WA environment regulator independent ‘for now’ ahead of green tape overhaul

Premier Roger Cook and the head of WA’s Environmental Protection Authority are at loggerheads over whether the regulator is independent of the government ahead of the biggest overhaul of environmental approvals in decades.

The Cook government’s plan to accelerate the approvals process, presented to a business breakfast on Tuesday, will require the EPA to consider what the government wants, as documented in a statement to the organisation from the environment minister.

WA Environmental Protection Authority chairman Matthew Tonts.Credit: Peter de Kruijff

Cook said it was important to recognise that “while the EPA gives independent advice to government, it is not independent of government”.

“A statement of intent will ensure the EPA recognises the government’s priorities and policy objectives,” he said.

However, EPA chair Matthew Tonts said the current Environmental Protection Act stipulated that neither the authority nor its chair were subject to the direction of the environment minister.

“For now, the EPA remains independent of government,” he said.

Conservation Council of WA president Richard Yin said the independence of the EPA needed to be increased, not curtailed.

“These reforms will further reduce the community’s confidence that the EPA can perform its core role which is to prevent environmental harm,” he said.

Tonts said a statement of intent would require significant legislative amendments, and he could not comment on how it might affect environmental assessments until that detail was available.

Other proposed reforms would allow the environment minister to tell the EPA when it must complete its assessment of a “project of state significance” and allow other approvals to run in parallel with the work of the EPA.

Proponents of “significant” projects will be offered the opportunity to meet the EPA board at least once, and if the project is contentious, there could be additional opportunities for face-to-face lobbying of the board.

After years of complaints about delays from industry, $18 million will be spent to reduce bottlenecks, including more cash to attract and retain EPA staff and help from external consultants.

Cook said the current situation was stifling investment.

“The feedback is clear, environmental approvals are taking longer, with no certainty over timeframes,” he said.

The sweeping changes were based on a review by past EPA chair Paul Vogel and planning consultant David McFerran announced less than seven weeks ago.

Warren Pearce, chief executive of AMEC, the lobby group for small miners, said approval had become a major deterrent to investment in critical minerals, hydrogen and renewable energy.

“The premier is getting on with the job and showing common sense,” he said.

“It’s not guaranteed approval, but it is a guaranteed decision.”

State Liberal leader Libby Mettam supported the changes but said they were a last-minute attempt to unwind a bureaucratic mess of the government’s making.

“I question why this has only become a priority for this government now, a year out from the election,” she said.

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