Figure 8-3: The EPA's assessment process of a development proposal
(adapted from A guide to Environmental Impact Assessment, EPA, 1993)
Statutory environmental and planning mechanisms
Many environmental issues relate to resource management. A number of State agencies have responsibility for planning and managing natural resources.
Environmental protection policies have been developed under the Environmental Protection Act. The policies are a set of guidelines for planning and land use in specific catchments, other areas where environmental problems have arisen, or where there is pressure on the natural environment from development.
The State Planning Strategy, released by the Western Australian Planning Commission in November 1996, is a strategic guide for land use planning through to the year 2029. The strategy is aimed at developing a land use planning system to help the State achieve a number of key goals. These include generating wealth and preserving and enhancing the environment.
The strategy states that sustainable development of our resources is fundamental to present and future well-being.
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Sustainable Development is development that meets the needs of the present without comprising the ability of future generations to meet their own needs |
The State Planning Strategy deals with a wide range of environmental concerns. The following recommendation is to be implemented throughout the planning system: That the preparation of each regional and local plan take account of the principles, strategies and criteria established for the environment. This is called `putting into practice the environmental principle'. The environmental principle is expanded further below.
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The Environmental Principle is to protect and enhance the key natural and cultural assets of the State and give to all Western Australians a high quality of life which is based on sound, environmentally sustainable principles |
Making the following tenets work in reality is intended to help achieve this principle: Tenets to help realise the `environmental principle':
| Agency/Authority | Management | Statutory Approvals |
|---|---|---|
| Department of Aboriginal Affairs (DAA) | Management of Aboriginal reserves | Development control on Aboriginal reserves |
| Agriculture Western Australia (AgWA) | Land clearing | |
| Department of Conservation and Land Management (CALM) | Logging licences, management plans, wildflower leases, wildflower picking, concessions on CALM land | |
| Department of Land Administration (DOLA) | Management of Crown land (vacant, leased and reserved) and its disposal | |
| Department of Transport (DOT) | Harbour licences, river and marine navigation, carriage of dangerous goods | |
| Department of Minerals and Energy (DME) | Management of the mining and petroleum industries | Exploration and mining leases |
| Department of Environmental Protection (DEP) | Implementation of environmental protection polices | Pollution control, solid and liquid waste licensing, audit of environmental approvals |
| Environmental Protection Authority (EPA) | Preparation of environmental protection policies | Environmental impact assessment |
| Fisheries Western Australia | Management of fisheries and aquatic animal and plant life | Fishing licences. Limits size of catch and area for commercial fishing |
| Local government authorities | Local reserves, some regional reserves, drainage, waste, local planning | Town planning schemes, development approval, extraction licences, offroad vehicle restrictions |
| Department of Resource Development (DRD) | Responsibility for implementing management provisions of State Agreements Acts | Preparation of State Agreement Acts for major resource development projects |
| Water Corporation (WC) | Water supply services, sewerage systems, major urban and rural drainage systems | |
| Western Australian Planning Commission (WAPC) | Parks and recreation reserves in Perth region, coastal planning, regional planning | Subdivision approvals, regional planning schemes, development approvals in Perth region |
| Department of Aboriginal Affairs (DAA) | Management of Aboriginal reserves | Development control on Aboriginal reserves |
| Water and Rivers Commission (WRC) | Water resources allocation, surface and groundwater resource catchment protection, river and stream courses, wetlands and estuaries protection, integrated catchment management, water quality protection | Surface and groundwater extraction licences, approval of land developments which have a potential impact on water resources management, effluent disposal |
The first formal step of the process is the referral of a proposal to the EPA by the developer or any other person. The EPA has several options for dealing with a proposal referred for assessment.
It may:
The Environmental Protection Authority determines the appropriate level of assessment, the form, content and procedures, and the extent of public involvement in the process.
In Western Australia, the three levels of formal assessment are:
By appealing, anybody can ask for the level of assessment to be upgraded.
With formal assessments, the Authority will ask the developer - known as `the proponent' - to provide detailed information about the project. The Authority will also provide the developer with guidelines for preparing the CER, PER or ERMP document.
Reports by developers are made public for up to ten weeks. During this time submissions about the proposal can be made to the Authority. For some projects, the Authority may arrange public meetings to discuss the issues and provide greater opportunity for public debate.
After people have had a say, the Authority considers the proposal, including the public submissions. Submissions are confidential, though the proponent will be asked to comment on any issues raised. The Authority also seeks advice from independent experts, including officers from government departments and private consultants. The Authority consults waterways management authorities for advice on the impact of the development on waterways and makes recommendations which can be translated into Ministerial conditions in regard to the protection of the waterways.
When the assessment is finished, the Authority prepares a report which will say whether the project is environmentally acceptable. The report will summarise the issues, outline the problems and recommend ways to make the proposal environmentally acceptable.
Figure 8-3: The EPA's assessment process of a development proposal
(adapted from A guide to Environmental Impact Assessment, EPA, 1993)
The Authority does not decide whether a project can proceed. It provides advice to the Minister for the Environment. The Minister makes the decision. If approved, Ministerial conditions will be set which the developer must meet. The proponent may appeal against the Ministerial conditions which when set are legally binding.
Town planning coordinates plans, policies and statutory processes to use and develop land. During planning, the Water and Rivers Commission and other relevant authorities are consulted about things that affect catchments and waterways.
These are made at State and local government levels to guide planning, land use and development. Policies guide a developer on the way development may be assessed. Planning policies don't remove the need for each subdivision and development application to be considered on its merit.
These are a framework for coordinating services, infrastructure, land use and development. There are three levels of structure plans: regional, district and local. The level of detail in these plans increases from the regional to the local level.
Region schemes, such as the Perth Metropolitan Region Scheme, provide statutory mechanisms to help regional planning, coordinate the provision of major infrastructure and set aside areas of regional open space. Region schemes must be prepared and amended by the procedures prescribed in legislation. During the preparation or amendment of a region scheme, the scheme must be referred to the EPA to see if there is need for environmental assessment. The EPA may require an environmental review which must be available for the period of public review of the scheme.
Town planning schemes (TPS) are initiated by local governments to control and guide land use and development in a district or town site. Local governments are responsible for examining their TPS every five years. A TPS can include zoning and land use details such as residential density, commercial sites, industrial areas, local open space and school sites. A TPS may set standards for development such as boundary setbacks and building heights.
Local rural strategies are important in managing the rural parts of a catchment. Ministry for Planning policy requires local government authorities to prepare a rural strategy to guide development in the rural area. Guidelines are available for the preparation of the documents. Preparation of a strategy involves public consultation with the community, government agencies and other stakeholders.
Historically, waterways management authorities (WMAs) were created because of dissatisfaction in the early 1970s with the way land use planning authorities were dealing with land developments which could affect waterways and foreshores. By delegation from the Water and Rivers Commission under the Waterways Act, the WMAs have the role to 'preserve and enhance the quality of the environment and amenities of the waters and the associated land' (Section 23.1). Also, WMAs have to consider `recreation and leisure-time occupation for the benefit of the public' (Section 24.4).
Management authorities are involved in land use planning at various levels, including strategic planning (such as town planning schemes and their review, regional planning studies, local rural strategies) and local planning (such as scheme amendments and proposals from developers). A management authority uses policies, its management programme and local plans to guide its advice.
Formulating management plans for specific areas around waterways helps to sort out what different agencies want. It is a way of resolving conflicts and solving particular management problems.
Management plans, once they're completed, are a good framework for carrying out rehabilitation work and for making improvements that reflect the community needs and wants.
There are many different levels of management plans. The management programme forms the highest level of management plan because it outlines the guiding principles for planning and managing the waterways (see below). Local and regional management plans form the next level. They outline the actions needed to look after specific areas. These plans focus on the management of the foreshores of waterways and the immediate inshore waters. Local plans focus on a particular foreshore reserve or small area of the foreshore which needs particular attention, whereas regional plans focus on a wider area such as one of the Albany harbours or the rivers flowing into it.
Management programmes provide opportunities for close cooperation with local government authorities. A management programme can lead to local regulations being created under the Waterways Act. These regulations can call for any developments in the local area to be approved by the Water and Rivers Commission or the local WMA.
Management programmes are made with full public consultation and reviewed on an as needs be basis. They also give each WMA the opportunity to have the status of Ministerial approval of their plans. This means that things can usually get done more easily. The Peel Inlet Management Authority and the Leschenault Inlet Management Authority produced management programmes in 1982 and 1992 respectively and the Albany Waterways Management Authority in 1995. The Avon River Management Authority adopted the Avon River Management Committee Strategy and is currently preparing a programme. The Wilson Inlet Management Authority is expected to prepare a draft programme in the near future.
Each management programme contains many strategies which may describe actions such as studies and coordination of the programme.
The Act provides for the protection of natural resources by establishing State environmental protection policies, setting up the environmental impact assessment process and controlling pollution (part V of the Act). The Act also empowers the DEP to impose pollution abatement notices, control activities that pollute water resources and apply penalties for breaches of the Act.
The Water and Rivers Commission Act has vested in it the following Acts and by-laws:
Fishing is one of the most important recreational passtimes for residents and visitors. Fish management is considered an important part of waterways management.
Fisheries are under the statutory control of Fisheries Western Australia. Fisheries WA has an extensive network of regional officers and advisory groups, and a mix of professional and recreational clients.
Aquaculture is becoming increasingly important in waterways in Western Australia. There is an Inter-Departmental Committee for Aquaculture (IDCA) which considers aquaculture proposals on Crown land or waters. Approval for aquaculture licences is increasingly relying on the production of coastal plans and extensive community consultation to make sure that other waterway users are not adversely affected by the aquaculture.