For the Department of Water and Environmental Regulation (DWER) and the WA Environmental Protection Authority (EPA) to operate as effective regulators, there must be an increase in both agencies’ resources for monitoring and enforcement, as well as assessment processes.

Retaining the independence of the EPA is critical to a robust governance framework for environmental protection and sustainable development. It must also be acknowledged that public participation leads to better environmental outcomes and is a function of a healthy democracy.

To ensure effective regulation and better outcomes for WA’s environment, these are the following recommendations.

Key recommendations

Establish an independent Environment Court

Create a specialised independent Environment Court or Tribunal to hear both merits-based and procedural reviews of environmental decision-making, increasing fairness and accountability.

Strengthen regulatory bodies 

Improve the resourcing of key agencies (DWER, DBCA, EPA) to ensure they have the capacity for effective environmental assessments, monitoring and enforcement, particularly in addressing climate change and habitat and biodiversity loss.

Ensure increased allocation of resources to monitoring and compliance.

Guarantee independence

Guarantee the independence of the EPA and Appeals Convenor (or environmental court or tribunal) to ensure assessment decisions, advice and recommendations are based on environmental objectives and outcomes, free from political or corporate influence, such as directives by government via a ‘statement of expectation’.

Require EPA board members to have expertise in environmental conservation and remove industry experience as a specific selection criterion for Board appointments.

Strengthen public participation and accountability

Improve consultation to include standards for meaningful and ongoing public participation in environmental assessments and decision-making. These standards should ensure greater scrutiny and community contribution to improved environmental outcomes, including in relation to project-specific assessments and throughout the life of a specific project.