Home›Questions on Notice›QoN 3541

❓ A WA parliamentary question seeks clarification on the relationship between the Environmental Protection Act 1986 and other legislation, specifically regarding pollution management and its impact on land use and public amenity. The Minister provides answers referencing relevant sections of the Act and general principles.

AnsweredQoN 3541Legislative Council

Asked

25 May 2006

Member

Hon Paul Llewellyn

Portfolio

the Environment

QuestionView source ↗

I refer to Environmental Protection Authority (EPA) 2004 Guide to EIA Environmental Principles, Factors and Objectives, specifically the section under ‘pollution management’ which states ‘To ensure that emissions do not adversely affect environment values or the health, welfare and amenity of people and land uses by meeting statutory requirements and acceptable standards’ -
(1) Is it correct that the
Environmental Protection Act 1986
overrides the
Rights in Water and Irrigation Act 1914
and the
Mining Act 1978
?
(2) If no to (1), what specifically is correct?
(3) Does ‘meeting statutory requirements’ encompass only requirements under the
Environmental Protection Act 1986
?
(4) If yes to (3), why?
(5) If no to (3), what specific other ‘statutory requirements’ does this encompass?
(6) Can the Minister explain what ‘land uses’ means and why emissions should not ‘adversely’ affect them?
(7) If no to (6), why not?
(8) Can the Minister explain what is meant by ‘acceptable standards’?
(9) If no to (8), why not?
(10) Can the Minister explain what is meant by ‘amenity of people’ in terms of why emissions should not adversely affect them?
(11) If no to (10), why not?
(12) Can the Minister explain how is the ‘amenity of people’ determined so emissions can then be assessed to ensure that they do not adversely affect them?
(13) If no to (12), why not?

AnswerView source ↗

Answered

20 June 2006

Responded by

Minister for Education and Training representing the Minister for the Environment

Response time

26 days

1. Section 5 of the Environmental Protection Act 1986 provides that the Environmental Protection Act 1986 will prevail in the event of an inconsistency with any other written law. The Mining Act has a provision outlining its relationship with the Environmental Protection Act 1986. The Rights in Water and Irrigation Act 1914 does not. 2. Not applicable. 3. No. 4. Not applicable. 5. The Environmental Protection Authority expects proponents to comply with the Environmental Protection Act 1986 and any other written law. Obligations to obey other statutes are contained in those statutes. 6. Land uses would generally relate to the beneficial use of land, as described in the Environmental Protection Act 1986, a use of the environment, or of any portion thereof, which is -- "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 identified and declared under section 35(2) to be a beneficial use to be protected under an approved policy." Emissions should not affect land uses so that there is a loss or permanent degradation of beneficial use. 1. Not applicable. 2. The acceptable standard of the day would be that acceptable to regulatory authorities and the majority of the community. There is no definitive definition of 'acceptable standards', as standards will change with increasing knowledge and with variations of perception. 3. No. 4. Emissions should be minimised to protect people's quality of life and reasonable expectations of clean air and water and tolerable noise, etc. 5. Not applicable. 6. Amenity can be determined as what is reasonable or tolerable to the public. For example, maximum levels can be set for noise emissions so that amenity is not adversely affected. 13. Not applicable.

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