Environmental Impact Assessment (EIA) & Relevant Legislation (Western Australia)
Two State Acts and a Federal Act are
relevant to the consideration of subterranean fauna in environmental
impact assessment in Western Australia:
Environmental Protection Act 1986,
Wildlife Conservation Act 1950;
Environment Protection and
Biodiversity Conservation Act 1999.
In Western Australia, the objective of the Environmental Protection
Authority (EPA 2003) in relation to subterranean fauna species is to
ensure adequate protection of important habitats for these species. In
accordance with the Environmental
Protection Act 1986, the EPA Guidance Statements No. 54
(Subterranean fauna) and 54A (Draft Technical Appendix) provide the
basis for the EPA’s evaluation of development proposals subject to
environmental impact assessment (EIA). The requirements of this
Guidance represent the minimum level of information necessary to enable
the assessment of subterranean fauna as an environmental factor.
The EPA also ensures that proposals do not potentially threaten the
viability of any subterranean species, in accordance with the Wildlife Conservation Act 1950.
This Act is administered by the Department of Conservation and
Environment (DEC) who advises the EPA. The object of the Wildlife Conservation Act 1950, is
‘to provide for the conservation and protection of wildlife’, and it
does not permit the Minister for the Environment to issue a license to
take fauna where that taking might lead to extinction. Fauna species
which are recognised as rare, threatened, or have high conservation
value, may be specially listed under this Act via the Wildlife Conservation (Specially Protected
Fauna) Notice.
The Federal Environment Protection
and Biodiversity Conservation Act 1999, is relevant where
certain threatened species and Threatened Ecological Communities (TECs)
listed under this Act may be impacted by a proposed action.