Edith Cowan University Research Online Theses : Honours Theses 1999 The Western Australian Environmental Protection Authority (EPA) : Its Structure, Functions and Performance 1971-1996 Vincent Cusack Edith Cowan University Follow this and additional works at: https://ro.ecu.edu.au/theses_hons Part of the Environmental Health and Protection Commons Recommended Citation Cusack, V. (1999). The Western Australian Environmental Protection Authority (EPA) : Its Structure, Functions and Performance 1971-1996. https://ro.ecu.edu.au/theses_hons/842 This Thesis is posted at Research Online. https://ro.ecu.edu.au/theses_hons/842 Edith Cowan University Copyright Warning You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorize you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. A court may impose penalties and award damages in relation to offences and infringements relating to copyright material. Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form. The Western Australian Environmental Protection Authority (EPA): Its Structure, Functions and Performance 1971-1996. by Vincent Cusack A thesis submitted in partial fulfilment of the requirements for the award of Bachelor ofArts (Honours) (Politics and. Government) Faculty of Community Services, Education and S.?cial Science Edith Cowan University (October, 1999). USE OF THESIS The Use of Thesis statement is not included in this version of the thesis. ABSTRACT This study examines the effectiveness of the Western Australian Environmental Protection Authority (EPA), from its inception in 1971 to 1996. While environmental concerns have risen considerably in recent times, environmental awareness can be traced back to early historical beginnings. Yet, despite this initiaJ awareness it took some time before environmental problems permeated the public consciousness, to occupy the political agenda. However, in the early 1970s, govc.nments throughout the First World responded to research and heightened awareness of environmental concerns, with specific legislation to protect the environment. A common feature of the legislation, was the provision for a main administrative body with designated powers and responsibilities to assist in environmental management. Hence, this study undertakes a review of the environmental protection legislation in Western Australia, with specific concentration upon the EPA. This is done by evaluating the original Environmental Protection Act 1971 (EP Act), and its successor the 1986 EP Act. In aodition, the significance of two sets of amendments to the main legislation, in 1980 and 1993, have been explored. This study found that the 1986 EP Act was the strongest environmental legislation enacted in Western Australia. It increased the power and influence of the EPA, which enhanced its ability to provide adequate environmental advice to government. However, the power and influence of the EPA appear to have been, restricted by the 1993 amendments. Moreover, a common trend emerged over the period studied, which indicated an ideological difference between the two major political parties concerning environmental legislation and the strength and independence of the EPA. Finally, the need for governments to adopt a long-term approach to environmental management is recommended. iii DECLARATION I certify that this thesis does not incmporate without acknowledgment any material previously submitted for a degree or diploma in any institution of higher education; and to the best of my knowledge and belief it does not contain any material previously written by another person except where due reference is made in the te Signature Date29-;o -?'! iv ACKNOWLEDGEMENTS I would like to express my sincere appreciation to my supervisor Associate Professor Harry PhiiJips, for his time, encouragement and constructive criticism throughout my studies. I also wish to extend my gratitude to other staff members at ECU, who gave freely of their expertise and assistance during my time at University. Finally, a special thanks to my family and friends for their unending support. v ABBREVIATIONS AAPC Australian Association of Planning Consultants the Authority Environmental Protection Authority CEO Chief Executive Officer CTRC Conservation Through Reserves Committee DCE Department of Conservation and Environment DEP Department of Environmental Protection EIA Environmental Impact Assessment EIS Environmental Impact Statement EPA Environmental Protection Authority EPAct Environmental Protection Act EPP Environmental Protection Policy ERMP Environmental Review and Management Programme MLA Member of Legislative Assembly SIU Social Impact Unit WAPD Western Australia Parliamentary Debates vi Table of Contents Copyright and Access Declaration .................................................................. ii Abstract ................................................................................................. iii Declaration ........................................................................................... .iv Acknowledgments .....................................................................................v Abbreviations .......................................................................................... vi Contents ................................................................................................ vii Chapter One An Historical Background to lhe rise of Environmentalism ................................ I Governmental Statutory Response to Environmental Concerns ................................. 6 Significance of the Study ............................................................................. 9 Problem Under Investigation ........................................................................ 10 Chapter Two The Environmental Protection Act 1911: Its strengths and weaknesses .................. 12 Structure of the Environmental Protection Bodies ...........................................•... !3 Deficiencies in the Environmental Protection Act 1971 .....................................•... 17 An Evolving Approach to Environmental Impact Procedures ..........•..................•..... l9 The 1980 Amendments to the Environmental Protection Act 1971. ........................... 24 Conclusion ........... ~··············································································· ... 26 vii Chapter Three An Evaluation of the Environmental Protection Act 1986•.................................. 27 Criticisms of the EPA and Government inaction over legislative change .................... 28 The Introduction of the Environmental Protection Act 1986................................... .31 Enhanced Statutory Functions .......................................................................33 New Requirements for Environmental Impact Assessment (EIA) ............................. .36 Conclusion ............................................................................................. 38 Chapter Four The significance of the 1993 Amendments to the Environmeqt Protection Act 1986•. .40 Independent Review of the Environmental Protection Act. .................................... .42 Labor Strategy Before Election? .................................................................... .44 Removal of Environmental Protection Authority Members ..................................•. 45 Introduction of 1993 Amendments ................................................................. 48 Judicial Appeals ....................................................................................... 50 Lack of Environmental Protection Authority (EPA) Independence .............................52 Conclusion .............................................................................................. 53 Chapter Five Conclusion ............................................................................................. 55 Broader Implications of the Study ..........................•.............•.............•.....•..... 62 References ..............................................................................................64 viii Chapter One An Historical Background to the rise of En\·ironmrntalism. Environmentalism is considered by many as a relatively recent addition to modern political thought. Indeed, this thesis wilJ focus upon a modern institution namely the Western Australian Environmental Protection Authority (EPA), which was established in 197 I. The growth of environmental problems in recent times has intensified the chaJlenge for proponents to provide long term solutions. As a result contemporary environmental groups often fail to acknowledge the efforts made by previous generations to address similar problems (Papadakis, 1993, p. 45). While it is true that the extent of environmental issues has risen considerably in the past few decades, environmental concerns have a much longer history. In Greece for example the first signs of widespread misuse of the environment emerged around 650 BC as population rose and settlements expanded. Concerns with land degradation from overgrazing and removal of trees,