Wespine Industries Pty Ltd ("Wespine") operates a pine sawmill at Moore Road, Dardanup pursuant to the Dardanup Pine Log Sawmill Agreement Act 1992 (WA) and Ministerial Statement No. 312 of 1993. The promulgation of the Environmental Protection (Noise) Regulations 1997 ("the noise regulations") in 1997 created obligations on Wespine that were inconsistent with the Ministerial Statement, in relation to allowable levels of noise emissions. The noise regulations provided for this contingency through noise regulation 17. Regulation 17 confers upon the Minister for the Environment the power to vary the application of the requirements of the noise regulations in appropriate circumstances by issuing an Approval for such a variation. Wespine has sought such an Approval. Noise regulation 17 requires an application for variation to be referred to the Environmental Protection Authority (EPA) for assessment. Where the EPA is of the view that noise emissions will vary from a prescribed standard in the noise regulations, the EPA is to inform the Minister, assess the application, and report to the Minister. The Minister has been informed (15 July 1999) and this report provides the EPA’s advice and recommendations, as required by noise regulation 17(3)(b).