to be excluded from this definition but does not include vegetation in a plantation; NEPM means a national environment protection measure within the meaning of the National Environment Protection Council (Western Australia) Act 1996; noise includes vibration of any frequency, whether transmitted through air or any other physical medium; occupier, in relation to — (a) any premises, means a person who is in occupation or control of those premises, whether or not that person is the owner of those premises; or (b) premises different parts of which are occupied by different persons, means, in relation to any such part, a person who is in occupation or control of that part, whether or not that person is the owner of that part; owner, in relation to — (a) a vehicle as defined in the Road Traffic (Administration) Act 2008 section 4, has the meaning given by section 5 of that Act; or (b) a vessel, has the meaning given by the Western Australian Marine Act 1982; period of public review, in relation to a scheme which is — [(a), (aa) deleted] (ab) prepared under the Hope Valley‑Wattleup Redevelopment Act 2000, means the period referred to in section 14(1)(a) of that Act, or in section 17 of that Act as read with that section; or (b) prepared under the Swan Valley Planning Act 2020, means the period of advertisement for public inspection that applies for the purposes of section 23 of that Act; or (c) a region planning scheme, or an amendment to a region planning scheme, means the period of advertisement for public inspection prescribed for the purposes of the Planning and Development Act 2005 section 43; or (d) a local planning scheme, or an amendment to a local planning scheme, means the period of advertisement for public inspection prescribed for the purposes of section 84 of the Planning and Development Act 2005; or (e) a State planning policy, or an amendment to a State planning policy, to which regulations made under the Planning and Development Act 2005 section 28(3)(a) apply, means the period of advertisement for public inspection prescribed under section 28(3)(b)(ii) of that Act; or (ea) a planning code, or an amendment to a planning code, to which regulations made under the Planning and Development Act 2005 section 32B(3)(a) apply, means the period of advertisement for public inspection prescribed under section 32B(3)(b)(ii) of that Act; or (f) an improvement scheme, or an amendment to an improvement scheme, means the period of advertisement for public inspection prescribed for the purposes of the Planning and Development Act 2005 section 84, as read with section 122B(1) of that Act; or (g) prepared under the Metropolitan Redevelopment Authority Act 2011, means the period set and notified under section 43 of that Act, or under section 49 of that Act as read with that section; person includes a public authority; planning code means a planning code prepared under the Planning and Development Act 2005 Part 3A; planning instrument means — (a) a scheme or a strategy, policy or plan made or adopted under a scheme; or (b) a State planning policy approved under the Planning and Development Act 2005 Part 3; or (c) a local planning strategy made under the Planning and Development Act 2005; plantation means one or more groups of trees, shrubs or plants intentionally sown, planted or propagated with a view to commercial exploitation; pollution has the meaning given by section 3A; practicable means reasonably practicable having regard to, among other things, local conditions and circumstances (including costs) and to the current state of technical knowledge; practicable means includes provision and maintenance of equipment and proper use of equipment; premises means residential, industrial or other premises of any kind whatsoever and includes land, water and equipment; prescribed means prescribed by the regulations; prescribed premises means premises prescribed for the purposes of Part V; prevention notice has the meaning given by section 73A(1); proponent, in relation to a proposal, means the person who or which is responsible for the proposal, or the public authority on which the responsibility for the proposal is imposed under another written law; proposal means any of the following but not a scheme — (a) a policy, plan or programme; (b) a project, undertaking or development; (c) a change in land use; (d) an amendment of any proposal described in paragraph (a), (b) or (c); (e) an amendment described in paragraph (b) of the definition of significant amendment; proposal under an assessed scheme means an application under the assessed scheme or an Act for the approval of any development or subdivision of any land within the area to which the assessed scheme applies; protection, in relation to the environment, includes conservation, preservation, enhancement and management thereof; public authority means a Minister of the Crown acting in an official capacity, department of the Government, State agency or instrumentality, local government or other person, whether corporate or not, who or which under the authority of a written law administers or carries on for the benefit of the State, or any district or other part thereof, a social service or public utility; public place means a place that is open to the public or is used by the public, whether or not on payment of money or other consideration, whether or not that place is ordinarily so open or used and whether or not the public to whom that place is so open, or by whom that place is so used, consists only of a limited class of persons; referred proposal means a proposal referred to the Authority under section 38; region planning scheme has the meaning given to that term in the Planning and Development Act 2005 section 4; Registrar of Deeds and Transfers has the meaning given in the Registration of Deeds Act 1856 section 2; Registrar of Titles means the person designated to be the Registrar of Titles under the Transfer of Land Act 1893 section 7(1); regulations means the regulations under section 123(1); repealed Act means the Environmental Protection Act 1971; reserve means land or waters or both reserved by or under a written law for a public purpose; responsible authority, in relation to — (a) a scheme which is — [(i), (ii) deleted] (iii) prepared under the Hope Valley‑Wattleup Redevelopment Act 2000, means the Western Australian Land Authority established by section 5(1) of the Western Australian Land Authority Act 1992; or (iv) prepared under the Swan Valley Planning Act 2020, means the Western Australian Planning Commission; or [(v) deleted] (vi) a region planning scheme, or an amendment to a region planning scheme, means the Western Australian Planning Commission; or (vii) a local planning scheme, or an amendment to a local planning scheme, means the local government which is responsible for the local planning scheme or amendment; or (viii) a State planning policy, or an amendment to a State planning policy, to which regulations made under the Planning and Development Act 2005 section 28(3)(a) apply, means the Western Australian Planning Commission; or (viiia) a planning code, or an amendment to a planning code, to which regulations made under the Planning and Development Act 2005 section 32B(3)(a) apply, means the Western Australian Planning Commission; or (ix) an improvement scheme, or an amendment to an improvement scheme, means the Western Australian Planning Commission; or (x) prepared under the Metropolitan Redevelopment Authority Act 2011, means the Metropolitan Redevelopment Authority established by that Act; or (b) a subdivision which is — (i) an activity requiring approval under Part 10 Division 2 of the Planning and Development Act 2005 (including a subdivision of land by a community scheme under the Community Titles Act 2018); means the Western Australian Planning Commission; or (ii) a subdivision of land by a strata scheme under the Strata Titles Act 1985, means the local government within the district of which the subdivision is proposed; responsible Minister, in relation to a scheme, means the Minister to whom the administration of the relevant scheme Act is for the time being committed by the Governor; road has the meaning given by the Road Traffic (Administration) Act 2008 section 4; scheme means — [(a), (b) deleted] (c) a master plan within the meaning of the Hope Valley‑Wattleup Redevelopment Act 2000, or an amendment to such a master plan; or (d) the Swan Valley Planning Scheme, as defined in the Swan Valley Planning Act 2020 section 3, or an amendment of that Scheme; or [(e) deleted] (f) a region planning scheme, or an amendment to a region planning scheme; or (g) a local planning scheme, or an amendment to a local planning scheme; or (h) a State planning policy, or an amendment to a State planning policy, to which regulations made under the Planning and Development Act 2005 section 28(3)(a) apply; or (ha) a planning code, or an amendment to a planning code, to which regulations made under the Planning and Development Act 2005 section 32B(3)(a) apply; or (i) an improvement scheme or an amendment to an improvement scheme; or (j) a redevelopment scheme prepared under the Metropolitan Redevelopment Authority Act 2011 or an amendment to such a scheme; scheme Act means any of the following Acts — (a) the Planning and Development Act 2005; (b) the Metropolitan Redevelopment Authority Act 2011; (c) the Hope Valley‑Wattleup Redevelopment Act 2000; (d) the Swan Valley Planning Act 2020; sell includes — (a) barter, offer or attempt to sell, receive for sale, have in possession for sale, expose for or on sale, send, forward or deliver for sale or cause or permit to be sold or offered for sale; and (b) sell for resale; serious environmental harm has the meaning given by section 3A; significant amendment, of an approved proposal, means — (a) a proposal that — (i) is or includes the amendment of an approved proposal; and (ii) is likely, if implemented, to have a significant effect on the environment; or (b) a proposed amendment to implementation conditions relating to an approved proposal if implementation of the proposal under the amended implementation conditions is likely to have a significant detrimental effect on the environment in addition to, or different from, the effect the proposal has in its implementation under the existing implementation conditions; State planning policy means a State planning policy prepared under the Planning and Development Act 2005 Part 3; Tier 1 offence means — (a) an offence listed in Part 1 of Schedule 1; or (b) an offence declared to be a Tier 1 offence under an approved policy; Tier 2 offence means — (a) an offence listed in Part 2 of Schedule 1; or (b) an offence declared to be a Tier 2 offence under an approved policy; Tier 3 offence means — (a) an offence listed in Part 3 of Schedule 1; or (b) an offence declared to be a Tier 3 offence under an approved policy; trade means a trade, business or undertaking, whether ordinarily carried on at fixed premises or at different places, the carrying on of which results or may result in an emission, and includes an activity prescribed to be a trade, business or undertaking for the purposes of this Act; unreasonable noise has the meaning given by subsection (3); vegetation conservation notice means a vegetation conservation notice given under section 70; vehicle includes a self‑propelled vehicle, whether operated on a road or rails or otherwise, aircraft or air‑cushion vehicle or rolling stock, trailer, semi‑trailer or caravan when attached to such a self‑propelled vehicle; vessel has the meaning given by the Western Australian Marine Act 1982; waste includes matter — (a) whether liquid, solid, gaseous or radioactive and whether useful or useless, which is discharged into the environment; or (b) prescribed to be waste; waters means any waters whatsoever, whether in the sea or on or under the surface of the land; Western Australian Planning Commission means the Western Australian Planning Commission established by the Planning and Development Act 2005. works approval means a works approval granted and in force under Part V Division 3. (1A) A reference in this Act to a Ministerial statement is a reference to — (a) a statement served and published under section 45(8) or under section 45(8) as applied by section 46(8); or (b) a statement published under section 45(8)(b) as applied by section 110(3); or (c) a statement published as required by section 45D(2) or (3); or (d) if it is appropriate in the context, the implementation agreement or decision, as defined in section 44A, set out in a statement mentioned in paragraph (a), (b) or (c). (1B) A reference in this Act to the effect of a proposal on the environment includes a reference to the cumulative effect of impacts of the proposal on the environment. (2) In the case of humans, the reference to social surroundings in the definition of environment in subsection (1) is a reference to aesthetic, cultural, economic and other social surroundings to the extent to which they directly affect or are affected by physical or biological surroundings. (2aa) A reference in this Act to the discharge, emission or transmission of anything (whether accompanied by the expression "into the environment" or not) — (a) is a reference to discharge, emission or transmission onto or into land, water, the atmosphere or living things; and (b) in relation to discharge, emission or transmission from premises, includes a reference to discharge, emission or transmission onto or into land, water, the atmosphere or living things on, in, under, above or part of the premises. (2a) For the purposes of the definition of proposal under an assessed scheme in subsection (1), subdivision means — (a) an activity requiring the approval of the Western Australian Planning Commission under Part 10 Division 2 of the Planning and Development Act 2005 (including a subdivision of land by a community scheme under the Community Titles Act 2018); or (b) a subdivision of land by a strata scheme under the Strata Titles Act 1985. (2b) If a person is for the time being nominated under section 38H(2) as being responsible for a proposal that person is to be regarded, for the purposes of the definition of proponent in subsection (1), as the person responsible for the proposal. (3) For the purposes of this Act, noise is to be taken to be unreasonable if — (a) it is emitted, or the equipment emitting it is used, in contravention of — (i) this Act; or (ii) any subsidiary legislation made under this Act; or (iii) any requirement or permission (by whatever name called) made or given by or under this Act; or (b) having regard to the nature and duration of the noise emissions, the frequency of similar noise emissions from the same source (or a source under the control of the same person or persons) and the time of day at which the noise is emitted, the noise unreasonably interferes with the health, welfare, convenience, comfort or amenity of any person; or (c) it is prescribed to be unreasonable for the purposes of this Act. (3a) A reference in this Act to the amendment or changing of implementation conditions is a reference to — (a) varying, removing or adding implementation conditions; or (b) inserting implementation conditions where none existed. (4) A reference in this Act to amending a clearing permit, works approval or licence includes a reference to revoking or amending any condition to which the clearing permit, works approval or licence is subject and to making the clearing permit, works approval or licence subject to a new condition. [Section 3 amended: No. 113 of 1987 s. 32; No. 34 of 1993 s. 4; No. 84 of 1994 s. 46; No. 14 of 1996 s. 4; No. 23 of 1996 s. 12; No. 50 of 1996 s. 8; No. 14 of 1998 s. 4, 23 and 28; No. 38 of 1999 s. 71(2); No. 77 of 2000 s. 37(2); No. 25 of 2001 s. 69; No. 54 of 2003 s. 4, 28, 69, 98, 105, 109, 121 and 140(1); No. 60 of 2003 s. 100; No. 38 of 2005 s. 15; No. 36 of 2007 s. 100; No. 8 of 2009 s. 53; No. 28 of 2010 s. 25; No. 45 of 2011 s. 137(2)‑(6); No. 8 of 2012 s. 100; No. 30 of 2018 s. 138; No. 32 of 2018 s. 210; No. 40 of 2020 s. 4(1), (3), (5)‑(9) and 111(1); No. 45 of 2020 s. 102; No. 26 of 2020 s. 55 and 68; No. 34 of 2023 s. 25; No. 36 of 2024 s. 12.] 3A. Terms used relating to pollution and environmental harm (1) In this Act — pollution means direct or indirect alteration of the environment — (a) to its detriment or degradation; or (b) to the detriment of an environmental value; or (c) of a prescribed kind, that involves an emission. (2) In this Act — environmental harm means direct or indirect — (a) harm to the environment involving removal or destruction of, or damage to — (i) native vegetation; or (ii) the habitat of native vegetation or indigenous aquatic or terrestrial animals; or (b) alteration of the environment to its detriment or degradation or potential detriment or degradation; or (c) alteration of the environment to the detriment or potential detriment of an environmental value; or (d) alteration of the environment of a prescribed kind; material environmental harm means environmental harm that — (a) is neither trivial nor negligible; or (b) results in actual or potential loss, property damage or damage costs of an amount, or amounts in aggregate, exceeding the threshold amount; serious environmental harm means environmental harm that — (a) is irreversible, of a high impact or on a wide scale; or (b) is significant or in an area of high conservation value or special significance; or (c) results in actual or potential loss, property damage or damage costs of an amount, or amounts in aggregate, exceeding 5 times the threshold amount. (3) For the purposes of subsection (2) — damage costs means the reasonable costs and expenses that are or would be incurred in taking all reasonable and practicable measures to prevent, control or abate the environmental harm and to make good resulting environmental damage; threshold amount means $100 000, or if a greater amount is prescribed by regulation, that amount. [Section 3A inserted: No. 54 of 2003 s. 29; amended: No. 40 of 2020 s. 5.] 4. Crown bound This Act binds the Crown. 4A. Object and principles of Act The object of this Act is to protect the environment of the State, having regard to the following principles — Table 1. The precautionary principle Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. In the application of the precautionary principle, decisions should be guided by — (a) careful evaluation to avoid, where practicable, serious or irreversible damage to the environment; and (b) an assessment of the risk‑weighted consequences of various options. 2. The principle of intergenerational equity The present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations. 3. The principle of the conservation of biological diversity and ecological integrity Conservation of biological diversity and ecological integrity should be a fundamental consideration. 4. Principles relating to improved valuation, pricing and incentive mechanisms (1) Environmental factors should be included in the valuation of assets and services. (2) The polluter pays principle — those who generate pollution and waste should bear the cost of containment, avoidance or abatement. (3) The users of goods and services should pay prices based on the full life cycle costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any wastes. (4) Environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, which enable those best placed to maximise benefits and/or minimise costs to develop their own solutions and responses to environmental problems. 5. The principle of waste minimisation All reasonable and practicable measures should be taken to minimise the generation of waste and its discharge into the environment. [Section 4A inserted: No. 54 of 2003 s. 122.] 5. Inconsistent laws Whenever a provision of this Act or of an approved policy is inconsistent with a provision contained in, or ratified or approved by, any other written law, the provision of this Act or the approved policy, as the case requires, prevails. [Section 5 amended: No. 54 of 2003 s. 90 and 123.] 6. Power of Minister or Authority to exempt (1) The Minister or the Authority may with the approval of the Governor declare by order that all or any of the provisions of this Act or of an approved policy do not apply according to that order in respect of — (a) any specified area of the State; or (b) any specified premises, act or thing; or (c) all premises, acts or things comprised in a specified class thereof or situated in a specified area of the State. (2) The Minister or the Authority, as the case requires, may — (a) subject a declaration made under this section to such circumstances or conditions or both as are specified; and (b) require specified persons or members of specified classes of persons to comply with any conditions to which the declaration referred to in paragraph (a) is subjected, and, notwithstanding anything contained in this Act but subject to this section, a declaration so made has effect according to its tenor. (3) If the circumstances or conditions subject to which a declaration is made under this section cease to exist or are breached, or a declaration is revoked under subsection (4), the declaration ceases to have effect. (4) Subject to subsections (5) and (6), the Minister or the Authority, as the case requires, may with the approval of the Governor by order revoke a declaration made under this section. (5) The Minister or Authority shall, before exercising the power of revocation conferred by subsection (4), publish in the Gazette reasonable notice of the intention of the Minister or Authority to exercise that power so as to enable persons likely to be aggrieved by the revocation of the declaration concerned to make representations in writing to the Minister or the Authority. (6) Notice is not reasonable notice within the meaning of subsection (5) unless the relevant notice is published in the Gazette not less than 14 days before the day on which the Minister or the Authority exercises the power of revocation concerned. (7) A person who breaches a condition with which the person is required under subsection (2) to comply commits an offence. (8) Section 42 of the Interpretation Act 1984 applies to an order made under this section as if that order were regulations within the meaning of that section of that Act, except that the reference in section 42(1) of that Act to 6 sitting days shall for the purposes of this section be construed as a reference to 9 sitting days. (9) Nothing in this section affects or prevents the application to the regulations of section 43(8)(d) of the Interpretation Act 1984. (10) In subsections (1) and (2) — specified means specified in the relevant order made under this section. [Section 6 amended: No. 40 of 2020 s. 111(1).] Part II — Environmental Protection Authority Division 1 — Composition, procedure, etc. of Environmental Protection Authority 7. Continuation and composition of Environmental Protection Authority (1) The body known as the Environmental Protection Authority and established under the repealed Act is under that name hereby continued in existence subject to this Act. (2) The Authority consists of 5 to 9 members appointed by the Governor on the recommendation of the Minister. (2A) The Minister can recommend a person under subsection (2) only if the Minister is satisfied that the person has — (a) a suitable level of interest in, and experience of, matters affecting the environment generally; and (b) a suitable level of knowledge, skills, experience or qualifications in 1 or more of the following fields — (i) environmental science; (ii) natural resource and biodiversity management; (iii) waste management and pollution control; (iv) industry, commerce or economic development; (v) public administration, governance, regulation or law; (vi) regional areas and issues. (3) Before making a recommendation under subsection (2) the Minister must publish a notice calling for expressions of interest in appointment to the office of Authority member. (4) The Minister shall consider expressions of interest lodged in accordance with the notice but may make a recommendation under subsection (2) whether or not the person recommended has lodged an expression of interest. (4a) One of the Authority members shall be appointed by the Governor on the recommendation of the Minister to be the Chair of the Authority and another to be the Deputy Chair of the Authority. (4b) The duties of the Chair are to be performed on a full‑time basis. (4c) The duties of an Authority member other than the Chair are to be performed on a full‑time or part‑time basis as determined by the Governor on the recommendation of the Minister in the case of that member. (5) An Authority member shall not be a person who is employed under and subject to Part 3 of the Public Sector Management Act 1994. (6) Subject to this Act, an Authority member shall hold office for such period not exceeding 3 years as is specified in the instrument of appointment, but may from time to time be reappointed. (7) The office of an Authority member becomes vacant if the Authority member — (a) becomes an insolvent under administration within the meaning of the Corporations Act 2001 (Commonwealth); or (b) after appointment as an Authority member, becomes a person employed under and subject to the Public Sector Management Act 1994 Part 3; or (c) is removed from office by the Governor — (i) on the grounds of misbehaviour, incompetence, or mental or physical incapacity, impairing the performance of the Authority member's functions and proved to the satisfaction of the Governor; or (ii) on the grounds of being absent without leave, if it is proved to the satisfaction of the Governor that the Authority member has been absent, except on leave granted by the Minister, from 3 consecutive meetings of the Authority of which the Authority member has had reasonable notice; or (d) resigns from office by notice in writing delivered to the Minister. (8) The person who is the Chair or the Deputy Chair ceases to hold that office if the person's office as an Authority member becomes vacant. [Section 7 amended: No. 113 of 1987 s. 32; No. 34 of 1993 s. 5; No. 32 of 1994 s. 19; No. 10 of 2001 s. 70; No. 40 of 2020 s. 6 and 111(1); No. 36 of 2024 s. 4.] 7A. Authority member unable to act (1) Subsection (2) applies if — (a) the Minister is satisfied that the Chair or Deputy Chair is unable to act by reason of illness, absence or other cause; or (b) the office of Chair or Deputy Chair is vacant. (2) The Governor may, on the Minister's recommendation, appoint an Authority member to act temporarily as the Chair or Deputy Chair (as the case requires). (3) Subsection (4) applies if the Minister is satisfied that an Authority member, other than the Chair or Deputy Chair, is unable to act by reason of illness, absence or other cause. (4) The Governor may, on the Minister's recommendation, appoint a person as an alternate Authority member to act temporarily in the Authority member's place. (5) The Minister can recommend a person under subsection (4) only if the Minister is satisfied in relation to the person as set out in section 7(2A). (6) The Governor's power to appoint a person under subsection (4) is subject to section 7(5). (7) The remuneration, travelling and other allowances and other terms and conditions of appointment of an alternate Authority member are those that the Minister, on the recommendation of the Public Sector Commissioner, determines for the alternate Authority member. (8) While acting in accordance with their appointment under subsection (4), an alternate Authority member is taken to be an Authority member (subject to subsection (7) which applies instead of section 9). (9) An act or omission of a person acting in an office under this section cannot be questioned on the ground that the occasion to act in the office had not arisen or had ceased. [Section 7A inserted: No. 36 of 2024 s. 5.] 8. Independence of Authority and Chair Subject to this Act, neither of the following is subject to the direction of the Minister — (a) the Authority; (b) the Chair. [Section 8 inserted: No. 40 of 2020 s. 7.] 9. Remuneration and allowances of Authority members Subject to section 7 the remuneration, travelling and other allowances and other terms and conditions of appointment of an Authority member shall be those that the Minister from time to time on the recommendation of the Public Sector Commissioner determines in the Authority member's case. [Section 9 amended: No. 34 of 1993 s. 7; No. 14 of 1998 s. 37; No. 39 of 2010 s. 89; No. 40 of 2020 s. 111(1).] 10. Business of Authority Subject to this Act, the business of the Authority shall be conducted in such manner as the Authority determines. 11. Meetings of Authority (1) Meetings of the Authority are to be held at such times and places as the Authority determines, but — (a) the Chair may convene a meeting of the Authority at any time; and (b) the Minister may convene a meeting of the Authority if the Minister wishes it to discuss a matter on which the Minister has requested its advice. (2) At a meeting of the Authority — (a) the person who presides is — (i) the Chair, if present; or (ii) if the Chair is not present — the Deputy Chair, if present; or (iii) if both the Chair and the Deputy Chair are not present — an Authority member elected to preside by the Authority members present; and (b) 3 Authority members constitute a quorum; and (c) each Authority member present must cast a deliberative vote on any question that is to be decided; and (d) any question must be decided by a majority of the votes cast by the Authority members present, but if the voting on a question is equally divided, the person presiding at that meeting has a casting vote in addition to a deliberative vote; and (e) a question cannot be decided unless at least 3 Authority members vote on it. (3) Notice of meetings of the Authority must be given to the Department. (4) The CEO, or a representative of the CEO, is entitled to be present at any meeting and to take part in the consideration and discussion of any matter before a meeting, but cannot vote on any matter. (5) At a meeting of the Authority the presence of an Authority member need not be by attendance in person but may be by that Authority member, each other Authority member at the meeting and any person at the meeting under subsection (4) being simultaneously in contact by telephone or other means of instantaneous communication. (6) At a meeting of the Authority the presence of a person under subsection (4) need not be by attendance in person but may be by that person and each Authority member at the meeting being simultaneously in contact by telephone or other means of instantaneous communication. [Section 11 inserted: No. 40 of 2020 s. 8; amended: No. 36 of 2024 s. 6.] 12. Disclosure of interests by Authority members (1) If an Authority member has a direct or indirect pecuniary interest in a matter that is, or is to be, before a meeting of the Authority, the Authority member must disclose the nature of the interest. (1A) The disclosure must — (a) be made as soon as possible after the relevant facts have come to the Authority member's knowledge; and (b) be made to the Authority prior to the meeting or, if that is not possible, be made to the Authority members who are at the meeting; and (c) be recorded in the minutes of the proceedings of the meeting. [(2) deleted] (3) If an Authority member has, in the opinion of the person presiding at a meeting of the Authority, a direct or indirect pecuniary interest in a matter before that meeting, the person so presiding may call on the Authority member to disclose the nature of that interest and, in default of any such disclosure, may determine that the Authority member has that interest. (4) A determination under subsection (3) that an Authority member is interested in a matter shall be recorded in the minutes of the proceedings of the meeting concerned. (5) If an Authority member discloses an interest in a matter under subsection (1), or is determined under subsection (3) to have an interest in a matter, the Authority member cannot be present at the meeting for any consideration or discussion of, or vote on, the matter. [Section 12 amended: No. 54 of 2003 s. 124; No. 40 of 2020 s. 111(1); No. 36 of 2024 s. 7.] 13. Decisions of persons presiding at meetings of Authority In any case of difficulty, dispute or doubt respecting or arising out of — (a) matters of ord