Stages of assessment for native vegetation clearing permits

Process stages for the application, assessment and management of native vegetation clearing permits.
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We manage Western Australia’s environment and the environmental impacts of the clearing of native vegetation through the provisions of the Environmental Protection Act 1986 (EP Act) and the Environmental Protection (Clearing of Native Vegetation) Regulations 2004.

The following information provides guidance on the processes we undertake to assess applications for clearing permits under Pt V Division 2 of the EP Act, and manage any consequently granted clearing permits. It also provides links to supporting documents that relate to the specific stages of assessment.

For more information, please refer to our Procedure: Native vegetation clearing permits.

Stage 1 - Pre-application

Stage 1: Pre-application begins when the prospective applicant considers whether they require a clearing permit.

This stage helps prospective applicants determine whether they need a clearing permit, and the matters that they will need to address/consider before submitting an application to the department.

Matters that a prospective applicant will need to consider will include:

  • is the proposed clearing exempt?
  • what type of clearing permit would be appropriate (if not exempt)?
  • is the clearing for mineral and petroleum activities (and is therefore regulated by the Department of Mines, Industry Regulation and Safety)?
  • will additional approvals from the department directly associated with the proposed clearing be required (e.g. is the clearing part of a larger project)?
  • will a pre-application scoping meeting be required?
  • will the proposed clearing impact on matters of national environmental significance and, if yes, will the clearing be assessed under the assessment bilateral agreement?
  • will a referral to the Environmental Protection Authority under Pt IV of the EP Act be necessary?
  • is the clearing suitable for the clearing referrals process under Part V of the EP Act (i.e. is it eligible and will the clearing have no more than very low environmental impact only)?

Policies

  • None

Guidelines

Procedures

Stage 2 - Validation

Stage 2: Validation begins when the applicant has submitted a clearing permit application form.

This stage outlines how the department determines whether a clearing permit application is valid and what happens if it is not.

When submitting an application, applicants should ensure that:

  • the correct (and current) application form(s) is used;
  • all information necessary for validation and assessment is included in the application; and
  • the correct application fee is paid.

During validation, the department will consider:

  • whether the application needs to be referred to the Environmental Protection Authority under Pt IV of the EP Act (if not previously referred in Stage 1)
  • whether the applied-for clearing is exempt
  • if the clearing permit application is valid
  • how the application will be published (including requests for withholding confidential information).
  • which assessment pathway is appropriate for the application..

Note: Applicants should be prepared to respond to any department requests for inadequate or missing information.

Policies

  • None

Guidelines

Procedures

Stage 3 - Assessment

Stage 3: Assessment begins when the department: a) notifies the applicant that their application has been accepted b) advertises the application for public comment.

This stage outlines how the department undertakes the assessment of an application and when the applicant may be contacted for further information and input in the process.

When assessing the application, the department will:

  • determine if further information is required from the applicant
  • consider any submissions received from third parties during the public comment period
  • assess the application based on the best information available
  • determine what conditions are appropriate to attach to the clearing permit (when proposing to grant the application)
  • determine if the applicant needs to be consulted on the proposed decision and, if so, send them the proposed/draft decision for comment
  • finalise its decision (and, if applicable, issue a clearing permit)
  • publish its decision.

Note: applicants should be prepared to respond to any department requests for inadequate or missing information.

Policies

Guidelines

Procedures

Stage 4 - Decision review

Stage 4: Decision review begins when the department issues and advertises its decision on an application.

This stage outlines the appeals process through which the department’s decisions may be challenged by those who disagree with the assessment outcomes.

Appeals against clearing permit decisions are lodged with the Office of the Appeals Convenor and determined by the Minister for Environment.

Where an appeal is successful, the department will implement the Minister’s determination as applicable.

Policies

  • None

Guidelines

  • None

Procedures

Stage 5 - Instrument management

Stage 5: Instrument management begins when a clearing permit is granted, and continues for the entire duration of the clearing permit (including while any relevant appeals are pending).

This stage outlines the role of the department and the clearing permit holder in managing an active clearing permit – including overviews of the processes relating to applications to amend, surrender, or transfer a clearing permit.

Clearing permit holders must comply with the conditions attached to their clearing permit. Contravention of these conditions is an offence under the EP Act.

Clearing permit holders may also apply to:

  • amend their clearing permit; and/or
  • surrender their clearing permit.

New landowners may also notify the department that they wish to have an existing clearing permit attached to the newly acquired property transferred into their name.

The department will:

  • undertake compliance inspections
  • where necessary, undertake appropriate enforcement actions against identified breaches of clearing permit conditions or offences under the EP Act itself.

The department may also initiate proposals to amend a clearing permit.

Policies

Guidelines

Procedures

Publications

Related page

Native vegetation clearing permits

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