❓ A WA parliamentary question seeks clarification on the publication status, amendments, and operational status of regulations related to the Environmental Protection Act 1986. The Minister's response details the availability of the Act and amendments, explains delays in proclaiming certain amendments due to the Contaminated Sites Act, and addresses issues with the implementation of monitoring regulations.
AnsweredQoN 2594Legislative Council
QuestionView source ↗
(1) When was the most recent
Environmental Protection Act
published and made available for sale to the public?
(2) Have all amendments passed by the Parliament been included in the latest Act?
(3) If not, which amendments are excluded?
(4) Have all amendments passed by the Parliament been proclaimed and gazetted?
(5) If not, which amendments have not been proclaimed and gazetted and what are the reasons?
(6) Have all regulations laid on the table of the Parliament been gazetted?
(7) If not, which regulations have not been gazetted and what are the reasons?
(8) Are there any regulations to the
Environmental Protection Act
that have been gazetted but are as yet not operational?
(9) If so, which are these regulations and what is the reason they are not yet operational?
Environmental Protection Act
published and made available for sale to the public?
(2) Have all amendments passed by the Parliament been included in the latest Act?
(3) If not, which amendments are excluded?
(4) Have all amendments passed by the Parliament been proclaimed and gazetted?
(5) If not, which amendments have not been proclaimed and gazetted and what are the reasons?
(6) Have all regulations laid on the table of the Parliament been gazetted?
(7) If not, which regulations have not been gazetted and what are the reasons?
(8) Are there any regulations to the
Environmental Protection Act
that have been gazetted but are as yet not operational?
(9) If so, which are these regulations and what is the reason they are not yet operational?
AnswerView source ↗
Answered
11 October 2005
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
27 days
The Minister for the Environment; Science has provided the following response: Department of Environment includes, Water and Rivers Commission, Swan River Trust and Keep Australia Beautiful Council. (1) The latest authorised reprint of the Environmental Protection Act 1986 is dated 11 January 2002 but all amendments are available from the State Law Publisher. A consolidated version including all the amendments to date, is available on the State Law Publishers website and as a printed version from that office. (2) All amendments are available in the consolidated version or the reprint with amendments. (3) Not applicable. (4) No, see answer to question 5. (5) Amendments to the Environmental Protection Act related to the Contaminated Sites Act 2003, No. 60 of 2003 have not been proclaimed as the Contaminated Sites Act 2003 has itself not yet commenced. The consequential amendments are set out in schedule three of the Contaminated Sites Act 2003 and include definitions of 'contaminated' and 'contaminated sites auditor', extend the EP Act powers of inspectors to the Contaminated Sites Act and make minor amendments to Part IV of the EP Act. These will be proclaimed when the Contaminated Sites Act is proclaimed. (6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
Department of Environment includes, Water and Rivers Commission, Swan River Trust and Keep Australia Beautiful Council. (1) The latest authorised reprint of the Environmental Protection Act 1986 is dated 11 January 2002 but all amendments are available from the State Law Publisher. A consolidated version including all the amendments to date, is available on the State Law Publishers website and as a printed version from that office. (2) All amendments are available in the consolidated version or the reprint with amendments. (3) Not applicable. (4) No, see answer to question 5. (5) Amendments to the Environmental Protection Act related to the Contaminated Sites Act 2003, No. 60 of 2003 have not been proclaimed as the Contaminated Sites Act 2003 has itself not yet commenced. The consequential amendments are set out in schedule three of the Contaminated Sites Act 2003 and include definitions of 'contaminated' and 'contaminated sites auditor', extend the EP Act powers of inspectors to the Contaminated Sites Act and make minor amendments to Part IV of the EP Act. These will be proclaimed when the Contaminated Sites Act is proclaimed. (6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(1) The latest authorised reprint of the Environmental Protection Act 1986 is dated 11 January 2002 but all amendments are available from the State Law Publisher. A consolidated version including all the amendments to date, is available on the State Law Publishers website and as a printed version from that office. (2) All amendments are available in the consolidated version or the reprint with amendments. (3) Not applicable. (4) No, see answer to question 5. (5) Amendments to the Environmental Protection Act related to the Contaminated Sites Act 2003, No. 60 of 2003 have not been proclaimed as the Contaminated Sites Act 2003 has itself not yet commenced. The consequential amendments are set out in schedule three of the Contaminated Sites Act 2003 and include definitions of 'contaminated' and 'contaminated sites auditor', extend the EP Act powers of inspectors to the Contaminated Sites Act and make minor amendments to Part IV of the EP Act. These will be proclaimed when the Contaminated Sites Act is proclaimed. (6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(2) All amendments are available in the consolidated version or the reprint with amendments. (3) Not applicable. (4) No, see answer to question 5. (5) Amendments to the Environmental Protection Act related to the Contaminated Sites Act 2003, No. 60 of 2003 have not been proclaimed as the Contaminated Sites Act 2003 has itself not yet commenced. The consequential amendments are set out in schedule three of the Contaminated Sites Act 2003 and include definitions of 'contaminated' and 'contaminated sites auditor', extend the EP Act powers of inspectors to the Contaminated Sites Act and make minor amendments to Part IV of the EP Act. These will be proclaimed when the Contaminated Sites Act is proclaimed. (6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(3) Not applicable. (4) No, see answer to question 5. (5) Amendments to the Environmental Protection Act related to the Contaminated Sites Act 2003, No. 60 of 2003 have not been proclaimed as the Contaminated Sites Act 2003 has itself not yet commenced. The consequential amendments are set out in schedule three of the Contaminated Sites Act 2003 and include definitions of 'contaminated' and 'contaminated sites auditor', extend the EP Act powers of inspectors to the Contaminated Sites Act and make minor amendments to Part IV of the EP Act. These will be proclaimed when the Contaminated Sites Act is proclaimed. (6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(4) No, see answer to question 5. (5) Amendments to the Environmental Protection Act related to the Contaminated Sites Act 2003, No. 60 of 2003 have not been proclaimed as the Contaminated Sites Act 2003 has itself not yet commenced. The consequential amendments are set out in schedule three of the Contaminated Sites Act 2003 and include definitions of 'contaminated' and 'contaminated sites auditor', extend the EP Act powers of inspectors to the Contaminated Sites Act and make minor amendments to Part IV of the EP Act. These will be proclaimed when the Contaminated Sites Act is proclaimed. (6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(5) Amendments to the Environmental Protection Act related to the Contaminated Sites Act 2003, No. 60 of 2003 have not been proclaimed as the Contaminated Sites Act 2003 has itself not yet commenced. The consequential amendments are set out in schedule three of the Contaminated Sites Act 2003 and include definitions of 'contaminated' and 'contaminated sites auditor', extend the EP Act powers of inspectors to the Contaminated Sites Act and make minor amendments to Part IV of the EP Act. These will be proclaimed when the Contaminated Sites Act is proclaimed. (6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
Department of Environment includes, Water and Rivers Commission, Swan River Trust and Keep Australia Beautiful Council. (1) The latest authorised reprint of the Environmental Protection Act 1986 is dated 11 January 2002 but all amendments are available from the State Law Publisher. A consolidated version including all the amendments to date, is available on the State Law Publishers website and as a printed version from that office. (2) All amendments are available in the consolidated version or the reprint with amendments. (3) Not applicable. (4) No, see answer to question 5. (5) Amendments to the Environmental Protection Act related to the Contaminated Sites Act 2003, No. 60 of 2003 have not been proclaimed as the Contaminated Sites Act 2003 has itself not yet commenced. The consequential amendments are set out in schedule three of the Contaminated Sites Act 2003 and include definitions of 'contaminated' and 'contaminated sites auditor', extend the EP Act powers of inspectors to the Contaminated Sites Act and make minor amendments to Part IV of the EP Act. These will be proclaimed when the Contaminated Sites Act is proclaimed. (6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(1) The latest authorised reprint of the Environmental Protection Act 1986 is dated 11 January 2002 but all amendments are available from the State Law Publisher. A consolidated version including all the amendments to date, is available on the State Law Publishers website and as a printed version from that office. (2) All amendments are available in the consolidated version or the reprint with amendments. (3) Not applicable. (4) No, see answer to question 5. (5) Amendments to the Environmental Protection Act related to the Contaminated Sites Act 2003, No. 60 of 2003 have not been proclaimed as the Contaminated Sites Act 2003 has itself not yet commenced. The consequential amendments are set out in schedule three of the Contaminated Sites Act 2003 and include definitions of 'contaminated' and 'contaminated sites auditor', extend the EP Act powers of inspectors to the Contaminated Sites Act and make minor amendments to Part IV of the EP Act. These will be proclaimed when the Contaminated Sites Act is proclaimed. (6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(2) All amendments are available in the consolidated version or the reprint with amendments. (3) Not applicable. (4) No, see answer to question 5. (5) Amendments to the Environmental Protection Act related to the Contaminated Sites Act 2003, No. 60 of 2003 have not been proclaimed as the Contaminated Sites Act 2003 has itself not yet commenced. The consequential amendments are set out in schedule three of the Contaminated Sites Act 2003 and include definitions of 'contaminated' and 'contaminated sites auditor', extend the EP Act powers of inspectors to the Contaminated Sites Act and make minor amendments to Part IV of the EP Act. These will be proclaimed when the Contaminated Sites Act is proclaimed. (6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(3) Not applicable. (4) No, see answer to question 5. (5) Amendments to the Environmental Protection Act related to the Contaminated Sites Act 2003, No. 60 of 2003 have not been proclaimed as the Contaminated Sites Act 2003 has itself not yet commenced. The consequential amendments are set out in schedule three of the Contaminated Sites Act 2003 and include definitions of 'contaminated' and 'contaminated sites auditor', extend the EP Act powers of inspectors to the Contaminated Sites Act and make minor amendments to Part IV of the EP Act. These will be proclaimed when the Contaminated Sites Act is proclaimed. (6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(4) No, see answer to question 5. (5) Amendments to the Environmental Protection Act related to the Contaminated Sites Act 2003, No. 60 of 2003 have not been proclaimed as the Contaminated Sites Act 2003 has itself not yet commenced. The consequential amendments are set out in schedule three of the Contaminated Sites Act 2003 and include definitions of 'contaminated' and 'contaminated sites auditor', extend the EP Act powers of inspectors to the Contaminated Sites Act and make minor amendments to Part IV of the EP Act. These will be proclaimed when the Contaminated Sites Act is proclaimed. (6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(5) Amendments to the Environmental Protection Act related to the Contaminated Sites Act 2003, No. 60 of 2003 have not been proclaimed as the Contaminated Sites Act 2003 has itself not yet commenced. The consequential amendments are set out in schedule three of the Contaminated Sites Act 2003 and include definitions of 'contaminated' and 'contaminated sites auditor', extend the EP Act powers of inspectors to the Contaminated Sites Act and make minor amendments to Part IV of the EP Act. These will be proclaimed when the Contaminated Sites Act is proclaimed. (6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(6) Yes. (7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(7) Not applicable. (8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(8) Only in part, see question 9. (9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
(9) Part VIII of the Environmental Protection Regulations entitled "Monitoring" have not been implemented owing to the impracticality of the regulations which placed undue technical requirements and responsibility on the Department of Environment in relation to industry self-monitoring. The Department, in consultation with industry, has now developed an alternative approach which provides detailed policy and technical guidance for industry self-monitoring so that monitoring data can be used for enforcement purposes where necessary. This approach will also ensure that the responsibility for appropriate monitoring quality assurance is retained by industry.
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