Purpose of this Policy
The purpose of the Parallel Decision-Making Policy (the Policy) is to streamline regulatory practice across government by setting expectations for approvals to be made while an environmental assessment process is underway.
The Parallel Decision-Making Context
In alignment with the WA Government’s response to the Independent Review of WA Environmental Approvals Processes and Procedures, the WA Government is progressing legislative reforms to the Environmental Protection (EP) Act. These reforms will remove the previous restriction under s.41(3) and enable Decision Making Authorities (DMAs) to make decisions in parallel to an environment assessment process under Part IV of the EP Act (a Part IV assessment). To ensure robust protections for the environment are maintained, the reforms make clear that no decision made in parallel to a Part IV assessment will have the effect of authorising a proposal to be implemented. Proponents will also still be legally prevented from implementing a proposal under s.41A of the EP Act. Proponents will continue to be able to undertake minor or preliminary works, where they have obtained the consent of the Environmental Protection Authority (the Authority).
Policy Objective
Show moreUpon commencement of the legislative reforms, the Policy will guide DMAs in appropriately processing and issuing decisions in parallel to a Part IV assessment.
The objectives of the Policy are to:
- Set expectations that DMAs streamline decision-making by issuing approvals in parallel to a Part IV assessment.
- Lessen the cumulative impact of the regulatory environment by reducing assessment timeframes, while continuing to deliver robust protections for the environment.
- Facilitate the smooth and rapid transition to a streamlined approvals system following the introduction of the legislative reforms.
Scope
Show moreThe Policy will be applicable to a DMA from the point that it is served a notice from the Authority under s38G(1)(b)(iii) or (5) of the EP Act of its decision to assess a proposal, and only in relation to decisions that relate to that proposal.
Policy requirements
Show more1. Decisions to be made in parallel to a Part IV environmental assessment process
1.1. DMAs are to make decisions in parallel to a Part IV assessment.
1.2. DMAs are expected to undertake all usual due diligence requirements and be satisfied that relevant legal obligations are met when issuing decisions in parallel to a Part IV assessment.
1.3. DMAs are expected to collaborate and engage with the Authority to ensure all parallel decisions are issued in a consistent and streamlined manner, and that they are responsive to outcomes of a Part IV assessment.
1.4. DMAs and proponents are expected to engage in a collaborative and proactive manner to streamline decision-making processes. Expectations of DMAs and proponents are described in Appendix A.
1.5. DMAs are required to provide Cabinet with a performance report on parallel decision-making once every 6 months.
1.6. DMAs are responsible for developing and reviewing internal policies and frameworks to support parallel decision-making
2. Certain decisions to be made in parallel on a case-by-case basis
2.1. There are limited circumstances in which a decision may be unable to be issued in parallel to a Part IV assessment. Those circumstances relate to any decision prescribed as either a restricted decision or those decisions which meet one of three categories identified in Appendix B.
2.2. In the limited circumstances where a decision cannot be issued in parallel to a Part IV assessment, DMAs are expected to parallel process those decisions to the furthest extent possible in a timely manner.
2.3. Where a decision cannot be issued in parallel to a Part IV assessment, DMAs will be expected to issue that decision as soon as practicable after the completion of a Part IV assessment.
3. Certain decisions are ‘restricted decisions’
3.1. DMAs will be prohibited from making decisions which are prescribed as restricted decisions until a Part IV assessment has been completed.
3.2. Restricted decisions are prescribed by regulations under the EP Act.
3.3. Where a decision is a restricted decision, DMAs are expected to parallel process those decisions to the furthest extent possible in a timely manner.
