STRUCTURE PLAN —
GOODE BEACH, ALBANY
764. Hon DIANE EVERS to the Minister for Environment:
I refer to the structure plan for
lot 660 at Goode Beach, Albany, and the Environmental Protection Authority
determination that the City of Albany must first amend the local planning
scheme.
(1) Has the City of Albany referred
a local planning scheme amendment to the EPA for this proposal?
(2) Can a third
party make a submission to the EPA to undertake a formal environmental impact
assessment of a local planning scheme amendment and at what time would this
occur?
(3) Is the
structure plan for the proposed development at lot 660 at Goode Beach a significant
development proposal—that is, neither a proposal under an assessed
scheme nor a strategic proposal?
(4) At what point
in the EPA consideration of a significant development proposal can a third
party make a valid referral of the proposal to the EPA under section 38(1) of
the Environmental Protection Act 1986?
(5) What occurs
if a third party submits a referral for a proposal prior to Western Australian
Planning Commission approval?
(6) Who
determines whether a third party referral of a significant proposal that is
neither a proposal under an assessed scheme
nor a strategic proposal is a valid referral under section 38 of the
Environmental Protection Act, and —
(a) what criteria are used to make
this determination; and
(b) when is the determination made?
The PRESIDENT: I must say I have
just picked up again that there is a bit of a trend of questions getting longer
and longer. I just note that.
Hon STEPHEN
DAWSON replied:
I thank the honourable member for
some notice of the question.
(1) No.
(2) No. Only a responsible authority can refer a scheme
amendment to the Environmental Protection Authority.
(3)–(4) The
status of the structure plan and whether it is a significant proposal has not
been determined. There is no referral before the Environmental Protection
Authority. Generally, structure plans are considered a strategic proposal and
only able to be referred by the proponent to the Environmental Protection
Authority. In order for a structure plan to be established as a significant
proposal, it needs to be sufficiently detailed. If a referral is received from
a third party, the Environmental Protection Authority needs to first consider
whether the proposal is sufficiently detailed in order for it to be assessed as
a proposal.
(5) If the
proposal is determined to be a significant proposal, the Environmental
Protection Authority must decide whether to formally assess it. If the
Environmental Protection Authority decides to assess, the Western Australian
Planning Commission would be constrained from approving the proposal. If the
Environmental Protection Authority decides not to assess, it may provide public
advice in relation to the proposal.
(6) It is the
Environmental Protection Authority.
(a) The criteria
are as set out in the Environmental Impact Assessment (Part IV Divisions 1 and
2) Administrative Procedures 2016, the 2018 ''Environmental Impact
Assessment (Part IV Divisions 1 and 2) Procedures Manual'' and the
Environmental Protection Authority's June 2018 ''Statement of
Environmental Principles, Factors and Objectives'', as well as relevant
case law principles.
(b) It is made when the Environmental Protection
Authority has sufficient information on the proposal.