The Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) has the delegated authority to administrate applications to clear native vegetation for mineral and petroleum activities. This is in accordance with section 20 of the Environmental Protection Act 1986.
A native vegetation clearing permit is required if a proposed mineral or petroleum activity is not eligible for an exemption under the Environmental Protection Act 1986 or Environmental Protection (Clearing of Native Vegetation) Regulations 2004.
These activities are regulated under:
- Mining Act 1978
- Petroleum and Geothermal Energy Resources Act 1967
- Petroleum Pipelines Act 1969
- Petroleum (Submerged Lands) Act 1982
- a government agreement (State Agreement Act) administered by the Department of Jobs, Tourism, Science and Innovation
If land on which clearing is proposed includes any areas which are not covered by either mining tenure or petroleum titles granted under one of the above-mentioned Acts, a State Agreement Act, or by a Crown Lease issued pursuant to a State Agreement Act, the application should be submitted to the Department of Water and Environmental Regulation (DWER) for assessment.
DWER has published a series of guidelines related to native vegetation, including a guideline to the exemptions and regulations for clearing native vegetation.
DWER has introduced a cost recovery model for environmental regulation, including fees for clearing permit applications. The fee model reflects a partial cost-recovery approach that commenced on 1 July 2019. More information about the new fees is available on the Native vegetation clearing permit fees – frequently asked questions page.
Types of clearing permit and other applications
There are two types of clearing permits which can be applied for under the Environmental Protection Act 1986. These are area permits and purpose permits.
Area permits
Under section 51E of the Environmental Protection Act 1986, an area permit can only be applied for by the owner of the land, likely to become the owner, or where an applicant is undertaking clearing on behalf of the owner of the land and has written authority to do so. An area permit provides for clearing of defined areas specified in the permit. Area permits are generally approved for a default period of two years.
A landowner can include person(s) who hold a certificate of title; are a public authority that is responsible for the care of the land; or who is the lessee of crown land.
In relation to mineral and petroleum activities, an area permit is only applicable to native vegetation clearing conducted on General Purpose Leases, Mining Leases, and Crown Leases, which are deemed under section 51A of the Environmental Protection Act 1986 to confer rights of land ownership. For native vegetation clearing on other mineral and petroleum tenure/title, a purpose permit will be required.
Purpose permits
Under section 51E of the Environmental Protection Act 1986, a purpose permit does not have to be applied for by the landowner, however the applicant must have authority under a written law or permission to access the land to conduct the clearing. Purpose permits are for clearing of different areas from time to time for a purpose specified on the permit. Purpose permits are generally approved for a default period of five years.
The clearing assessment process conducted for both area and purpose permits are the same.
To submit a referral
The referral process allows prospective applicants to refer their proposed clearing activity to the department to be determined whether a clearing permit is required.
See Guideline: Native vegetation clearing referral process for more information.
To submit a referral, complete the application for a referral form.
There are no prescribed fees for submitting a referral form.
Types of clearing permits applicable to tenure/titles under the WA Mining Act 1978 and various WA Petroleum Acts
| Mining tenure | Area permits | Purpose permits |
|---|---|---|
| General purpose lease | Applicable | Applicable |
| Mining lease | Applicable | Applicable |
| Prospecting licence | Not available | Applicable |
| Miscellaneous licence | Not available | Applicable |
| Exploration licence | Not available | Applicable |
| Retention licence | Not available | Applicable |
| Petroleum titles | Area permits | Purpose permits |
|---|---|---|
| Access authority | Not available | Applicable |
| Drilling reservation | Not available | Applicable |
| Exploration permit | Not available | Applicable |
| Pipeline licence | Not available | Applicable |
| Production licence | Not available | Applicable |
| Retention lease | Not available | Applicable |
| Special prospecting authority | Not available | Applicable |
To view records for applications and decisions related to clearing matters regulated under Part V of the Environmental Protection Act 1986 you can access the Clearing Permit System (CPS).
You can access and download spatial data for Environmentally Sensitive Areas and Schedule One Areas from Data WA via Clearing Regulations - Environmentally Sensitive Areas (DWER-046) and Clearing Regulations - Schedule One Areas (DWER-057).
