Planning Scheme Regulations 2023

Closed 14 Apr 2023

Opened 23 Feb 2023


We are seeking public comment on the exposure draft of amendment regulations and discussion paper, Environmental Protection Amendment Regulations 2022.

Changes to the Environmental Protection Act 1986 (EP Act) being made by the Planning and Development Amendment Act 2020 (PD Amendment Act) will enable the making of regulations to streamline scheme assessments.

Currently, all local and regional planning schemes must be referred to the Environmental Protection Authority (EPA) for a determination on whether the scheme should be assessed under Part IV of the EP Act. In many cases new or amended planning schemes will not have any significant impact on the environment. This referral process is time consuming and diverts resources from higher-priority work without benefiting the environment.

Section 56 of the PD Amendment Act will introduce section 48AAA into the EP Act. Once proclaimed, section 48AAA of the EP Act will enable the making of regulations prescribing the types of planning schemes that are not required to be assessed by the EPA.

The department has collaborated with other state agencies and stakeholders and worked with the EPA to develop the draft regulations. Following consultation, the department will seek the EPA’s recommendation that the regulations can be made on the basis that the classes of schemes to be prescribed will not have a significant effect on the environment.

Consultation open

The department welcomes your written submissions on the planning scheme proposals outlined in the exposure draft regulations and discussion paper.

The consultation period will run from 23 February 2023 to 14 April 2023.

Closing date for submissions is 5pm (WST) on COB Friday 14 April 2023.

No late submissions will be considered. Please not that submissions may be published on our website.

Should you have any questions about the consultation process or how to provide feedback, please email or by post to:

Legislation and National Policy Branch
Department of Water and Environmental Regulation
Locked bag 10 Joondalup DC WA 6919


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