Publication and Confidentiality Regulations

Overview

The Department of Water and Environmental Regulation (the department) sought feedback on the draft Environmental Protection Regulations Amendment (Publication and Confidentiality) Regulations 2021.

The Publication and Confidentiality Regulations improve and streamline the materials that the State Government can publish and hold in confidence, provide greater transparency on the matters that can be held confidential and those matters that the community can expect to be published.

These regulations ensure that the practice prior to the introduction of the EP Act amendments and the Publication and Confidentiality Regulations by which an applicant may request that confidential information is not published may continue following proclamation of amendments to the EP Act in relation to requirements to publish information.

Background

The Western Australian Parliament passed amendments to the Environmental Protection Act 1986 (EP Act) on 19 November 2020.

Proclamation of these amendments is being staged to provide for the preparation of supporting regulations and documentation. Stage 1 proclamation was completed on 2 February 2021.

Stage 2 proclamation was completed on 22 October 2021. This included amendments that require the Environmental Protection Authority (EPA) or the Chief Executive Officer to publish information and material in relation to:

proposals referred to the EPA
clearing permit referrals or applications, and any accompanying information
any amendment, revocation or suspension of a clearing permit
applications and notices in connection with surrender of clearing permits

The Publication and Confidentiality Regulations provide the particulars that the CEO and EPA must keep public records of, and set out the process by which applicants may request that confidential information be withheld from publication.

The regulations ensure that applicants can request confidential information is not published, consistent with the practice prior to the introduction of the EP Act amendments and the Publication and Confidentiality Regulations.

An explanatory note was published alongside the draft Publication and Confidentiality Regulations to guide stakeholders through the meaning of the draft regulations and how they would apply.

Consultation outcome

The department would like to thank everyone who made a submission during the consultation phase. The consultation summary report is available.

The feedback received through this process helped to inform the final Environmental Protection Regulations Amendment (Publication and Confidentiality) Regulations 2021, which were gazetted on 22 October 2021.

These regulations amend the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 and the Environmental Protection Regulations 1987.

Submissions received

Association of Mining and Exploration Companies

Australian Petroleum Production & Exploration Association

Department of Biodiversity Conservation and Attractions

Department of Transport and Public Transport Authority

Environmental Defenders Office

Hazel Law

Main Roads Western Australia

The Chamber of Minerals and Energy of WA

The Water Corporation

WALGA