Predominance and independence in environmental impact assessment: The Western Australia model

Western Australia introduced second-generation environmental impact assessment (EIA) with a comprehensive statutory backing upon the enactment of the Environmental Protection Act 1986. The outstanding characteristics of the EIA system are twofold: first among which is the primacy of the environmental decision, taken by the minister for the environment on the basis of the EIA process, over all other decisions and the implementation of the conditions attached to permissions as a result of the EIA process under the enabling legislation. Second is the statutory guarantee of independence from political direction that is enjoyed by the Environmental Protection Authority established, in part, to administer the EIA process. This study suggests criteria to evaluate the formal legal procedures, the arrangements for their application, and practice in their implementation in any EIA system and uses these to determine whether Western Australia's EIA system i worthy of emulation.