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 proposals for an environmental impact 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 proposals for environmental impact assessments 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 Complaints 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 the Environment Online website 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 those applying to your digital identity service (currently myGovID) and the Western Australia Relationship Authorisation Manager (WARAM). You must comply with all of those other terms.

Changes to 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.

For some functions (such as referring proposals or submitting related information), you* will need to log in using a digital identity with a minimum identity strength of Standard. Currently, the only accepted digital identity for Environment Online is myGovID, provided by the Commonwealth of Australia. For more information on what is required to set up your digital identity using myGovID visit the myGovID website.

In addition, if you are accessing Environment Online 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 the WA Relationship Authorisation Manager. 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 person, visit the WARAM website.

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 for myGovID and WARAM, and with 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.

Using an Environment Online account

You must not share your Environment Online login details with anyone else

Once you have an account with Environment Online, you must not let anyone else use your account, and you must not use anyone else's account.

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

if you think your account is no longer secure, if you think someone else has accessed your Environment Online account or if you receive a notification addressed to another person. If you think your password is no longer secure, you should change your myGovID password immediately on your myGovID app.

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.

Authorising others to access Environment Online for you*

Delegate using Relationships Authorisation Manager

You* can authorise others to access Environment Online on your* behalf using the WA Government's Relationships Authorisation Manager (WARAM) (organisations can use this method to authorise employees, contractors and consultants to act on their behalf).

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 WARAM and Environment Online's permissions manager.

WA Government not liable

The WA Government takes no responsibility or liability for:

any authorisation or appointment that is not current;
the disclosure of information to any unauthorised or unappointed person; or
any unauthorised or unappointed person carrying out a transaction (including applying for an environmental impact assessment).

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 carry out that transaction on their behalf, (meaning they have authorised you, and not withdrawn 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 the WARAM – and that your authorisation in WARAM 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* agree, to the extent reasonably practicable and appropriate, to promptly update the material to maintain its completeness and accuracy;
the material is not defamatory 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 corporation;
the material does not, and the Department’s use of the material will not, infringe the rights (including intellectual property rights) of any person; and
the material does not infringe any laws.

By uploading, entering or submitting that material to Environment Online, you* agree to grant (or procure for) the Department a perpetual, non-exclusive and payment-free licence throughout the world to (and to sublicense others to) reproduce, use and exploit all rights (including intellectual property rights) in that material to the full extent permitted by law, in any jurisdiction in which Environment Online is available, for:

all purposes contemplated by these Terms of Use; and
any reasonably related secondary purposes.

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.

Commonwealth 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 Commonwealth's Department of Agriculture, Water and the Environment (DAWE).

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

Payments for Environmental impact assessments

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

Information on fees (including amounts, payment terms and refunds) in respect of services provided under Part IV of the Environmental Protection Act 1986 under the Environmental Protection (Cost Recovery) Regulations 2021 is available in the Policy: Implementing the Environmental Protection (Cost Recovery) Regulations 2021.

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 and myGovID – you must make sure this information is accurate, complete and up-to-date;
providing the right information when using Environment Online and WARAM;
not pretending to be another person;
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;
decompiling: do not (nor 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 they use;
framing: do not (nor attempt to) frame or mirror any part of Environment Online, or delete any attributions or legal or proprietary notices on Environment Online; and
monitoring 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 service.

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 they use;
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;
not harm others: do not use Environment Online in a way that violates anyone else's rights (including intellectual property 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.

Privacy and electronic communications

Privacy

By using Environment Online, you* agree to the collection, use, storage and disclosure of your* 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.

Electronic messages

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; and
that any such notifications satisfy all legal requirements for written communication.

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.

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.

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 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, this information occurs (whether through Environment Online or otherwise), the WA Government is not liable for any loss or damage, directly or indirectly, suffered by any person.

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 – for example, changes in circumstances after publication may impact its currency and relevance.

No warranties

Environment Online is provided 'as is' and 'as available'. Except as required by law, the WA Government does not make any claims (and hereby disclaim any warranties) relating to:

quality, performance or fitness for any particular purpose of Environment Online;
accuracy, reliability or quiet enjoyment of Environment Online;
non-infringement of third party rights (including intellectual property 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. But the law may have warranties 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, which is 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 Department is not responsible for the operation of those technologies and services, or for making sure they are error-free.

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 myGovID or any other digital identity system; 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 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 damage to any technology;
loss of profits or income, loss of opportunity;
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 of the possibility of such loss or cost.

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 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 against any loss or damage to any person arising from any breach of these Terms of Use, from the provision of any material using Environment Online, and from 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 to Environment Online.

Intellectual property 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 intellectual property 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 referrals for environment impact assessments.

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).

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, you* agree to attempt to resolve the dispute by first following our Complaints 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.

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 and all associated software and content accessible through that website
using Environment Online includes using the WA Identity Exchange (including the WARAM) in connection with Environment Online;
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 organisations;
organisation includes firms, companies, partnerships, joint ventures, associations and other body corporates, and any of their successors or permitted assigns; 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.