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Section 19 — Delegation No. 68

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Delegates powers and duties under the Environmental Protection Act 1986 to specified persons.

Details

Notice Date
9 January 2026

Notice Text

EV401 ENVIRONMENTAL PROTECTION ACT 1986 Section 19 DELEGATION NO. 68 The Environmental Protection Authority (“Authority”), acting pursuant to section 19 of the Environmental Protection Act 1986 (“the Act”), has resolved to delegate all its powers and duties conferred or imposed by— a. section 17(3)(b) of the Act save that these powers and duties may only be exercised in circumstances where an implementation condition provides for the Authority’s advice to be given to the Minister for Environment on a matter relating to the implementation of the proposal; b. sections 38A, 38C, 38E, 38F, 38G, 38H, 38I, 39, 40(2)(a), 40(2)(aa), 40(2)(b), 40(2a), 40(3) 40(4), 40(5), 40(6)(b), 40A, 40AA, 41A, 43A, 48A and 48C of the Act; c. regulations 3B and 3D of the Environmental Protection Regulations 1987; d. any request received by the Authority from the Appeals Convenor to report on an appeal under section 106(1)(a) of the Act, including the preparation and submission of a report to the Minister on the appeal; e. sections 44(1) and 44(2a) of the Act save that these powers and duties may only be exercised in circumstances where the Authority has resolved that, a person to whom this delegation applies, should prepare and approve the final report and give that report to the Minister; f. section 46 of the Act, including s46(4) save for exercising the discretion under s46(4) in relation to the decision as to whether or not to inquire into implementation conditions relating to a proposal declared a derived proposal under s38E of the Act; g. section 48D (1) of the Act save that these powers and duties may only be exercised in circumstances where the Authority has resolved that, a person to whom this delegation applies, should prepare and approve the final report and give that report to the Minister. Pursuant to section 59(2) of the Interpretation Act 1984 the delegation of the powers referred to in the sections of the Act listed above shall be deemed to include the delegation of any duty

WA Government Gazette No. 5/2026 · 9 January 2026 · Page 3
View Gazette PDF - Page 3
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