Question 1

What environmental approvals are needed for a mining project in WA?

Accepted Answer

Mining projects in Western Australia typically require a mining proposal approved by the Department of Mines, Industry Regulation and Safety, an environmental approval under Part IV of the Environmental Protection Act 1986 if the project is referred to and assessed by the EPA, native vegetation clearing permits under Part V of the EP Act, and where the project is likely to have a significant impact on matters of national environmental significance, approval under the Commonwealth EPBC Act. The specific requirements depend on the nature, scale, and location of the project.

Question 2

What happens if my development application is refused?

Accepted Answer

If a development application is refused by a local government or the Western Australian Planning Commission, the applicant generally has a right of review in the State Administrative Tribunal (SAT). The SAT conducts a merits review of the decision, meaning it considers the application afresh on its merits. The application must be lodged within 28 days of receiving notice of the decision. In some cases, mediation through the SAT process can resolve issues and lead to approval with modified conditions.

Question 3

What are the obligations for contaminated sites in WA?

Accepted Answer

The Contaminated Sites Act 2003 (WA) requires owners and occupiers of land to report known or suspected contamination to the Department of Water and Environmental Regulation. Contaminated sites are classified on the Contaminated Sites Register and may require investigation and remediation. Owners and occupiers may be liable for the costs of investigation and clean-up. Due diligence on contamination issues is essential before acquiring or developing land, particularly former industrial sites.

Environmental & Planning Law

Industries & Sectors

Phillip Dobson

Michael Mistilis

Xian Davies

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