Environment and planning developments in Western Australia
What you need to know
- From 1 January 2026, the EPA's new Environmental Impact Assessment (EIA) Practice Guide became the primary reference for the WA EIA process.
- The Department of Water and Environmental Regulation (DWER) has introduced a Priority Project Pathway which provides a single-interface approvals model, parallel progress on secondary approvals, and a dedicated Green Energy fast-track for priority projects of State significance.
- The Legislative Assembly's decarbonisation inquiry is examining WA's contribution to the decarbonisation of major trading partners via LNG, hydrogen/ammonia, green iron and carbon capture, and the barriers to large-scale investment.
- Timing for stage 3 of the Environmental Protection Act 1986 (WA) (EP Act) reforms remains uncertain. Proposed stage 3 amendments are to introduce prescribed activity regimes, modernise Schedule 1 licensing, enable environmental monitoring programs and establish offset fund management.
- Planning reforms propose a 10-year review cycle and updated rules for local planning policies, with consultation on the draft 2025 regulations now closed.
What you need to do
- Proponents need to keep abreast of the myriad of changes in the WA environment and planning space to avoid negative impacts on project timelines and costs.
- Proponents should front-load approvals and engage early and regularly with regulators and stakeholders to keep projects decision-ready as requirements evolve.
Environmental Impact Assessment Practice Guide
The Environmental Impact Assessment Practice Guide – Assessment of Proposals in Western Australia (EIA Practice Guide) became the EPA's primary reference from 1 January 2026, replacing the Administrative Procedures and Procedures Manual.
The EIA Practice Guide:
- consolidates referral and assessment guidance into a single source;
- reframes scoping to EPA-led processes with targeted expert input;
- shifts screening from levels of assessment to three core questions to focus assessments; and
- extends the minimum public review period from two to four weeks.
To support implementation, the EPA has updated referral instructions and forms, scoping instructions and templates, and environmental review document templates. The EIA Practice Guide clarifies roles for decision-making authorities, the public and technical experts.
DWER Priority Project Pathway
The Department of Water and Environmental Regulation (DWER) has introduced a new approvals pathway for priority projects. Eligible projects include Government priority, significant and strategic projects under the Lead Agency Framework, projects considered by the Tourism Investment Coordinating Council, Treasury Housing Supply Unit Priority Growth Front projects, and high-profile developments.
The Priority Approvals team is a single DWER interface for priority proponents, coordinating cross-agency engagement and facilitating progress towards secondary approvals in parallel with EPA assessments.
Proponents can expect a single point of contact, clearer entry points, whole-of-government advice, early access to a dedicated officer to scope requirements, and clarified agency roles.
Inquiry into the role of Western Australia in the global effort on decarbonisation
On 21 August 2025, the Legislative Assembly referred terms of reference to the Economics and Industry Standing Committee to inquire into Western Australia's contribution to the decarbonisation of major trading partners. The Committee is considering:
- pathways for partners' decarbonisation and WA's role via LNG (as a transition fuel), blue / green hydrogen and ammonia, green iron, and carbon capture;
- current barriers to investment in large-scale decarbonisation and pathways to green fuels; and
- opportunities for State and Federal support.
A submission from the Department of Local Government, Industry Regulation and Safety highlights local government constraints (approvals capacity, infrastructure costs, capacity imbalance with large proponents, rating methodology) and proposes a whole-of-government response including technical support for engagement, planning reforms, funding for consultation capacity, rating guidance, greater visibility of approvals and State investment, and mechanisms for payments in lieu of rates analogous to resources / grain storage sectors.
The Committee is to report on the findings of the inquiry by 15 August 2026.
Environmental Protection Act 1986: reform timeline remains unclear
Timing of Stage 3 of the amendments proposed under the Environmental Protection Amendment Act 2020 remains unclear.
Stage 1 and Stage 2 amendments were proclaimed in 2021. As at the date of this publication, there has been no further indication of the timeframe for Stage 3 amendments.
Stage 3 amendments are to include:
- a new 'prescribed activity' regime, including reviewing and replacing Schedule 1 licensing categories;
- head powers for establishing environmental monitoring programs in regulations; and
- provisions for the management of offset funds.
Further reform is expected in relation to Environmentally Sensitive Areas (ESAs), fees for environmental protection covenants, Part IV prescribed proposal classes and amendment of Schedule 1 to align with prescribed activities among other things.
We also expect the EP Act may be amended in response to EPBC Act reform, including potentially in relation to Bilateral Agreements.
Proposed Changes to the Review of Planning Instruments
Part 9 of the Planning and Development Amendment Act 2023 provided for the insertion of a new Part 9A into the Planning and Development Act 2005, which centres around ten-yearly reviews of planning instruments. This requires the amendment of various sets of regulations before proclamation.
The draft Planning and Development Regulations Amendment (Review of Planning Instruments) Regulations 2025 (Amendment Regulations) notably propose:
- a 10-year review cycle for State and local planning instruments via amendments to existing regulations; and
- new provisions on the manner and form, purpose, duration, review and extension of local planning policies.
Amendments included in the Amendment Regulations aim to clarify review requirements for State Planning Policies, Region Schemes and Planning Codes, and strengthen local frameworks with clearer policy improvements and ten-yearly reviews to keep planning instruments current.
Public consultation on the draft regulations closed on 3 October 2025.
Insights
Our specific recommendations for each matter include:
- EIA process changes: Review the EIA Practice Guide and ensure key personnel are informed of changes and can drive alignment with internal practices, including updating internal documents and considering project timetables against the extended four‑week public review period and EPA‑led scoping.
- Priority approvals: Leverage DWER’s streamlined, customer-focused priority pathway for eligible projects.
- Decarbonisation Inquiry: Consider Committee focus areas (LNG, hydrogen/ammonia, green iron etc.) and address the investment barriers under examination, including local government interface issues. Keep an eye out for the inquiry report in 2026.
- EP Act reforms: Participate in public consultation following announcements related to EP Act amendments, including the transition from prescriptive Schedule 1 categories to prescribed activity regimes and related regulatory tools (monitoring, offsets management).
- Planning instruments: Monitor the finalisation and commencement of regulations associated with the review of planning instruments.
These changes should be considered in tandem with those in the broader development and renewables sectors, including the impact of the new State Development Act for projects with strategic significance to the State and the Renewable Energy Planning Code and Community Benefits Guideline for renewable energy projects in WA.
We discuss these changes in our articles, "Big changes for regulation of WA renewable energy projects" and "WA's new State Development Act 2025 to streamline regulatory approval process for State significant development".
Other authors: Shayne Solin, Lawyer and Indiah Smith, Graduate.
