Legal and governance review

In early 2016, the Environmental Protection Authority (EPA) commissioned a review into the content, development, and application of its policies and guidelines in fulfilling its statutory duties to undertake environmental impact assessments pursuant to the Environmental Protection Act 1986 (WA) (“the Review”).

The Review was established following the decision the Chief Justice of the Supreme Court of Western Australia in Save Beeliar Wetlands (Inc) v Jacob [2015] WASC 482 (the Roe 8 Case) which held that EPA’s environmental assessment report in relation a proposal to extend the Roe Highway to Stock Road was invalid.

Three legal professionals were appointed to conduct the Review: Peter Quinlan SC, Eric Heenan, and Sunili Govinnage (the Review Team).

The Terms of Reference were for the Review Team to consider:

1. the EPA’s practices for development of [environmental impact assessment] policies, guidelines and procedures, and specifically:
   1. whether the current framework for, and intended purposes of, policies, guidelines and procedures is appropriate; and
   2. is the process for development and review of policies, guidelines and procedures sound.
2. the content, clarity and consistency of [environmental impact assessment] policies, guidelines and procedures specifically:
   1. whether the content of policies, guidelines and procedures are appropriate for their intended application; and
   2. whether the policies, guidelines and procedures are written in a way that is likely to achieve their intended purpose.
3. processes to ensure [environmental impact assessment] policies, guidelines and procedures are given due consideration during assessment and in the EPA’s reporting, and specifically:
   1. the form and structure of a workflow process for consideration and application of policies, guidelines and procedures which:
      • ensures compliance with the Act making principles, and
      • produces a written report or recommendation which is legally robust and consistent.
   2. the content of the report and recommendations to the Minister following the assessment of a proposal.
4. any other matters related to the application of [environmental impact assessment] policies, guidelines and procedures which could affect the EPA’s capacity to fulfil its statutory duties to undertake environmental impact assessment.