The Department of Water and Environmental Regulation (DWER) is seeking stakeholder feedback on draft planning regulations and a discussion paper relating to referral of planning schemes to the EPA. The proposed regulations are intended to streamline EPA assessment to focus on matters that may have a significant impact on the environment.

Currently, all local and regional planning schemes must be referred to the Environmental Protection Authority (EPA) for a determination on whether the scheme should be assessed under Part IV of the Environmental Protection Act 1986 (EP Act).  In most cases, new or amended planning schemes do not have a significant impact on the environment and are not assessed by the EPA.

Section 48AAA will be inserted into the EP Act by proclamation of Section 56 of the Planning and Development Amendment Act 2020.  It will enable the making of regulations to limit the planning schemes referred to the EPA.

UDIA WA will be making a submission as part of the key stakeholder consultation process.

We are inviting member feedback by COB Wednesday 22 March, particularly around any critical issues/concerns in relation to the proposals in the draft regulations and related challenges being experienced by industry.

Please send your feedback to

For more information, click here for the Consultation Draft and here for the Draft Discussion Paper.