Publication and Confidentiality Regulations

Closed 7 Sep 2021

Opened 24 Aug 2021


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

The Publication and Confidentiality Regulations will 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 will ensure that the current practice 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.


Amendments to the Environmental Protection Act 1986 (EP Act) were passed by the Western Australian Parliament 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.

Included in the amendments to be proclaimed under Stage 2 are amendments which require the Environmental Protection Authority (EPA) or the CEO 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 will provide the particulars that the CEO and EPA must keep public records of, and will 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 current practice.

This explanatory note will guide you through the meaning of the regulations and how they will apply.

Consultation period and providing feedback

The department welcomes all feedback on the draft Environmental Protection Regulations (Publication and Confidentiality) Regulations 2021.

The public consultation period will run for two weeks, from Tuesday 24 August 2021 to 5pm on Tuesday 7 September 2021.

Submissions should be emailed to

Please direct any queries or requests for additional information to the above mentioned email address.

About making a submission

Please be aware that in making a submission, you are consenting to it being treated as a part of a public document. Your name will be published; however, your contact address will be withheld for privacy.

If you do not consent to your submission being treated as part of a public document, you should mark it as confidential or specifically identify what information in the submission you consider to be confidential, and include an explanation.

Please note that even if your submission is treated as confidential by the department, it may still be disclosed in accordance with the requirements of the Freedom of Information Act 1992, or any other applicable written law.

The department reserves the right before publishing a submission to delete any content that could be regarded as racially vilifying, derogatory, or defamatory to an individual or an organisation.


  • Public


  • strategic policy