Terms of use · Environment Online

About Environment Online

Environment Online is provided by the State of Western Australia (also called the WA Government) to help people connect online with the Department of Water and Environmental Regulation (the Department). We plan to bring together water and environmental assessments, approvals and compliance into one easy-to-use digital location. Our aim is to shorten turnaround times and ensure quicker assessment processes for joint State and Australian Government projects, helping to create jobs and support the economy.

Currently, you* can use Environment Online to access general information, to refer applications for environmental assessment and to submit related information. Help with finding information and services, including the environmental impact assessment processes, is available by accessing the FAQs and knowledge articles available on Environment Online. If you* need more help, contact us.

Alternatives to Environment Online

If you are unable to (or you do not wish to) use Environmental Online, you can access the Department's services in other ways – for example, you can refer applications for environmental assessment over the counter, by mail and email. However, the efficiency gains expected through using Environment Online may not be delivered through these other options. Please contact us for more information.

Providing access to everyone is important to us – including people with disabilities, older people, people who aren't comfortable using digital services, hearing or speech impaired persons, people in regional areas and people using a range of devices.

Questions or concerns

If you have any questions, concerns or suggestions about Environment Online, please contact us.

Complaint process

The Department's complaint process can be accessed via the Feedback and complaints (www.wa.gov.au) page.

About these Terms of Use

What these Terms of Use are about

These Environment Online Terms of Use apply to individuals and organisations who access and use any part of the Environment Online website and portal, and any associated software (collectively referred to as Environment Online).

These Terms of Use set out the rules that apply to your use of Environment Online – for example:

using Environment Online properly – not harming others or harming the system;
following the law and other terms that apply when using Environment Online;
giving the right information and protecting your identity; and
the limitations of Environment Online.

By accessing or using Environment Online you* are agreeing to these Terms of Use. Any person using Environment Online for an organisation is agreeing to these Terms of Use on behalf of that organisation – and represents and warrants that the person can (and is authorised) to do so.

If you* do not agree to all these Terms of Use, then do not access or use Environment Online.

Who these Terms of Use apply to

These Terms of Use apply to:

you – the individual who uses Environment Online; and
the WA Government acting through the Department (also called we or us).

If you are using Environment Online on behalf of another person (including an individual or an organisation), then these Terms of Use also apply to the other person – and a reference to you* or your* means both the individual using Environment Online and that other person.

Other terms apply to your* use of Environment Online (in addition to these Terms of Use), including:

if you use a Microsoft service to access, or authorise others to access, Environment Online, the terms applying to that Microsoft service;
if you use a digital identity service (such as myGovID) to access Environment Online, the terms applying to that digital identity serviceand
if you use the Western Australia Relationship Authorisation Manager (WARAM) to authorise others to access Environment Online, the terms applying to WARAM.

You mustcomply with all of those other terms that apply to your* use of Environment Online, and to your authorisation of others to access Environment Online.

Changes to these Terms of Use

These Terms of Use may only be varied by the Department. The Department may, at any time and at its absolute discretion, vary these Terms of Use. If the Department changes these Terms of Use, we will notify you* when you* next log in to Environment Online.

If you* do not agree with the changes, then do not continue to use Environment Online. If you* continue to use Environment Online, the changed terms will apply from the time they were changed. The changed terms will replace any previous Environment Online Terms of Use.

Using Environment Online

Access

To access Environment Online, you will need:

a device with a Web browser – Environment Online is accessible using most recent versions of popular web browsers;
a reliable network connection – you are responsible for all internet access and network charges.

The Department is unable to provide technical support in relation to your device or network, any peripheral devices or software.

For some functions on Environment Online (such as creating an enquiry or viewing publicly available information) you do not need to login to the Environment Online portal. However, for other functions on Environment Online (such as referring proposals or submitting related information), you* will need to login to the Environment Online portal using an approved digital identity or an approved Microsoft work account.

No automated use

To use the Environment Online portal you must be a person or legal entity. This means you are either an individual human being or are a legal entity (for example a company). You must not, for example, use an automated system (including robots, spiders, offline readers etc) to directly or indirectly access or log in to, or attempt to access or log in to, Environment Online.

Access for individuals

Currently, you can access Environment Online using:

an approved digital identity service, such as myGovID (provided by the Australian Government). For more information on what is required to set up your digital identity using myGovID visit the myGovID website; or
if an organisation has used an approved Microsoft access management service to authorise you to access Environment Online on that organisation's behalf, your Microsoft Work Account.

Access on behalf of an organisation

If you are accessing the Environment Online portal on behalf of someone else (such as your employer, or a client), they must have authorised you to access Environment Online on their behalf using an access management service – either:

the WA Relationship Authorisation Manager (WARAM); or
an accepted Microsoft access management service (currently Microsoft Entra ID, available for organisations to authorise others).

Set–up and manage authorisations

For more information about what is required to set up and manage representatives to act on behalf of a business, volunteer organisation or other entity who is not a "legal person", visit:

Environment Online - Get Started
Authorisation Form
the WARAM website (for authorisations through WARAM).

Performance

Environment Online's performance may vary from device to device, and may be affected by many things, including your location and the quality of your network connection

Follow the law and these Terms of Use

You* are responsible for complying with:

these Terms of Use;
the terms of use (or other applicable terms and conditions) for myGovID, WARAM and Microsoft, as applicable to your* use of, and authorisation of others to access, Environment Online; and
all laws (and any other terms) that apply to your* use of Environment Online.

If you* are an organisation, you* are also responsible for ensuring such compliance by anyone who uses Environment Online on your* behalf.

You* are responsible for any fees charged by any access management service or third party provider you* use to access, and authorise others to access, the Environment Online portal.

Using an Environment Online account

Once you have an account with Environment Online, you must not:

share your Environment Online login details with anyone else (including undertaking any screen capture or like activity); and
let anyone else use your account, and you must not use anyone else's account or login details to access Environment Online

You must keep your login details secure so that no one else can access them. If:

you don't take reasonable steps to keep your login details secure, and someone else signs in to your Environment Online account; or
you give your login details to someone else who then signs in to your Environment Online account,

then you are responsible for everything that person does using your* account.

Tell us immediately

You* must tell us immediately if you suspect or find out:

that your account is no longer secure or someone else has accessed your Environment Online account;
if you* receive a notification addressed to another person; or
about any other data security issue, system security issue or suspicious activity in connection with Environment Online.

You* must follow our directions in respect of, or arising from, any such notifications, or from any other data security issue or system security issue.

If you think your* password is no longer secure, you should change your password immediately on the account that you use to log in to Environment Online.

Remember to log off

You must log off your* Environment Online account and any protected areas of the Environment Online portal when you finish your session. Remember to lock your device when not in use.

Authorising others to access Environment Online for you*

Delegate using an approved access management service

You* can authorise others to access Environment Online on your* behalf – for example, professional advisers, employees, contractors and consultants. You* can do this using an approved access management service – currently either:

WA Government's Relationships Authorisation Manager (WARAM); or
Microsoft Entra ID (this is only available to organisations to authorise others to act on their behalf).

Authorising others

When using an access management service to authorise others to act on your* behalf on Environment Online, any such authorisation:

does not replace a power of attorney – if a power of attorney needs to be established, then you* must follow the appropriate process for establishing the power of attorney; and
is not considered to be any kind of commercial arrangement, legally binding or otherwise, between you* and the organisation or person you authorise. You* should have appropriate contractual arrangements in place before using the access management service to authorise them to act on your behalf.

If you* authorise an organisation or another person via an access management service to act as a 'Service Administrator' on Environment Online on your behalf, then you agree that the organisation or person may authorise other people to act on your* behalf on Environment Online. Those other people can then act on your behalf as if you had authorised them personally.

Verifying identity

The WA Government and the Department take no responsibility for verifying the identity of anyone accessing Environment Online, regardless of whether the person accesses Environment Online using a digital identity service, a Microsoft Work Account or in any other manner.

It is your* responsibility to verify the identity of anyone you authorise to use Environment Online on your* behalf. For individuals you* authorise using a Microsoft access management service, you must ensure that such verification complies with the Australian Government's requirements for a 100 point identity check.

Manage your* permissions in more detail

You* can use Environment Online to specify particular functions or projects that others can access on your* behalf (for example, you* may wish to authorise different consultants to access different projects).

Keep authorisations current

It is the sole responsibility of the individual or organisation to ensure that all authorisations to act on their behalf are current and that those who hold authorisations have the capacity to act on, or contract on, their behalf. Keep authorisations up to date using either WARAM or Microsoft Entra ID, and Environment Online's projects manager functionality.

Terminating an authorisation

When a user ceases to be employed or engaged by your* organisation, you* are responsible for terminating the user's authorisation to access Environment Online, using either WARAM or Microsoft Entra ID, and Environment Online's projects manager functionality.

If you* are using a Microsoft access management service to manage Environment Online authorisations, you must immediately, if the Department requests, disable, suspend, restrict or cancel a access to Environment Online by any person (including a Service Administrator), and advise the Department that you* have done so.

WA Government and the Department not liable

The WA Government and the Department take no responsibility or liability for:

verifying the identity of any person accessing Environment Online (whether they access Environment Online by using a digital identity service, a Microsoft Work Account or otherwise);
managing or overseeing authorisations, or for any authorisation or appointment that is not current;
the disclosure of information (including personal or commercial in confidence information) to any unauthorised or unappointed person; or
any unauthorised or unappointed person accessing your* information or carrying out a transaction (including applying for an environmental impact assessment).

You* acknowledge that the Department relies on the verification of identity by, and the management of authorisations by, other users of Environment Online, and takes no responsibility or liability in respect of their verification of a person's identity or for their authorisation of any person.

Acting on behalf of another person

If you are using Environment Online to carry out a transaction on behalf of someone else (e.g. another individual or an organisation), then at the time of that transaction:

you must be currently authorised by them to access that information or carry out that transaction on their behalf, (meaning they have authorised you, and have not withdrawn, suspended or cancelled that authorisation);
if that authorisation is based on you holding a certain position (for example, as an employee), you must currently hold that position;
if your authorisation is held as a result of law (for example, as a Power of Attorney), then that authorisation must be current; and
you must comply with any request made by the Department for you to verify your authorisation to act on behalf of the other person.

It is your responsibility to ensure that:

the person on behalf of whom you are carrying out the transaction has authorised you to do so via an access management service; and
that your authorisation in the access management service remains valid and current.

Your* material

By uploading, entering or submitting any material (including information, data, documents or other material) to Environment Online, you* represent and warrant that:

the material is current, complete, and accurate;
you* are authorised to provide the material and have the necessary rights in the material to grant the licences as provided for in these Terms of Use;
you* grant and have the necessary rights in the material to grant, the Department a perpetual, non-exclusive and payment-free licence throughout the world to (and to sublicense others to) reproduce, use, adapt, communicate exploit and publish the material, in whole or in part, to the full extent permitted by law, in any jurisdiction in which Environment Online is available, for any purpose contemplated by these Terms of Use and any related secondary purposes;
you* agree, to the extent reasonably practicable and appropriate, to promptly update the material to maintain its completeness and accuracy;
the material is not defamatory, offensive or a malicious falsehood in relation to any product, service, person or corporation or set of facts or circumstances;
the material is not the "passing off" of any product or service and does not constitute unfair competition or infringe the rights of any person or organisation;
the material does not, and the Department’s use of the material will not, infringe the rights (including IP Rights and moral rights) of any person; and
the material does not infringe any laws.

To the extent that any moral rights subsist in any of that material, you* represent and warrant that you* consent (and have obtained each other author's consent) to the Department doing any act or omission including editing, changing or deleting some or all of the materials or information, which would, but for this consent, be contrary to the relevant moral rights.

Removal of information

The Department may remove any information and material, including your* information and material, included on, or uploaded to Environment Online any time without giving any explanation or justification for its removal.

Australian Government projects

When you* make a referral for an environmental impact assessment using Environment Online, you* may indicate whether you* want us to share the information provided with the specified Australian government departments (eg the Department of Agriculture, Fisheries and Forestry).

If you* do so, then it is your* responsibility to log in to the Australian Government's portal, and complete and submit your* referral to the appropriate Australian Government departments. We are not responsible for submitting the referral to the Australian Government.

Payments for environmental assessments

You* must pay all fees due for transactions that you* carry out using Environment Online.

Payments can be made via BPoint, direct deposit (EFT) or by post. Further information is available on the Department’s website as well as on the invoice issued to you by the Department.

Giving the right information

You* must be honest when using Environment Online. If you* are not:

this wastes the Department's resources;
you* may be denied access to Environment Online (temporarily or permanently).

In addition, if you* knowingly provide false or misleading information, you* may also be subject to penalties or have your* statutory instrument or licence revoked by the Department.

Being honest includes:

providing the right information when setting up an account on Environment Online, myGovID, WARAM and any relevant Microsoft service – you must make sure this information is true, accurate, complete and up-to-date;
providing the right information when using Environment Online and your chosen digital identity services, Microsoft services and access management services;
not pretending to be another person and not using an artificially generated identity;
not pretending to be authorised to act for someone else;
not accessing Environment Online on behalf of someone else unless you have been properly authorised by them; and
not providing other wrong information.

Using Environment Online for the right reasons

Use Environment Online only for interacting with the Department

You* must use Environment Online in accordance with these Terms of Use solely for lawful purposes and to interact with the Department.

Do not use Environment Online for other things.

You* must not use Environment Online for any other reason, or in any way other than as set out in these Terms of Use. For example, you* must not use Environment Online for:

commercial use: do not resell or make Environment Online available to any third party, or otherwise commercially exploit Environment Online;
disclosing material: do not use, share, or disclose any material (including personal information) to any unauthorised person;
decompiling: do not (or attempt to) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms on any part of Environment Online or the technology it uses;
framing: do not (or attempt to) frame or mirror any part of Environment Online, or delete any attributions or legal or proprietary notices on Environment Online; and
monitoring, using or copying: do not monitor or copy Environment Online, do not change, translate or otherwise create derivate works of Environment Online, do not use any software (like bots, scraper tools etc.) to access, monitor or copy Environment Online, and do not use Environment Online or its contents to build or inform a competitive product or service or both.

Using Environment Online in the right way

You* must:

not bypass security measures: do not attempt to bypass or undermine any security measures in respect of Environment Online or any technology it uses;
not use automation: do not access or use Environment Online using automated means (which may include the use of bots or artificial intelligence);
not harm the system: do not use (or misuse) Environment Online in any way that may impair the functionality of the underlying systems or technology used by Environment Online, or impair the ability of any other user to access or use Environment Online (this includes uploading or disseminating any computer virus, worms or other software that damages or disrupts Environment Online);
not harm others: do not use Environment Online in a way that violates anyone else's rights (including IP Rights) or privacy, or is objectionable, defamatory, malicious or misleading, or encourages unlawful conduct;
not avoid payment: do not use Environment Online in a manner that does, or is designed to, avoid paying required fees and charges;
not attempt unauthorised access: do not attempt to view, access or copy any material or data that you are not authorised to access – or any material or data that you* do not need in order to use Environment Online in accordance with these Terms of Use;
not allow other users access: do not allow anyone (other than you) to access or use Environment Online using your login details. Do not access anyone else's Environment Online account;
keep up to date: keep your* contact and project information and notification settings up to date; and
comply with laws and policy: comply with laws, regulations and Department usage polices that are in force when you* access Environment Online.

If you are identified as having not complied with the above, you* or your* organisation may be blocked from accessing Environment Online.

Privacy and electronic communications

Privacy

By using Environment Online, or otherwise accessing Environment Online through an Authorisation Service, you* agree to the collection, use, storage and disclosure of your* information (including personal or business information), as set out in the Environment Online Privacy Policy. You* also agree that we can monitor and review the activities of Environment Online users.

If you* do not agree to the collection, use, storage and disclosure of your information (including personal or business information), then do not access or use Environment Online.

The Department is not responsible for, and does not endorse or otherwise approve, the content, privacy policies or practices of non-government third party websites that are, or may be, linked to Environment Online. We recommend that you read the privacy statement and other policies of those other websites to understand what those other websites do with your information.

Electronic communications

You* agree:

to receive notifications (including messages, requests, directions, notices, orders, licences, permits, approvals, invoices, receipts and other documents and information) via electronic communication, including by email, messages on Environmental Online and electronic notifications on your device;
that any such notifications satisfy all legal requirements for written communication; and
that all notifications or other communications from us take effect from the time that it is electronically issued to you, either via email or through the Environment Online portal, unless another time is specified in the notification or by the communicator or by law.

You* are responsible for reading, and where applicable, responding in a timely manner to, all notifications we issue to you*.

Please contact us if:

you* do not agree to receive such notifications electronically; or
you* wish to specify who can receive electronic notifications on your* behalf.

Some notifications are not permitted by law to be sent electronically. For these documents the Department will send these to your* specified registered address.

You* are responsible for ensuring that:

the correct address to which you* wish to have these documents sent has been registered in Environment Online in respect of the specific project or proposal; and
the person or persons to whom these documents have been sent is authorised by you to receive or have access to these documents.

Location of communication

All communication sent to you* or uploaded, entered and submitted by you* to Environment Online is deemed to have taken place in the State of Western Australia.

Confidential information

Some of the information that you* provide to the Department is subject to mandatory requirements for publication. However, some of that information may – by law – be permitted to be kept confidential and not published by the Department. If this is relevant to the information that you* are submitting, then please ensure that this information is saved within the folder marked “Confidential” when completing your* referral and provide detail on the reasons for requesting the information to be treated as confidential. The Department will consider your* request for confidentiality in accordance with its established procedures.

Material contained on Environment Online may be confidential and you* must not disclose that material to any person who is not authorised to access that material.

Freedom of Information

You* acknowledge that information that you provide through Environment Online may be subject to an application for release under the Freedom of Information Act 1992 (WA) – and that the Department may release that information as required to comply with the law. This may include draft information that is stored on Environment Online but not submitted for assessment.

(The Freedom of Information Act 1992 (WA) also includes some exemptions from disclosure, for example, for particular types of confidential information.)

No liability

The Department, subject to relevant laws and Department policies, will take all reasonable precautions to protect and safeguard your* information (including personal information and confidential information) from unauthorised access or disclosure or other misuse or loss. However, if any unauthorised access or disclosure or other misuse or loss to, or disclosure of, your* information occurs (whether through Environment Online or otherwise), the WA Government is not liable for any personal injury, or for any loss or damage whatsoever (including incidental, special, economic, indirect or consequential loss or damages), directly or indirectly, suffered by any person or organisation including, without limitation:

loss or corruption of data or your* information or damage to any technology;
loss of profits or income or loss of opportunity;
interruptions to your* business or delay in any project or activity;
any reputational damage suffered by you*; or
any other loss or cost.

Limitations of Environment Online

Disclaimer

Information is presented on Environment Online for the benefit of the public, other government agencies, proponents and advisors. We take reasonable efforts to ensure the accuracy, currency and reliability of the information on this web site. However, we do not guarantee its accuracy, reliability, completeness or currency of the information – for example, changes in circumstances after publication may impact the information's currency and relevance.

No warranties

Environment Online is provided 'as is' and 'as available'. Except as required by law, the WA Government and the Department do not make any claims (and hereby disclaim any warranties, conditions and guarantees - whether express or implied) relating to:

your use of Environment Online;
quality, timeliness, suitability, performance or fitness for any particular purpose of Environment Online;
accuracy, completeness, suitability, reliability or quiet enjoyment of Environment Online;
non-infringement of third party rights (including IP Rights and moral rights); or
anything else to do with Environment Online or any associated services.

Nothing that we say or write or post on Environment Online creates any warranties in respect of Environment Online. However, the law may have warranties (including certain consumer guarantees) for Environment Online that we cannot lawfully exclude or change – those warranties will apply to Environment Online as required by law.

Errors and interruptions

The WA Government is not responsible for:

making sure Environment Online is error free;
ensuring any defects with Environment Online will be fixed; or
ensuring that you* have continuous access to Environment Online.

Third party technologies

Environment Online uses technology and services that are provided by third parties (including myGovID and Microsoft Entra, which are not provided by the WA Government). The technology and services may not always work as expected. As with the other aspects of Environment Online, the WA Government and the Department are not responsible for the operation of those technologies and services, or for making sure they are error-free.

Links to other sites

When visiting or accessing Environment Online, there may be links to third-party websites. These linked sites are not controlled by the Department or the WA Government.

The WA Government does not warrant or represent that the linked sites are complete, current, error free or reliable. The WA Government does not accept any responsibility for the content in these sites or the conduct (including views, opinions or information) of third parties on sites linked to Environment online. The WA Government does not accept responsibility or liability for any loss, damage, cost or expense you might incur as a result of the use of, or reliance upon materials in the linked sites.

We may change or withdraw Environment Online

The Department may, at any time, and without notice or liability to you*:

change Environment Online (including its content and how it works
change how and when Environment Online is available; or
suspend or discontinue Environment Online (in whole or in part).

We can cancel your* access to Environment Online

The Department may, at any time, and without notice or liability to you*:

terminate, suspend, restrict or disable your* access to or use of Environment Online; or
change who can use Environment Online.

This could be because you* do not comply with these Terms of Use or with your legal obligations – or it could be for any other reason, including reasons relating to internal WA Government operations.

If your access to Environment Online is terminated or suspended, you can still interact with the Department in other ways (for example, over the counter, by mail and email). Contact us for more information.

Limitations on our liability to you*

Use of Environment Online is at your* own risk

If Environment Online is defective, you* will not be reimbursed for any costs of fixing it – or fixing any damage or loss arising from it.

Information and links

All information relating to, or presented on, Environment Online is of a general nature only. You* will need to seek professional advice in relation to your particular circumstances and make your* own assessment of the accuracy and completeness of the information provided on Environment Online. In addition, we take no responsibility for:

your* use of external (non-WA Government) sites that might be linked to (or through) Environment Online;
your* use of any digital identity system, any access management service; or
any automated translation or other automated services you* use in connection with your* use of Environment Online.

We are not liable for loss

The WA Government, the Department and its service providers are not liable for personal injury, or for any loss or damages whatsoever (including incidental, special, indirect or consequential damages) including, without limitation:

loss or corruption of data or your* information (including your personal information) or damage to any technology;
loss of profits or income, loss of opportunity;
reputational damage to your* business or organisation;
interruption to your* business or delay to any project or activity; or
any other loss or cost,

arising out of or related to your* use of (or inability to use, including if your* use of the site is suspended or terminated) Environment Online, or any unauthorised use of Environment Online, however caused, and whether arising under contract, tort, statute, equity or otherwise, and even if you* have advised the WA Government or the Department of the possibility of such loss or cost or damage.

The WA Government's total liability to you* for all damages and any kind of loss will not, in any case, exceed $20 (Australian).

Your* rights at law

Some jurisdictions give you* rights at law that can't be limited or excluded – and so some of the above limitations might not apply to you*. In that case, they apply only to the maximum extent permitted by law.

If the WA Government or the Department is liable to you* under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, then (to the extent legally possible), the WA Government limits its liability under those provisions to:

supplying Environment Online or any relevant services again; or
the payment of the cost of having Environment Online or relevant services supplied again,

as the WA Government chooses.

Your* liability to us

You* are responsible for and indemnify the WA Government and the Department against any loss or damage to any person arising from:

any breach of these Terms of Use;
the provision of any material using Environment Online;
the authorisation of any person to act on your* behalf in relation to Environment Online, including any authorisation that is incorrect, improper or out of date; or
any wilful, negligent or unlawful act or omission by you* in relation to or in the course of your* use of Environment Online.

Your* responsibility for actions or omissions will continue despite you* ceasing to use Environment Online or having been denied access (temporarily or permanently) to Environment Online.

IP Rights in Environment Online

The WA Government (or its licensors) own all rights, including copyright, in Environment Online and the technology it uses. It is licensed (not sold) to you*.

All other IP Rights in Environment Online are subject to the licence set out in these Terms of Use. The licence is for you* to use Environment Online for the sole purpose of accessing information about the Department and Environment Online services and submitting applications for environmental assessment.

The WA Government reserves all rights in and to Environment Online (including in respect of technology, trade marks and branding) that are not expressly granted to you* under this licence. You* agree not to challenge or dispute those reserved rights.

If you* provide us any feedback about Environment Online, we may use and disclose your* feedback without any obligation to you. We own all rights in anything created as a result of that feedback (including any changes to Environment Online).

Copyright in the Environment Online website and its content provided by the Department are subject to copyright under the laws of Australia and through international treaties. The copyright is owned by the State of Western Australia, through the Department, or in the case of some material, third parties.

Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the provisions of the Copyright Act 1968 (Cth), no part of the information may be reproduced, reused, modified, published or distributed for any purpose whatsoever without written permission of the State of Western Australia.

Applicable law, disputes and interpretation

Laws of WA

These Terms of Use are governed by and interpreted in accordance with the laws of Western Australia, and the courts of Western Australia will have exclusive jurisdiction in respect of any dispute which may arise.

Disputes

Before filing a claim or complaint against the WA Government or the Department, you* agree to attempt to resolve the dispute by first following our Feedback and complaints (www.wa.gov.au) process.

If, following engagement with the Department in accordance with our complaints process, you* remain dissatisfied, you* have the option to refer the matter to the Ombudsman Western Australia.

Disputes between you and any third party provider (including access management service providers, digital identity system providers) must be resolved between you and that party.

Interpretation

In these Terms of Use and in the Privacy Policy:

the Department, we or us means the WA Government acting through the Department of Water and Environmental Regulation;
Environment Online means the Department's Environment Online website (which includes the portal) and all associated software and content accessible through that website;
using Environment Online includes using any of the following: (as applicable) in connection with Environment Online;
- (i) the WA Identity Exchange;
- (ii) access management services (including WARAM and Microsoft Entra ID); and
- (iii) digital identity providers, such as myGovID,
you means the individual who is using Environment Online;
you* means both the individual who is using Environment Online and any person on whose behalf the individual is using Environment Online;
transaction includes making applications or referrals, and disclosing or obtaining information about a person;
notifications includes messages, requests, directions, notices, orders, licences, permits, approvals, invoices, receipts and other documents and information;
person includes an organisation;
organisation includes firms, companies, partnerships, joint ventures, associations and other body corporates, and any of their successors or permitted assigns;
digital identity service means a digital identity service formally approved by the Department for Environment Online – currently only myGovID;
access management service means an authorisation management or access management service formally approved by the Department for Environment Online – currently only WARAM and Microsoft Entra;
IP Rights means all present and future right conferred by statue, common law, or equity or in relation to:
- (iv) copyright, patents, right sin circuit layouts, trade marks, registered and unregistered designs, trade secrets, trade names, know how, symbols, and logos, domain names and any right to have confidential information (being information which is capable of being protect by way of an action form breach of confidence) kept confidential;
- (v) any application or right to apply for registration or renewals or extension of those rights referred to in paragraph (i); and
- (vi) all rights of similar nature to any of the rights in paragraph (i) and (ii) which may subsist in Australia or elsewhere, whether or not such rights are registered or capable or being registered; and
including, for example and similar words do not imply any limit.

If any part of these Terms of Use is illegal, unenforceable or invalid, that part is deemed to be changed as required so that it is no longer illegal, unenforceable or invalid, and the remaining parts of these Terms of Use remain in full effect. Our failure or delay in enforcing these Terms of Use is not a waiver of our right to do so later.

By selecting 'I Agree' below:

you confirm that you are at least 18 years old;
you confirm that, if you are representing someone else, you are properly authorised to represent them;
you* consent to the collection, use, storage and disclosure of personal information as set out above and in the Environment Online Privacy Policy; and
you* agree to these Environment Online Terms of Use.

If you* do not agree, you* can interact with the Department in other ways, including over the counter, by mail and email. Please contact us for more information.