Native vegetation clearing permit lodgement – Mineral resources

Clearing of native vegetation is prohibited in Western Australia except where a clearing permit has been granted, or an exemption applies. A person who causes or allows unauthorised clearing commits an offence.

The following information should be included with your clearing permit application for validation and assessment. To apply for a native vegetation clearing permit, please complete the appropriate application form, save, and upload in the departmental submissions portal below.

Pre-application consultation with the Department of Energy, Mines, Industry Regulation and Safety's (DEMIRS) Resource and Environmental Compliance Division is recommended prior to lodging your application.

For further information regarding the submission and assessment process for native vegetation clearing permits please refer to Stages of assessment for native vegetation clearing permits.

Information on how to apply for a clearing permit

At minimum, a valid clearing permit application consists of:

• the correct (and current) application form(s) signed by an authorised person
  • note: the application form will need to be downloaded and saved, so it can be attached to the submissions page
• the prescribed fee - fees are payable for purpose permits, area permits, amendment clearing permits, and surrender applications which are paid through our submissions page
• an ESRI shapefile of the proposed clearing area boundary (see Mapping and spatial data below for further information)
• a scaled map of the area proposed to clear (see Mapping and spatial data below for further information)

The application may also require one or more of the following:

• if applicable, a letter of authority is required if a person is signing the application on behalf of a company or incorporated body (section 51E of Environmental Protection Act 1986). Please download from the submission page
• you may also be required to supply additional information such as ASIC company searches, company details, subsidiary structures, and any relevant information in regard to the applicant, signatory and/or the tenement/title holder
• if applicable, a letter of authorisation from the tenement/title holder granting you permission to apply on their behalf for a clearing permit to conduct clearing on their tenement/title (if the clearing is to be done on a tenement/title other than your own)

Mapping and spatial data

The preferred DEMIRS format is digital spatial data with the following properties:

If you are unable to provide an ESRI shapefile, please contact DEMIRS to discuss other options that may be available to you.

Note: not providing a shapefile may delay the processing of your application.

Purpose permits

The supplied shapefile should contain a polygon(s) that represents the outer extent of the area(s) of the proposed clearing area. If indicative locations of clearing within this outer extent can be determined, they should be provided in a separate map, but not as a shapefile.

Area permits

The supplied polygon shapefile should contain only the extent of the area(s) to be cleared.

Maps

An aerial photograph OR scaled map of the area proposed to clear, clearly identifying all tenement or title boundaries and site features. All maps must include a scale bar, north arrow, coordinate system, and legend representing all features shown on the map.

Assessment information

DEMIRS is required to assess applications for clearing permits against the 10 clearing principles, as defined in Schedule 5 of the Environmental Protection Act 1986. The clearing principles broadly relate to the impacts on biodiversity, land degradation, and ground and surface water quality as a result of clearing native vegetation.

The level of information required is determined by the complexity of the application, in conjunction with the risk to the environment associated with the proposed clearing.

Factors that influence the significance, complexity, and time taken to assess an application include:

• the size of the area proposed to be cleared
• the location of the area proposed to be cleared
• the sensitivity of the environment and the environmental values that occur within or adjacent to the area proposed to be cleared
• the techniques used to clear
• the purpose of the application that is intended such as exploration, mining, development, and infrastructure

To reduce assessment timeframes, it is recommended that detailed information is submitted with every clearing permit application, whether it is a new application or amendment application.

Supporting information for the assessment of clearing permit applications

It is recommended that a supporting document is compiled for new and amendment clearing permit applications to provide an understanding of the nature, context, and location of the proposed clearing or amendment being sought.

Project description

• what the proposed clearing is for, including a description of the main physical elements, infrastructure, and/or activities
• details on the application area (boundary) and proposed clearing footprint (how many hectares are being applied to clear)
• local and regional context of the project, including maps of the regional location and proposed development

Existing environment and baseline environmental data

The assessment against several of the 10 clearing principles relies on information of the existing environment and regional studies for comparative purposes. It is strongly recommended that all terrestrial biodiversity surveys and other baseline environmental studies undertaken within the area applied to clear and the surrounding areas are provided with your application.

It is recommended that current and comprehensive biodiversity surveys and baseline environmental studies are conducted to support your application to clear native vegetation. The types of surveys and studies should include, but are not limited to:

• flora and vegetation surveys
• terrestrial fauna, subterranean fauna, and/or short-range endemics surveys
• introduced species (flora and/or fauna) monitoring
• soil and landscape studies
• hydrogeology and hydrology, surface water, and/or groundwater studies

All biodiversity surveys should be conducted at the appropriate time of the year and in line with the relevant EPA guidance documents, available from the EPA website.

In the supporting document, please include the following information:

• describe the existing environment in which the proposed clearing is located, including any natural (biological/physical) values and sensitivities that may be impacted by the proposed clearing
• the descriptions should include, but are not limited to, details on climate, landscape, soils, biodiversity (flora, fauna, ecological communities), and hydrology
• summarise the findings of any environmental surveys and studies, and provide reasoning, interpretation, and analyses
• for amendment applications, if no additional surveys or studies have been undertaken, please review the results of previous surveys and studies to identify and update changes to species names, conservation statuses, and newly listed threatened and priority flora, fauna, and ecological communities that may occur
• provide copies of any correspondence with the Department of Biodiversity Conservation and Attractions (DBCA) or other government agencies regarding the area proposed to be cleared
• include all relevant technical reports and data gathered during field assessments as separate appendices when submitting your application

Mitigation hierarchy

It is a requirement that you provide evidence that avoidance and mitigation options have been pursued. If you do not demonstrate adequate efforts to avoid and mitigate clearing, DEMIRS will ask you to do so during the validation of your application. Offsets will only be considered by DEMIRS as a last resort, once avoidance and minimisation measures have been clearly demonstrated. Please address the following:

• avoidance: describe how you have planned the project to avoid the need for clearing native vegetation and highlight any modifications to the project design, alternative site selections, or measures implemented to prevent clearing
• minimisation: detail the steps taken to minimise the extent and impact of clearing where avoidance is not possible, include information on how you have limited the area to be cleared, used less damaging methods, and protected sensitive areas
• rehabilitation/revegetation: outline your plans to rehabilitate the cleared areas to its original state or improve its ecological value, describe actions such as replanting native species, rehabilitating degraded areas, and implementing soil and water conservation measures
• offsets: provide information on how you will compensate for the significant residual impacts that cannot be avoided, minimised, or rehabilitated, and discuss your plans to protect or enhance other areas of native vegetation to offset the loss

Environmental impacts and management

In your supporting document, please include the following information:

• identify and describe all potential environmental impacts and risks associated with the proposed clearing, including direct, indirect, and cumulative impacts
• include a risk assessment for each potential impact and state the likelihood and consequence as a result of the proposed clearing
• describe how the potential impacts will be managed, including any activities, controls, performance targets, monitoring or inspection programmes, and/or potential corrective actions

Index of biodiversity surveys for assessments (IBSA)

Data associated with land-based biodiversity survey reports submitted to DEMIRS under the EP Act are required to be submitted to IBSA. Information submitted to IBSA includes reports and datasets from flora and vegetation, terrestrial fauna, subterranean fauna, and/or terrestrial aquatic biodiversity surveys. This includes surveys conducted for assessment and post-assessment processes for native vegetation clearing permits.

An IBSA data package consists of:

• the survey report
• a metadata and licensing statement, completed online
• spatially referenced data derived from the survey

IBSA data packages must be submitted via IBSA Submissions

• to assist proponents in preparing IBSA data packages, instructions and templates are available on the Environmental Protection Authority’s website.
• for further information about IBSA and IBSA submissions visit the DWER website.
• additional information, as appropriate (see Assessment Information above).

Please provide the IBSA number(s) (or submission number(s) if IBSA number(s) have not yet been issued. A submission number is not confirmation of acceptance of a biodiversity survey and is not the same as an IBSA number. IBSA numbers are only issued once a survey has been accepted. Once an IBSA number is issued, please notify DEMIRS (as applicable).

Note: the assessment timeframes for your application will be suspended until the IBSA number(s) is provided to DEMIRS (as applicable).

Clearing permit application forms

• Application for a clearing permit (area permit)
• Application for a new permit or referral form
• Application to amend an existing permit
• Notification of change of land ownership
• Application to surrender a clearing permit
• Assessment bilateral agreement

The native vegetation clearing permit processes under Part V of the Environmental Protection Act 1986 (EP Act) have been accredited by the Commonwealth under the Environment Protection and Biodiversity Conservation Act 1999 and can be assessed under an assessment bilateral agreement.

Download Authorisation Templates - Letter of Authority

Clearing permit application fees

The clearing application fees are indicated in the table below.

Clearing permit fee calculator tool

The application fees are based on the type of clearing permit, the area applied to be cleared and its location (extensive or intensive land-use zone) identified in this map. 

Fees for new area or purpose permit applications

Fees for amendment and surrender applications

Lodge and pay for your application through the submissions portal

Lodge a new Area or Purpose Permit Application

Lodge an Amendment Purpose Permit Application

Lodge an Amendment Area Permit Application

Lodge a permit Surrender Application

Lodge a C5 Change of Land Ownership or C7 Bilateral Agreement

Lodge a Referral Application