Environmental Protection Regulations 1987

the places at which a draft policy will be available for public inspection are —

the head office; and

Lot 3 Anderson Road, Karratha Industrial Estate, Karratha, Western Australia, 6714; and

181‑205 Davey Street, Booragoon, Western Australia, 6154; and

the corner of Dodson Road and South Western Highway, Bunbury, Western Australia, 6230; and

1^st Floor, The Foreshore Centre, 201 Foreshore Drive, Geraldton, Western Australia, 6530;

the period during which a draft policy will be available for public inspection is the period of 21 days commencing on the last day on which a notice is published under that section in respect of the draft policy.

In this regulation —

Subject to subregulation (4), the Authority must —

cause a minute to be published within 6 months after the date of the meeting to which the minute relates; and

cause a record to be published within 6 months after the date of the decision to which the record relates.

The Authority may determine that a minute or record, or a part of a minute or record, contains exempt matter.

The Authority must not publish a minute or record, or a part of a minute or record, that is the subject of a determination under subregulation (3).

The Authority may revoke a determination made under subregulation (3).

In this regulation —

For the purposes of section 38(5)(b) and (5c)(b) of the Act a proposal is of a prescribed class if it involves a significant discharge of waste into the environment.

For the purposes of section 38(5)(b) and (5c)(b) of the Act a proposal is of a prescribed class if it involves a significant emission of noise, odour or electromagnetic radiation into the environment.

For the purposes of section 38(5)(b) and (5c)(b) of the Act a proposal is of a prescribed class if it involves a petroleum activity that —

is the subject of —

an environment plan submitted under the PGEGGS Environment Regulations regulation 9; or

a revision of an environment plan submitted under the PGEGGS Environment Regulations regulation 18, 19 or 20;

is to be carried out in an existing petroleum authority area; and

involves hydraulic fracturing.

the title or number or other means of identification of the proposal; and

the name of, or the office or position held or acted in by, the proponent of the proposal.

In this regulation —

trade secrets of a person;

confidential information (other than trade secrets) that has a commercial value to a person that would be, or could reasonably be expected to be, destroyed or diminished if the confidential information were published.

The proponent of a referred proposal or an approved proposal may, when submitting documentation to the Authority in relation to the proposal, request in writing that the Authority not publish the whole or part of the documentation (the relevant documentation) because of the confidential nature of the relevant documentation.

If a request is made under subregulation (2) by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)), the Authority must acknowledge receipt of the request in writing.

On receipt of a request under subregulation (2) and, if subregulation (3) applies, after the Authority has acknowledged receipt of the request the Authority —

must, if satisfied that the whole or part of the relevant documentation contains confidential material, refrain from publishing that whole or part; and

may refrain from publishing the whole or part of the relevant documentation if the Authority —

is not satisfied of the matters referred to in paragraph (a); but

is satisfied that it is desirable to refrain from publishing that whole or part because of the confidential nature of that whole or part.

The Authority must refrain from publishing any BSB number or bank account number contained in documentation submitted to the Authority in relation to a referred proposal or an approved proposal.

Subregulation (1) applies whether or not a request has been made under regulation 3B(2).

In this regulation —

the document titled “Threatened and Priority Flora List”, as retitled or amended from time to time, published by the department principally assisting in the administration of the Biodiversity Conservation Act 2016 (the department) on its website;

the document titled “Threatened and Priority Fauna List”, as retitled or amended from time to time, published by the department on its website;

The Authority may at any time refrain from publishing any of the following information if it is confidential (whether or not a request has been made under regulation 3B(2)) —

personal information;

the precise location of any of the following —

a threatened species;

any other species listed, designated or declared as threatened, endangered or vulnerable under or for the purposes of a written law;

a listed threatened species as defined in the Commonwealth Environment Act section 528;

a species listed on a priority list;

a breeding area of a species referred to in subparagraphs (i) to (iv);

the precise location of a population of a native species, or a breeding area of a native species, if the Authority considers that the survival of a population of the native species could be threatened by —

publishing that information; or

the presence or actions of persons if that information were published;

the precise location of an Aboriginal site, if the precise location of that site is identified in documentation provided to the Authority in relation to a referred proposal or an approved proposal.