Referral of Statutory Planning Schemes and Amendments to the EPA under section 48(1) of the Environmental Protection Act 1986 (EP Act) and either section 38 or 81 of the Planning and Development Act 2005
All Planning Schemes and Amendments must be referred to the EPA by the Responsible Authority, who is either a Local Government Authority or the WA Planning Commission. A form is available below. (Note: Planning Scheme referrals are not available for public comment.)
Form: Referral of a Scheme to the EPA by the Responsible Authority
Referrals of Development Proposals under section 38(1) of the Environmental Protection Act 1986
A number of forms and documents have been prepared by the EPA to help proponents, the public and decision-making authorities refer proposals to the EPA.
A guide has been prepared to help Proponents, the public and Decision-Making Authorities (DMAs) decide when and how to make referrals to the EPA.
General Guide on Referral of Proposals to the Environmental Protection Authority under Section 38 of the Environmental Protection Act 1986
Proponent - When a development proposal is likely to have a significant effect on the environment, a proponent may refer the proposal to the EPA for a decision on whether or not it requires assessment under the Act.
FORM: Referral of a Proposal by the Proponent to the EPA under Section 38(1) of the Environmental Protection Act
Third Party- When a member of the public becomes aware of a development proposal that they consider is likely to have a significant effect on the environment, they may refer the proposal to the EPA for a decision on whether or not it requires assessment under the Act.
FORM: Referral of a Proposal by a Third Party to the EPA under Section 38(1) of the Environmental Protection Act
Decision Making Authorities - A referral to the EPA by a DMA must be made on this form. Before completing the form, DMAs are encouraged to familiarise themselves with the EPA's General Guide (above) and any guides for referrals for specific categories of proposals. These guides provide information on the types of proposals which need to be referred and specific information required in respect of different categories of proposals.
DMAs should also familiarise themselves with the EPA's Guidance Statement No. 33 (Environmental Guidance for Planning and Development, June 2005), together with any relevant Memorandum of Understanding between the EPA and DMA.
FORM: Referral of a development proposal to the EPA by the decision making authority