A WA State Administrative Tribunal first: Consideration of sea level rise and State Coastal Planning Policy

Climate change considerations have been pivotal to a recent State Administrative Tribunal (SAT) decision in Western Australia: Two Rocks Investments Pty Ltd and Western Australian Planning Commission [2019] WASAT 59. In summary, the SAT rejected a local structure plan, in the form proposed, on the basis that it did not have the appropriate setbacks to account for sea level rises anticipated by climate change. This decision is the first of its kind in Western Australia. Continue reading

WA EPA consultation on greenhouse gas guidance

By Melanie Debenham, Senior Associate, Perth

The Western Australian Environmental Protection Authority (EPA) commenced consultation last week on the greenhouse gas guidance for assessing proposals likely to have a significant impact on the environment under Part IV of the Environmental Protection Act 1986 (WA).

The guidance being consulted on is exactly the same as that initially released and withdrawn in March 2019, being the Environmental Factor Guideline (Air) – Greenhouse Gas Emissions and Technical Guidance – Mitigating Greenhouse Gas Emissions. To support the consultation, the EPA has also released a background paper. Continue reading