Environmental Protection (Clearing of Native Vegetation) Regulations 2004 00-f0-03 Xml

Western Australia

Environmental Protection Act 1986

Environmental Protection (Clearing of Native Vegetation) Regulations 2004

1.Citation

These regulations may be cited as the Environmental Protection (Clearing of Native Vegetation) Regulations 2004.

2.Commencement

These regulations come into operation on the day on which Part 9 of the Environmental Protection Amendment Act 2003 comes into operation.

3.Terms used in these regulations

In these regulations, unless the contrary intention appears —

“Aboriginal person” means a person who is a descendant of one or more of the Aboriginal peoples of Australia, who claims to be an Aboriginal person and who is accepted as such in the community in which he or she lives;

“alienated land” has the meaning given to that term in section 3(1) of the Land Administration Act 1997;

“bioregion” means a bioregion of Western Australia as defined in “Revision of the Interim Biogeographic Regionalisation of Australia (IBRA) and the Development of Version 5.1 — Summary Report” (2000) published by the Commonwealth Department of the Environment and Heritage, Canberra;

“building” means a roofed building or other roofed structure that is permanently fixed to the ground, and includes a transportable building that is —

(a)connected to a sewerage system or septic tank; or

(b)intended to be used as a permanent building;

“Crown land” has the meaning given to that term in section 3(1) of the Land Administration Act 1997;

“environmentally sensitive area” means an area declared in regulation 6 to be an environmentally sensitive area;

“fence” means a structure, that is permanently fixed to the ground, for controlling movement of persons or animals;

“fire hazard reduction burning” means burning or partial burning of vegetation to reduce the risk of injury or damage to persons and property from an uncontrolled fire in the vegetation;

“fire risk reduction area”, in relation to a building, means a low fuel area designed to minimise the likelihood of flames contacting the building;

“intensive land‑use zone”, for a bioregion or local government district, means the intensive land‑use zone as defined in Shepherd, D.P., Beeston, G.R. and Hopkins, A.J.M. “Native Vegetation in Western Australia. Resource Management Technical Report 249” (2001) published by the Department of Agriculture, Perth;

“limited clearing” means clearing described in section 5(1) item 1, 5, 6, 7, 10, 12, 13 or 19;

“property” means an area of land that is managed as a single property whether or not it is made up of a number of properties held under separate titles;

“riparian vegetation” means the distinctive vegetation associated with a wetland or watercourse;

“utility” means —

(a)AlintaGas Networks Pty. Ltd., ACN 089 531 975;

(b)the Commissioner of Main Roads appointed under the Main Roads Act 1930;

(c)Telstra Corporation Limited, ACN 051 775 556;

(d)the Water Corporation established by section 4 of the Water Corporation Act 1995;

(e)the Electricity Networks Corporation established by section 4(1)(b) of the Electricity Corporations Act 2005;

(ea)the Regional Power Corporation established by section 4(1)(d) of the Electricity Corporations Act 2005; or

(f)the Public Transport Authority established by section 5 of the Public Transport Authority Act 2003;

“watercourse” has the meaning given to that term in Schedule 5 to the Act;

“wetland” has the meaning given to that term in Schedule 5 to the Act.

[Regulation 3 amended in Gazette 31 Mar 2006 p. 1349.]

4.Intentionally sown, planted or propagated vegetation — section 51A

(1)The definition of “native vegetation” in section 51A of the Act includes indigenous aquatic or terrestrial vegetation that was intentionally planted if —

(a)the planting was funded (wholly or partly) —

(i)by a person who was not the owner of the land; and

(ii)for the purpose of biodiversity conservation or land conservation;

(b)one of the following is in effect in relation to the vegetation —

(i)a conservation covenant or agreement to reserve under section 30B of the Soil and Land Conservation Act 1945;

(ii)a covenant to conserve under section 21A of the National Trust of Australia (W.A.) Act 1964;

(iii)a restrictive covenant to conserve under section 129BA of the Transfer of Land Act 1893;

(iv)some other form of binding undertaking to establish and maintain, or maintain, the vegetation.

(2)In this regulation —

“biodiversity conservation” includes conservation of species diversity, genetic diversity or ecosystem diversity;

“land conservation” includes management of salinity, erosion, soil acidity or waterlogging;

“plant” includes to sow and to propagate.

5.Prescribed clearing — section 51C

(1)Clearing is of a kind prescribed for the purposes of section 51C(c) if —

(a)it is described in an item in the Table to this subregulation;

(b)it is by, or with the prior authority of, a person listed in the item in which the clearing is described; and

(c)it is done in such a way as to limit damage to neighbouring native vegetation.

Table

Item	Description of clearing	Person
1	Clearing to construct a building
	Clearing of a site for the lawful construction of a building or other structure on a property, being clearing which does not, together with all other limited clearing on the property in the financial year in which the clearing takes place, exceed 1 ha, if — (a)the clearing is to the extent necessary; and (b)the vegetation is not riparian vegetation.	The owner of the property on which the clearing is to take place.
2	Clearing resulting from accidents or to reduce danger
	Clearing — (a)for the purposes of preventing imminent danger to human life or health or irreversible damage to a significant portion of the environment; or	The owner of the land on which the clearing is to take place.
	(b)as a result of an accident caused otherwise than by the negligence of the person clearing or the person who authorised the clearing.	A person responsible for the safety or welfare of the persons who are likely to be in danger or for the portion of the environment.
3	Clearing for fire hazard reduction
	Clearing that is fire hazard reduction burning if the clearing is — (a)to occur outside the prohibited or restricted burning times declared under the Bush Fires Act 1954 for the zone in which the clearing is to take place;	The owner of the land on which the clearing is to take place.
	(b)done in such a way as to minimise long term damage to the environmental values of the vegetation; and
	(c)done before the earlier of — (i)the expiry of 3 years after Part 9 of the Environmental Protection Amendment Act 2003 comes into operation; or
	(ii)the issuing of a Code of Practice under section 122A of the Act that substantially covers the matters dealt with by this item.
4	Clearing in accordance with a code of practice
	Clearing in accordance with a code of practice issued by the CEO under section 122A of the Act.	A person to whom the code applies.
5	Clearing for firewood
	Clearing to provide firewood for use by the owner or occupier of the property on which the vegetation is located for domestic heating or cooking, being clearing which —	The owner or occupier.
	(a)does not kill any live vegetation and does not prevent regrowth of the vegetation;
	(b)is carried out to provide firewood to the extent to which firewood could not be obtained from vegetation already cleared for another purpose; and
	(c)does not, together with all other limited clearing on the property in the financial year in which the clearing takes place, exceed 1 ha.
6	Clearing to provide fencing and farm materials
	Clearing to provide material for use by the owner or occupier of the property on which the vegetation is located for constructing and maintaining fences, buildings and other structures on land in the possession of the owner or occupier, being clearing which — (a)does not kill any live vegetation and does not prevent regrowth of the vegetation;	The owner or occupier.
	(b)is carried out to provide material to the extent to which the material could not be obtained from vegetation already cleared for another purpose; and
	(c)does not, together with all other limited clearing on the property in the financial year in which the clearing takes place, exceed 1 ha.
7	Clearing for woodwork
	Clearing to provide timber for use by the owner or occupier of the property on which the vegetation is located for non‑commercial woodwork (in the nature of furniture making, wood turning or carving), being clearing which —	The owner or occupier.
	(a)does not kill any live vegetation and does not prevent regrowth of the vegetation;
	(b)is carried out to provide timber to the extent to which the timber could not be obtained from vegetation already cleared for another purpose; and
	(c)does not, together with all other limited clearing on the property in the financial year in which the clearing takes place, exceed 1 ha.
8	Clearing for cultural purposes of Aboriginal persons
	Clearing for the cultural or spiritual, but not commercial, purposes of an Aboriginal person on land to which the person has a cultural or spiritual connection and a right of access.	The Aboriginal person.
9	Clearing by licensed surveyors
	Clearing by — (a)an authorised land officer or surveyor (as defined in the Standard Survey Marks Act 1924) in the exercise of powers under that Act; or	The authorised land officer or licensed surveyor.
	(b)a licensed surveyor (as defined in the Licensed Surveyors Act 1909) in the course of making an authorised survey.
10	Clearing along a fence line – alienated land
	Clearing of alienated land along a fence line of, or within, a property to the width necessary to provide access to construct or maintain a fence, being clearing which does not, together with all other limited clearing carried out on the property in the financial year in which the clearing takes place, exceed 1 ha.	The owner of the property on which the clearing is to take place.
11	Clearing along a fence line — Crown land
	Clearing of Crown land along a fence line to provide access to construct or maintain a fence — (a)between alienated land and Crown land — if the clearing is no more than 1.5 m from the fence line; or	The owner of the land on which the clearing is to take place.
	(b)between Crown land and Crown land — if the clearing is no more than 5 m from the fence line on one side and no more than 1.5 m from the fence line on the other side.
12	Clearing for vehicular tracks
	Clearing to construct a vehicular track on a property, being clearing which does not, together with all other limited clearing carried out on the property in the financial year in which the clearing takes place, exceed 1 ha, if —	The owner of the property on which the clearing is to take place.
	(a)the clearing for the track is no wider than necessary;
	(b)there is at least 100 m between that track and any other cleared land that could be used for the purpose for which the particular track is intended;
	(c)the vegetation is not in a road reserve; and
	(d)the vegetation is not riparian vegetation (unless there is no reasonable alternative route and the track is necessary for the commercial activities carried out on the property).
13	Clearing for walking tracks
	Clearing to construct a walking track on a property, being clearing which does not, together with all other limited clearing carried out on the property in the financial year in which the clearing takes place, exceed 1 ha, if —	The owner of the property on which the clearing is to take place.
	(a)the clearing for the track is no wider than necessary; and
	(b)the track is used by pedestrians or there is a reasonable expectation that it will be used by pedestrians.
	[(c)deleted]
14	Clearing to maintain existing cleared areas for pasture, cultivation or forestry
	Clearing of land that was lawfully cleared within the 10 years prior to the clearing if —	The owner or occupier of the land on which the clearing is to take
	(a)the land has been used as pasture or for cultivation or forestry within those 10 years; and	place.
	(b)the clearing is only to the extent necessary to enable the land to be used to the maximum extent to which it was used in those 10 years.
15	Clearing to maintain existing cleared areas around infrastructure etc.
	Clearing of land that was lawfully cleared within the 10 years prior to the clearing for one of the following purposes — (a)around a building or structure for the use of the building or structure;	The owner or occupier of the land on which the clearing is to take place.
	(b)for a fire risk reduction area for a building;
	(c)to maintain an area along a fence line to provide access to construct or maintain the fence;
	(d)to maintain a vehicular or walking track,
	to the extent of the prior clearing.
	Clearing of land that was previously lawfully cleared for one of the following purposes if the clearing does not exceed the extent specified for the purpose —
	(a)around a building or structure for the use of the building or structure — 20 m from the building or structure;
	(b)for a fire risk reduction area for a building — 20 m from the building;
	(c)to maintain an area along a fence line to provide access to construct or maintain the fence — 5 m from the fence line;
	(d)to maintain a vehicular or walking track — 5 m wide.
16	Clearing under the Rights in Water and Irrigation Act 1914
	Clearing that is the result of carrying out works under a permit or other approval under, or referred to in, section 11, 16, 17 or 21A of the Rights in Water and Irrigation Act 1914.	The person to whom the permit is granted or other approval is given.
17	Clearing under the Country Areas Water Supply Act 1947
	Clearing in accordance with a clearing licence granted under section 12C of the Country Areas Water Supply Act 1947 if —	The person to whom the licence is granted.
	(a)the licence is granted before Part 9 of the Environmental Protection Amendment Act 2003 comes into operation; and
	(b)the clearing takes place within 2 years after Part 9 of the Environmental Protection Amendment Act 2003 comes into operation.
18	Clearing under the Swan River Trust Act 1988
	Clearing — (a)in accordance with an approval under Part 5 of the Swan River Trust Act 1988; or (b)as described in regulation 6(2) of the Swan River Trust Regulations 1989.	In the case of paragraph (a), the person to whom the approval is granted, in the case of paragraph (b), a person.
19	Clearing isolated trees
	Clearing of a tree on a property that is in an otherwise cleared area on the property and that is more than 50 m from any other native vegetation, being clearing which does not, together with all other limited clearing carried out on the property in the financial year in which the clearing takes place, exceed 1 ha.	The owner of the property on which the tree is located.
20	Clearing: low impact or other mineral or petroleum activities
	Clearing that is, or is the result of carrying out, a low impact or other mineral or petroleum activity described in Schedule 1 if the activity is carried out — (a)in accordance with Schedule 1; and (b)in an area of the State other than a non‑permitted area specified in Schedule 1.	The person granted the authority to carry out the activity.
21	Clearing for a temporary bypass road
	Clearing that is the result of the construction of a temporary vehicular track that is necessary to bypass a stretch of road that is impassable due to unforseen damage to part of that stretch of road.	The Commissioner of Main Roads, the Public Transport Authority, the local government, the person or the entity responsible for the stretch of road.
22	Clearing in existing transport corridors
	Clearing in relation to a stretch of road or railway if the clearing is — (a)in an area or for a purpose specified in Schedule 2; (b)to the extent specified for that area or purpose in Schedule 2; (c)in accordance with Schedule 2; and (d)done before the earlier of — (i)the expiry of 2 years after Part 9 of the Environmental Protection Amendment Act 2003 comes into operation; or	The Commissioner of Main Roads, the Public Transport Authority, the local government, the person or the entity responsible for the stretch of road or railway.
	(ii)the issuing of a Code of Practice under section 122A of the Act that substantially covers the matters dealt with by this item and Schedule 2.
23	Clearing resulting from infrastructure maintenance activities
	Clearing that is the result of carrying out an infrastructure maintenance activity described in Schedule 3 if the activity is carried out in accordance with Schedule 3 and within — (a)in the case of an activity referred to in Schedule 3 clause 1(a), (b) or (c) — 12 months after Part 9 of the Environmental Protection Amendment Act 2003 comes into operation; or	The utility or local government responsible for the infrastructure.
	(b)in the case of an activity referred to in Schedule 3 clause 1(d) — 18 months after Part 9 of the Environmental Protection Amendment Act 2003 comes into operation.
24	Clearing under a Petroleum Act
	Clearing that is the result of carrying out exploration under an authority under the Petroleum Act 1967, the Petroleum Pipelines Act 1969 or the Petroleum (Submerged Lands) Act 1982 if the clearing is done before 8 April 2007.	A person covered by the authority to carry out the exploration.
25	Clearing under the Mining Act 1978
	Clearing that is the result of carrying out prospecting or exploration under an authority granted under the Mining Act 1978 if the clearing is done before 8 April 2007.	The person granted the authority to carry out the prospecting or exploration.
26	Clearing in accordance with a notice of intention under the Soil and Land Conservation Regulations 1992
	Clearing that is the result of carrying out an activity —	The person who gave the notice of intention.
	(a)in respect of which notice of intention was given under regulation 5 or 6 of the Soil and Land Conservation Regulations 1992 before Part 9 of the Environmental Protection Amendment Act 2003 comes into operation and at least 90 days before the activity was commenced;
	(b)which is commenced not more than 2 years after the giving of the notice of intention and is completed not more than 2 years after Part 9 of the Environmental Protection Amendment Act 2003 comes into operation;
	(c)which was not referred to the Authority as a proposal under Part IV of the Act, or was so referred and not accepted by the Authority; and
	(d)in respect of which a soil conservation notice, within the meaning of Part V of the Soil and Land Conservation Act 1945, has not been served.

(2)For the purposes of subclause (1) item 8, the cultural or spiritual purposes of an Aboriginal person and the person’s cultural or spiritual connection to particular land is to be determined in accordance with the body of traditions, observances and customs of the particular community or communities to which the Aboriginal person belongs or with which the person identifies.

(3)For the purposes of subclause (1) item 19, the area of a tree is the area covered by the drip line of the tree.

[Regulation 5 amended in Gazette 21 Jan 2005 p. 259; 24 Jun 2005 p. 2755-7; 23 Dec 2005 p. 6268; 6 Jan 2006 p. 31; 31 Mar 2006 p. 1165.]

6.Environmentally sensitive areas

(1)Subject to this regulation, the following areas are declared to be environmentally sensitive areas for the purposes of Part V Division 2 of the Act —

(a)a declared World Heritage property as defined in section 13 of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;

(b)an area that is registered on the Register of the National Estate, because of its natural values, under the Australian Heritage Commission Act 1975 of the Commonwealth;

(c)a defined wetland and the area within 50 m of the wetland;

(d)the area covered by vegetation within 50 m of rare flora, to the extent to which the vegetation is continuous with the vegetation in which the rare flora is located;

(e)the area covered by a threatened ecological community;

(f)a Bush Forever site listed in “Bush Forever” Volumes 1 and 2 (2000), published by the Western Australia Planning Commission, except to the extent to which the site may be cleared under a decision of the Western Australia Planning Commission;

(g)the areas covered by the following policies —

(i)the Environmental Protection (Gnangara Mound Crown Land) Policy 1992;

(ii)the Environmental Protection (Western Swamp Tortoise) Policy 2002;

(h)the areas covered by the lakes to which the Environmental Protection (Swan Coastal Plain Lakes) Policy 1992 applies;

(i)protected wetlands as defined in the Environmental Protection (South West Agricultural Zone Wetlands) Policy 1998;

(j)areas of fringing native vegetation in the policy area as defined in the Environmental Protection (Swan and Canning Rivers) Policy 1998.

(2)An area that would otherwise be an environmentally sensitive area because of subregulation (1) is not an environmentally sensitive area unless —

(a)the declaration, registration, listing, mapping or definition of the area, site or flora has been made public; or

(b)the owner, occupier or person responsible for the care and maintenance of the land has been informed of the declaration, registration, listing, mapping or definition of the area, site or flora.

(3)An area that would otherwise be an environmentally sensitive area because of this regulation is not an environmentally sensitive area to the extent to which the area is within the maintenance area of a stretch of road or railway.

(4)For the purposes of subregulation (1)(d), an area of vegetation is continuous with another area of vegetation if any separation between the areas is less than 5 m at one or more points.

(5)For the purposes of subregulation (1)(f), an area of a Bush Forever site may be cleared under a decision of the Western Australia Planning Commission if —

(a)the Commission has made a decision with respect to the site that, if implemented, would have the effect that the area may be cleared;

(b)that decision is not under assessment under Part IV of the Environmental Protection Act 1986; and

(c)where an assessment under Part IV of the Environmental Protection Act 1986 has been made — the decision may be implemented.

(6)In determining the extent of an environmentally sensitive area in relation to the maintenance area of a stretch of road or railway, the following apply —

(a)for an area that is an environmentally sensitive area on the day on which this regulation comes into operation, the maintenance area of the stretch of road or railway is the maintenance area of the stretch of road or railway on that day;

(b)for an area that becomes an environmentally sensitive area after the day on which this regulation comes into operation, the maintenance area of the stretch of road or railway is the maintenance area of the stretch of road or railway on the day before the day on which the area becomes an environmentally sensitive area.

(7)In this regulation —

“defined wetland” means —

(a)a wetland included in the List of Wetlands of International Importance kept under the Ramsar Convention;

(b)a nationally important wetland as defined in “A Directory of Important Wetlands in Australia” (2001), 3rd edition, published by the Commonwealth Department of the Environment and Heritage, Canberra;

(c)a wetland designated as a conservation category wetland in the geomorphic wetland maps held by, and available from, the Water and Rivers Commission;

(d)a wetland mapped in Pen, L. “A Systematic Overview of Environmental Values of the Wetlands, Rivers and Estuaries of the Busselton‑Walpole Region” (1997), published by the Water and Rivers Commission, Perth; or

(e)a wetland mapped in V & C Semeniuk Research Group “Mapping and Classification of Wetlands from Augusta to Walpole in the South West of Western Australia” (1997), published by the Water and Rivers Commission, Perth;

“ecological community” means a naturally occurring biological assemblage that occurs in a particular type of habitat;

“maintenance area”, of a stretch of road or railway, means any area in the reserve for that stretch of road or railway that can be cleared under regulation 5(1) item 22 (as described in Schedule 2) to the extent to which it has already been cleared (disregarding any regrowth);

“Ramsar Convention” means the Convention on Wetlands of International Importance especially as Waterfowl Habitat done at Ramsar, Iran, on 2 February 1971, as in force for Australia in accordance with the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, and set out in Australian Treaty Series 1975 No. 48;

“rare flora” means flora that is declared to be rare flora under section 23F of the Wildlife Conservation Act 1950;

“threatened ecological community” means an ecological community that —

(a)has been determined by the Minister to be a threatened ecological community; and

(b)is referred to in the list of threatened ecological communities maintained by the chief executive officer of the Department principally assisting in the administration of the Conservation and Land Management Act 1984.

7.Fees

(1)For the purposes of section 51E(1)(c) of the Act the fee for an application for a clearing permit is determined as set out in the Table to this subregulation.

Table

Item	Type of application	Fee
1.	An application for an area permit for an area of less than 1 ha	$50.00
2.	An application for an area permit for an area of between 1 and 10 ha	$100.00
3.	An application for an area permit for an area of more than 10 ha	$200.00
4.	An application for a purpose permit	$200.00

(2)For the purposes of section 51M(1)(b) of the Act the fee for an application to amend a clearing permit or an application to surrender a clearing permit is determined as set out in the Table to this subregulation.

Table

Item	Type of application	Fee
1.	An application to amend an area permit other than to increase the area covered by the permit	$50.00
2.	An application to amend an area permit to increase the area covered by the permit by less than 1 ha	$50.00
3.	An application to amend an area permit to increase the area covered by the permit by between 1 ha and 10 ha	$100.00
4.	An application to amend an area permit to increase the area covered by the permit by more than 10 ha	$200.00
5.	An application to amend a purpose permit	$200.00
6.	An application to surrender a clearing permit	$5.00

(3)For the purposes of section 119(5) of the Environmental Protection Amendment Act 2003 the fee is $5.00.

(4)The CEO may reduce, waive or refund a fee required to be paid under these regulations if the CEO is satisfied that the person otherwise liable to pay the fee is suffering extreme financial hardship.

8.Records to be kept by the CEO — section 51Q

(1)A record of the following particulars is be kept by the CEO for the purposes of section 51Q(1) —

(a)for applications for clearing permits —

(i)the name and address of the applicant;

(ii)whether the application is for an area permit or a purpose permit;

(iii)a description of the land to which the application relates;

(iv)the purpose of the proposed clearing;

(v)in the case of an application for an area permit — the size of the area to be cleared or the number of trees to be cleared;

(vi)the period for which the permit is sought;

(b)for clearing permits —

(i)the name and address of the permit holder;

(ii)whether the permit is an area permit or a purpose permit;

(iii)a description of the land to which the permit relates;

(iv)the purpose of the clearing;

(v)in the case of an area permit — the size of the area to be cleared or the number of trees to be cleared;

(vi)the conditions to which the permit is subject;

(vii)the period during which the permit is in force;

(c)for undertakings given by the CEO under section 51E(9) —

(i)the name and address of the person to whom the undertaking was given;

(ii)whether the undertaking is in relation to an area permit or a purpose permit;

(iii)a description of the land to which the permit that will be granted in accordance with the undertaking relates;

(iv)the purpose of the proposed clearing;

(v)in the case of an undertaking in relation to an area permit — the size of the area to be cleared or the number of trees to be cleared;

(vi)the conditions to which the permit that will be granted in accordance with the undertaking is to be subject;

(vii)the period for which the permit that will be granted in accordance with the undertaking is to be in force;

(d)for notifications received under section 51N(1) of the transfer or passing of the owner’s interest in the land —

(i)the name and address of the person giving the notification;

(ii)when the interest was transferred or passed, or will transfer or pass, to the person giving the notification;

(iii)when the notice was received by the CEO.

(2)The CEO is to publish the following particulars of the record —

(a)for applications for a clearing permit — all of the particulars referred to in subregulation (1)(a), other than the address of the applicant and the period for which the permit is sought; and

(b)for clearing permits that are in force or undertakings given under section 51E(9) — all of the particulars referred to in subregulation (1)(b) or (1)(c), other than the address of the permit holder or the person to whom the undertaking is given.

(3)The CEO is to publish the particulars —

(a)referred to in subregulation (2)(a) — in a newspaper circulating daily in the State or on the Department’s internet website;

(b)referred to in subregulation (2)(b) — in a newspaper circulating daily in the State or on the Department’s internet website.

[Regulation 8 amended in Gazette 24 Jun 2005 p. 2757.]

9.Expiry of certain provisions

Regulation 6 and the definition of “environmentally sensitive area” in regulation 3 cease to have effect, by force of this regulation, on the day on which the first notice published by the Minister under section 51B of the Act comes into operation.

Schedule 1 — Low impact or other mineral or petroleum activities

[r. 5(1) item 20]

[Heading amended in Gazette 24 Jun 2005 p. 2757; 23 Dec 2005 p. 6268.]

1.Terms used in this Schedule

In this Schedule —

“compressed air drilling” means drilling using compressed air (including aircore, rotary air blast, reverse circulation and vacuum drilling) with or without drilling fluids;

“raised‑blade clearing” means clearing where the blade of the equipment used to clear is at least 150 mm above ground level;

“scrape and detect operation” means an operation to scrape material from the earth’s surface, to stockpile it and to screen it (for example, by using screens or a metal detector) for minerals;

“water supply area” means —

(a)a country water area constituted under section 8 of the Country Areas Water Supply Act 1947;

(b)a catchment area or water reserve constituted under section 9 of the Country Areas Water Supply Act 1947;

(c)a catchment area or water reserve constituted under section 13 of the Metropolitan Water Supply, Sewerage, and Drainage Act 1909; or

(d)an Underground Water Pollution Control Area constituted under section 57A of the Metropolitan Water Supply, Sewerage, and Drainage Act 1909.

[Clause 1 amended in Gazette 23 Dec 2005 p. 6268-9.]

2.Low impact mineral and petroleum activities

(1)The following activities are low impact mineral or petroleum activities for the purposes of item 20, to the extent to which they are carried out under an authority granted under the Mining Act 1978, the Petroleum Act 1967, the Petroleum Pipelines Act 1969 or the Petroleum (Submerged Lands) Act 1982 —

(a)activities involving no ground disturbance and little or no vegetation damage;

(b)driving vehicles or other mechanised equipment through vegetation, that is, not along existing tracks;

(c)auger or compressed air drilling if —

(i)the drilling is along lines that are in a grid pattern (the density of which is no greater than 100 m x 100 m) or along lines that, although not in a grid pattern, are at least 100 m apart at their closest point; and

(ii)in respect of compressed air drilling — any drilling fluids used or groundwater released is retained in a sump;

(d)auger or compressed air drilling within a 1 ha area if —

(i)the drilling is necessary to carry out intensive exploration of the area;

(ii)any areas previously cleared under this paragraph have been rehabilitated; and

(iii)in respect of compressed air drilling — any drilling fluids used or groundwater released is retained in a sump;

(e)raised‑blade clearing for temporary tracks (of no more than 4 m in width) for the purposes of drilling described in paragraph (c);

(f)raised‑blade clearing for a temporary access track (of no more than 4 m in width) if there is at least 100 m between that access track and any other access track;

(g)a scrape and detect operation if the total area cleared for the purposes of the operation is less than 2 ha at any one time (excluding any area that has been rehabilitated in accordance with the requirements imposed by or under the relevant Act);

(h)excavation (including costeaning) for the purposes of exploration sampling if —

(i)it is at a rate of less than 20 m3 per ha; and

(ii)each excavation is at least 100 m from any other excavation, at their closest point;

(i)clearing for camp sites and storage areas, and similar incidental purposes, necessary for the activities referred to in any of the other paragraphs of this subclause if the total area cleared for those purposes is less than 2 ha at any one time (excluding any area that has been rehabilitated in accordance with the requirements imposed by or under the relevant Act);

(j)anchoring vessels to the seabed, removing marine growth from offshore pipelines, platforms and other structures and carrying out seabed surveys;

(k)anchoring drill rigs to the seabed, positioning drill rigs and drilling if the activity is not carried out within a sanctuary, recreation or special purpose area of a marine park referred to in section 13B(9) of the Conservation and Land Management Act 1984.

(1a)An activity authorised by a licence granted, after this subclause comes into operation, under section 5C or 26D of the Rights in Water and Irrigation Act 1914 is a low impact mineral or petroleum activity for the purposes of item 20, to the extent to which it is carried out for the purposes of an activity carried out under an authority granted under the Mining Act 1978, the Petroleum Act 1967, the Petroleum Pipelines Act 1969 or the Petroleum (Submerged Lands) Act 1982.

(2)The following activity is a mineral or petroleum activity for the purposes of item 20, to the extent to which it is carried out under an authority granted under the Mining Act 1978, the Petroleum Act 1967, the Petroleum Pipelines Act 1969 or the Petroleum (Submerged Lands) Act 1982 — clearing in an authority area for any purpose, being clearing which does not, together with all other clearing carried out under this subclause in the area in the financial year in which the clearing takes place, exceed 10 ha.

(3)In subclause (2) —

“authority area” means the area in which the holder of one of the following authorities may carry out the activity or activities authorised by that authority —

(a)a mining tenement as defined in the Mining Act 1978;

(b)a permit, drilling reservation, lease, licence, special prospecting authority or access authority, as defined in the Petroleum Act 1967;

(c)a licence as defined in the Petroleum Pipelines Act 1969;

(d)a permit, lease, licence, pipeline licence, special prospecting licence or access authority, as defined in the Petroleum (Submerged Lands) Act 1982, or a consent of the Minister under section 60 of that Act.

[Clause 2 amended in Gazette 24 Jun 2005 p. 2757-8; 23 Dec 2005 p. 6269-70.]

3.How the activity is to be carried out

An activity referred to in clause 2 is to be carried out —

(a)so that it does not result in clearing of riparian vegetation and limits or avoids indirect harm to riparian vegetation;

(b)so that soil erosion and other similar land degradation is limited or avoided; and

(c)so that, to the extent practicable, the quality of surface and subterranean water is not affected.

4.Non-permitted areas

(1)An area of the State is a non‑permitted area if it is within, or described by, one of the following —

(a)one of the following bioregions or part bioregions —

(i)Avon Wheatbelt;

(ii)Esperance;

(iii)Geraldton Sandplains;

(iv)Jarrah Forest;

(v)Mallee;

(vi)Swan Coastal Plain;

(vii)Warren;

(viii)Yalgoo (to the extent of the intensive land‑use zone);

(b)alienated land as defined in section 3(1) of the Land Administration Act 1997;

(c)a townsite as defined in section 3(1) of the Land Administration Act 1997 that is occupied;

(d)a conservation area as defined in Schedule 5 clause 2 to the Act;

(e)Crown land reserved under the Land Administration Act 1997 the care and control of which is placed with the Water and Rivers Commission under that Act or section 32 of the Waterways Conservation Act 1976;

(f)a water supply area;

(g)an area covered by the riparian vegetation of a wetland or watercourse;

(h)the area extending 2 km inland from the high water mark of the coastline of Western Australia;

(i)an environmentally sensitive area;

(j)an area known as a “priority one area” as described in “Wild Rivers of Western Australia” (1999) published by the Water and Rivers Commission, Perth;

(k)an area known as a “Red Book area” as described in —

(i)“Conservation Reserves for Western Australia. Systems 4, 8, 9, 10, 11, 12.” (1975);

(ii)“Conservation Reserves for Western Australia. Systems 1, 2, 3, 5.” (1976);

(iii)“Conservation Reserves for Western Australia. System 7.” (1980); or

(iv)“Conservation Reserves for Western Australia. The Darling System — System 6. Part I: General Principles and Recommendations and Part II: Recommendations for Specific Localities. Report 13.” (1983),

published by the Department of Conservation and Environment, Perth and the “Red Book Status Report. On the implementation of Conservation Reserves for WA as recommended by the Environmental Protection Authority. Report 15” (1993) published by the Environmental Protection Authority, Perth.

(2)For the purposes of subclause (1)(h) —

(a)the coastline follows the shores of bays, inlets and other similar bodies of water that are connected to the sea (disregarding any temporary closure from the sea);

(b)the high water mark is that at ordinary spring tides; and

(c)the high water mark of the coastline extends across the mouth of a river or riverine estuary from the last point on the high water mark of one of the banks of the mouth of the river or estuary at which a line extended at 90° to the bank will reach the opposite bank to the other such point on the opposite bank.

[Clause 4 amended in Gazette 23 Dec 2005 p. 6270.]

Schedule 2 — Clearing in existing transport corridors

[r. 5(1) item 22]

1.Terms used in this Schedule

In this Schedule —

“lateral clearance area”, in relation to a stretch of road or railway, means the area (if any) parallel to and immediately adjacent to the stretch of road or railway that is ordinarily cleared;

“public roadside facility” includes a camping area, rest area, information bay, road train assembly area or parking area;

“transport corridor infrastructure” includes barriers, signs, guideposts, drains, levies, embankments, gutters, bridges, overpasses and other similar structures or works;

“sight line area” means an area between the edge of a stretch of road or railway and a line of sight necessary for the safe use of the stretch of road or railway.

2.Extent of clearing for an area or purpose in relation to a road or railway

For a stretch of road or railway, the area or purpose and the extent of clearing referred to in item 22 are specified in the Table to this clause.

Table

area or purpose	extent of clearing
lateral clearance area	complete clearing to the width and height previously cleared for that stretch of road or railway.
maintenance and protection of transport corridor infrastructure	clearing to the extent necessary to — (a)maintain the efficacy of the infrastructure; (b)protect the infrastructure (for example, from fire); and (c)provide access to the infrastructure to maintain it.
an area that is a public roadside facility	clearing to the extent necessary to maintain (but not extend) the intended use of the area.
sight line area	clearing to the extent previously cleared for that area.

3.How the clearing is to be carried out

Clearing is to be carried out so that any cleared vegetation or debris —

[(a)deleted]

(b)to the extent to which it is not used on the site, is removed from the site within 21 days of the clearing; and

(c)if it is to be removed from the site —

(i)is not placed in a heap or windrow on uncleared vegetation; and

(ii)is left in a heap or windrow (that is secured so that it will not spread) until it is removed.

[Clause 3 amended in Gazette 24 Jun 2005 p. 2758.]

Schedule 3 — Infrastructure maintenance activities

[r. 5 (1) item 23]

1.Infrastructure maintenance activities

(1)The following activities are infrastructure maintenance activities —

(a)maintenance of existing infrastructure;

(b)construction of infrastructure, if the construction commenced before Part 9 of the Environmental Protection Amendment Act 2003 came into operation;

(c)the use of a site used to extract road or railway building materials if that site was used within the 2 years immediately before the day on which Part 9 of the Environmental Protection Amendment Act 2003 came into operation;

(d)road widening or realignment, or construction of a crossover from a road to private property, and the construction or maintenance of sight line areas associated with any of these, if the road existed before Part 9 of the Environmental Protection Amendment Act 2003 came into operation.

(2)In this clause —

“sight line area” means an area between the edge of a stretch of road and a line of sight necessary for the safe use of the stretch of road.

2.How the activity is to be carried out

An activity referred to in clause 1 is to be carried out so that any cleared vegetation or debris —

[(a)deleted]

(b)to the extent to which it is not used on the site, is removed from the site within 21 days of the clearing; and

(c)if it is to be removed from the site —

(i)is not placed in a heap or windrow on uncleared vegetation; and

(ii)is left in a heap or windrow (that is secured so that it will not spread) until it is removed.

[Clause 2 amended in Gazette 24 Jun 2005 p. 2758.]

Notes

1This is a compilation of the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation	Gazettal	Commencement
Environmental Protection (Clearing of Native Vegetation) Regulations 2004	30 Jun 2004 p. 2587-623	8 Jul 2004 (see r. 2 and Gazette 30 Jun 2004 p. 2581)
Environmental Protection (Clearing of Native Vegetation) Amendment Regulations 2005	21 Jan 2005 p. 259	21 Jan 2005
Environmental Protection (Clearing of Native Vegetation) Amendment Regulations (No. 2) 2005	24 Jun 2005 p. 2755-8	24 Jun 2005
Environmental Protection (Clearing of Native Vegetation) Amendment Regulations (No. 3) 2005	23 Dec 2005 p. 6268-70	23 Dec 2005
Environmental Protection (Clearing of Native Vegetation) Regulations 2006	6 Jan 2006 p. 29-31	6 Jan 2006
Environmental Protection (Clearing of Native Vegetation) Amendment Regulations (No. 2) 2006	31 Mar 2006 p. 1164‑5	31 Mar 2006
Electricity Corporations (Consequential Amendments) Regulations 2006 r. 79	31 Mar 2006 p. 1299‑57	1 Apr 2006 (see r. 2)