Mr. Snook inquires about the government's plans for implementing additional Environmental Protection Policies for wetlands in WA, specifically regarding coastal areas, the Wheatbelt, and policies similar to the Swan Coastal Plains Wetlands Policy. The Minister responds that there are no current plans for additional policies, clarifies the process for enacting such policies, and provides updates on existing policies.

AnsweredQoN 614Legislative Assembly
Asked
9 March 2006
Portfolio
the Environment

QuestionView source ↗

(1) Do you or your Government have any plans or proposals to implement additional Environmental Protection Policies under the
Environmental Protection Act 1986
for the protection and management of wetlands in the coastal area between Moore River and Shark Bay or for any portion of this area?
(2) Do you or your Government have any plans or proposals to implement additional Environmental Protection Policies under the
Environmental Protection Act 1986
for the protection and management of Wetlands in the region known as the Wheatbelt of Western Australia or any portion of this area?
(3) Does the Environmental Protection Authority (EPA) or the Department of Environment or other agencies have any plans or proposals to implement any additional Environmental Protection Policies in Western Australia similar to the Swan Coastal Plains Wetlands Policy?
(4) Is the Swan Coastal Plains Wetlands Policy legally enforceable at this state or must it go through both Houses of Parliament first?
(a) If it must be passed by Parliament, can affected landowners use their land as they have been using it according to current law and regulation, until this plan is passed by Parliament?
(5) If the response to any of the above questions is in the affirmative, when will such Environmental Protection Policies be released for public comment (if they have not already been released) or be implemented?

AnswerView source ↗

Answered
12 April 2006
Responded by
Minister for the Environment
Response time
34 days
2. No. 3. The EPA initiates new Environmental Protection Policies. I am advised that the EPA has no proposals for additional Environmental Protection policies for wetlands before it. 4. For an Environmental Protection Policy to have effect, the following process needs to be followed. The Minister for the Environment approves the Policy and publishes the approval order in the Government Gazette. The Policy has the force of law from the day of publication. However, the approval order must be tabled in both Houses of Parliament and is subject to disallowance in a comparable manner to a Regulation. 4a. The Environmental Protection Policy has the force of law from the day of publication in the Gazette. It ceases to have the force of law if disallowed by the Parliament. 5. The Environmental Protection (South West Agricultural Zone Wetlands) Policy 1998 is operational. Its statutory review will follow the process set out in Part III of the Environmental Protection Act 1986 which involves wide public consultation. The Environmental Protection (Swan Coastal Plain Wetlands) Policy has received wide consultation during its formulation and is now before the Government for a decision.
3. The EPA initiates new Environmental Protection Policies. I am advised that the EPA has no proposals for additional Environmental Protection policies for wetlands before it. 4. For an Environmental Protection Policy to have effect, the following process needs to be followed. The Minister for the Environment approves the Policy and publishes the approval order in the Government Gazette. The Policy has the force of law from the day of publication. However, the approval order must be tabled in both Houses of Parliament and is subject to disallowance in a comparable manner to a Regulation. 4a. The Environmental Protection Policy has the force of law from the day of publication in the Gazette. It ceases to have the force of law if disallowed by the Parliament. 5. The Environmental Protection (South West Agricultural Zone Wetlands) Policy 1998 is operational. Its statutory review will follow the process set out in Part III of the Environmental Protection Act 1986 which involves wide public consultation. The Environmental Protection (Swan Coastal Plain Wetlands) Policy has received wide consultation during its formulation and is now before the Government for a decision.
4. For an Environmental Protection Policy to have effect, the following process needs to be followed. The Minister for the Environment approves the Policy and publishes the approval order in the Government Gazette. The Policy has the force of law from the day of publication. However, the approval order must be tabled in both Houses of Parliament and is subject to disallowance in a comparable manner to a Regulation. 4a. The Environmental Protection Policy has the force of law from the day of publication in the Gazette. It ceases to have the force of law if disallowed by the Parliament. 5. The Environmental Protection (South West Agricultural Zone Wetlands) Policy 1998 is operational. Its statutory review will follow the process set out in Part III of the Environmental Protection Act 1986 which involves wide public consultation. The Environmental Protection (Swan Coastal Plain Wetlands) Policy has received wide consultation during its formulation and is now before the Government for a decision.
4a. The Environmental Protection Policy has the force of law from the day of publication in the Gazette. It ceases to have the force of law if disallowed by the Parliament. 5. The Environmental Protection (South West Agricultural Zone Wetlands) Policy 1998 is operational. Its statutory review will follow the process set out in Part III of the Environmental Protection Act 1986 which involves wide public consultation. The Environmental Protection (Swan Coastal Plain Wetlands) Policy has received wide consultation during its formulation and is now before the Government for a decision.
5. The Environmental Protection (South West Agricultural Zone Wetlands) Policy 1998 is operational. Its statutory review will follow the process set out in Part III of the Environmental Protection Act 1986 which involves wide public consultation. The Environmental Protection (Swan Coastal Plain Wetlands) Policy has received wide consultation during its formulation and is now before the Government for a decision.

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