Native vegetation clearing permit

Legislation: Environmental Protection Act 1986 (WA)
Last updated:

If you propose to clear native vegetation and you are not eligible for an exemption under the Environmental Protection Act 1986 or Environmental Protection (Clearing of Native Vegetation) Regulations 2004, then you must obtain a native vegetation clearing permit.

Overview

Delegation has been granted under Section 20 of the Environmental Protection Act 1986 to authorise the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) to administer the clearing provisions for mining and petroleum activities regulated under:

  • the Mining Act 1978
  • the Petroleum and Geothermal Energy Resources Act 1967
  • the Petroleum Pipelines Act 1969
  • the Petroleum (Submerged Lands) Act 1982
  • a government agreement (State Agreement Act) administered by the Department of Jobs, Tourism, Science and Innovation.

You can find more information about the native vegetation clearing permit process here.

You must submit your clearing application to the Department of Water and Environmental Regulation (DWER) if the land on which clearing is proposed has any areas NOT covered by:

  • either mineral or petroleum tenure granted under one of the above-mentioned Acts
  • a State Agreement Act
  • a crown lease issued pursuant to a State Agreement Act.

You can find an overview of DWER’s clearing assessment process on the DWER one-stop-shop .

Timeline

DEMIRS has a target of completing 80% of assessments within 60 business days.

If your application is referred to the Environmental Protection Authority under Part IV of the Environmental Protection Act 1986 or if DEMIRS asks you for more information, your application will be placed on hold. You can track the status of your application through the online Clearing Permit System.

All targets are subject to the sufficient information being supplied on lodgement to assess the application.

Before you apply

DEMIRS recommends that you meet with an officer from its Resource and Environmental Compliance Division before you lodge your application.

Stages of application

Prepare

What to consider before applying for a clearing permit.

Two types of clearing permits are available to applicants under the Environmental Protection Act 1986. These are an area permit and a purpose permit.

Area permit
Under section 51E of the Environmental Protection Act 1986, you can apply for an area permit if you are:

  • the owner of the land (or a certificate of title holder, a public authority responsible for care of the land or a lessee of crown land)
  • likely to become the owner of the land
  • undertaking clearing on behalf of the owner of the land, with written authority to do so.

An area permit allows clearing of the areas specified in the permit. Area permits are generally approved for a default period of two years.

For mineral and petroleum activities, an area permit only applies to native vegetation clearing on general purpose leases, mining leases and crown leases where section 51A of the Environmental Protection Act 1986 confers rights of land ownership. For native vegetation clearing on other mineral and petroleum tenure, you will need a purpose permit.

Purpose permit
Purpose permits are for clearing of different areas from time to time for a purpose specified in the permit.

Under section 51E of the Environmental Protection Act 1986, you can apply for a purpose permit if you are:

  • not the owner of the land which will be cleared but have authority under a written law or permission to access the land to conduct the clearing.

Purpose permits are generally approved for a default period of five years.

Lodge and validate

How to lodge an application for validation.

When lodging your application you need to ensure it includes:

  • a completed application form
  • a letter of authority, if a person is signing the application on behalf of a company or incorporated body (section 51E of the Environmental Protection Act 1986)
  • a letter from the tenement holder authorising you to apply for a clearing permit on their tenement (if the clearing is to be done on a tenement other than your own)
  • a scaled map of the proposed clearing area (see mapping information required)
  • a description of the proposed activities.

You will also need to pay the prescribed fees.

Under section 51E(3) of the Environmental Protection Act 1986, DMIRS may decline to process your application if it is incomplete.

When DEMIRS accepts your application, it will organise a public advertisement to invite submissions and send direct interest letters to relevant parties. In accordance with section 51E of the Environmental Protection Act 1986, DMIRS will invite any public authority with a direct interest in the clearing permit application to comment within a specified period.

Website links
Apply for clearing permit on the DEMIRS website for more information. 

Assessment

How your application is assessed.

The assessment process for area permits and purpose permits is the same.

DEMIRS will first allocate your application to an environmental officer for assessment. The officer may need to do the following:

You may be asked for further information or to clarify some content. If so, the officer will write to the designated contact on the application. These requests are a ‘stop-the-clock' event. 

  1. Request further information
    You may be asked for further information or to clarify some content. If so, the officer will write to the designated contact on the application. These requests are a ‘stop-the-clock' event.  
     
  2. Make referrals and requests for advice to other agencies

The officer may need to do this when:

  • they require expert information to inform their assessment
  • there is trigger that invokes a memorandum of understanding (MOU) or administrative agreement (AA) with another agency (see the relevant MOUs and AAs on the DMIRS website)

The officer will apply ‘stop the clock’ where appropriate.

PLANNING FOR APPROVALS
Parallel processing can help reduce a proposal’s overall approval timeline. DEMIRS and DWER are committed to parallel processing of environmental applications where multiple approvals are required.

Website links

Appeals

How the outcome of your application may be challenged.

Appeals processes exist under section 101A of the Environmental Protection Act 1986. This includes the ability for applicants to appeal refusal of a clearing permit, the decision not to grant all of the clearing applied for or conditions imposed on their permit. Third parties can also appeal decisions on a clearing permit.

 

Decision

How to manage an active clearing permit.

DEMIRS will notify you about its decision in writing.

If approved, your letter will include any conditions you must adhere to. 

If your application is refused, your letter will state the reasons for the decision. 
 

Post decision

What do you need to be aware of post decision.

Once granted, a clearing permit is available for the public to view. Third parties may also appeal against the issue of a clearing permit. Clearing must not commence until the date stated on the permit or until notified on the outcome of any appeal.

In addition, clearing must not commence until other relevant environmental approvals have been obtained. Compliance with the terms, conditions or restrictions of a clearing permit does not absolve the Permit Holder from responsibility for compliance with the requirements of all other Commonwealth and State legislation. 
 

Mining environmental approvals