Native Vegetation Clearing Permit Applications
The Environmental Protection Act 1986 (WA), specifies that clearing of native vegetation in Western Australia requires a permit. The clearing provisions of this Act are described in the Environmental Protection Amendment Act 2003 (WA) and the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (WA). Acts and Regulations can be downloaded from the State Law Publisher's website (see Related Links to the right).
As of 1 July 2005, the Department of Industry and Resources has accepted responsibility for the administration, assessment and approval of clearing permit applications relating to mineral and petroleum activities in Western Australia. You can find out more information about the delegation of powers here:
The Department of Environment & Conservation has responsibility for clearing permits relating to all other activities, including agriculture.
Types of Clearing Permits
There are two types of clearing permits which can be applied for. These are the Area Permit, and the Purpose Permit.
In general Area Permits authorise clearing of a particular area specified in the permit, while Purpose Permits authorise clearing of different areas within a larger specified area, from time to time for a purpose specified in the permit.
However, under s.51E of the Environmental Protection Act, 1986; an Area Permit can only be applied for by the owner of the land, and legally therefore, an Area Permit is only applicable to General Purpose Leases and Mining Leases. Hence, it is necessary to apply for a Purpose Permit for any other type of mineral or petroleum land tenure (see document link in the panel to the right of the page), as these tenures and titles do not confer ownership as defined under Section 51A.
The assessment process for Area Permits and Purpose Permits is the same, and a Purpose Permit application may be made for clearing a specific area.
Clearing Permits - Mineral and Petroleum Activities
Do I need a clearing permit?
If native vegetation is to be cleared, in the majority of cases a permit will be required. However, there are circumstances in which a clearing permit is not required (i.e. exemptions). Exemptions include mineral and petroleum exploration activities, and mining activities designated as “low impact” in the regulations below. A clearing permit is required in all instances where the activity is to occur within an Environmentally Sensitive Area (ESA). Applicants should review their application in light of the exemptions outlined in the documents below, which can be downloaded from the State Law Publisher's website):
- Schedule 6 of the Environmental Protection Act 1986 (WA)
- Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (WA)
In order to assist in the preparation of an application, potential applicants are encouraged to contact the Native Vegetation Assessment Branch prior to submitting an application.
Preparing an application
Please note the following points:
- Consult the guidance material that is included on this website (refer to the documents available for downoad in the right panel of this page)
- Contact the Native Vegetation Assessment Branch prior to submission of an application may streamline the assessment process
- Mining Environment Plans (NOI’s) (see Guidelines and Environmental Notes) or Petroleum Environmental Plans are required to be submitted with the clearing permit application. In the case of state agreements, applicants may be required to submit information regarding environmental planning.
Clearing Permit Applications on Pending Tenements
ENVIRONMENTAL PROTECTION ACT 1986 APPLIES
- PENDING MINING TENEMENTS – Prospecting, Exploration, Miscellaneous and Retention Licences, Mining and General Purpose Leases
- PENDING PETROLEUM TITLES – Access Authority and Special Prospecting Authority, Drilling Reservation, Exploration Permit, Pipeline and Production Licences, Retention Lease
The following directive will apply in respect to clearing permit applications lodged with the Department of Industry and Resources (DoIR) on mineral or petroleum tenure of a pending status.
Acceptance, processing, advertising and assessment of clearing permit applications up to the stage of recommendation for permit approval can be considered at the same time as the application for all mining tenements and petroleum titles are being processed .
Written notification of the grant of the mining or petroleum tenure is to be made by the applicant and/or notification from the Mineral Title Services and Petroleum and Royalty Divisions of DoIR to the Program Manager, Native Vegetation Assessment Branch before recommending approval of the clearing permit.
Consistent with Department of Environment and Conservation policy and in order to comply with the future act provisions of the Commonwealth Native Title Act 1993, a clearing permit will only be issued after the grant of the mining tenement or petroleum title.
Applications for clearing of native vegetation on mining and general purpose leases may be for either an area permit or a purpose permit. Area permits are restricted to owners under s.51E of the Environmental Protection Act 1986. An owner of land includes a lessee of land held under a lease lawfully granted by the Crown.
Clearing permit applications in respect of exploration, prospecting, miscellaneous or retention licences under the Mining Act 1978 and all petroleum title applications made under the Petroleum Act 1967, Petroleum Pipelines Act 1969 or Petroleum (Submerged Lands) Act 1982 must be for a purpose permit, as these tenures and titles do not confer ownership as defined under section 51A.
Where the grant of a mining tenement or petroleum title is pending, applications for clearing can be made for an undertaking under section 51E(2)(a). However, the undertaking cannot be granted while the tenement or title is pending as this would affect native title rights.
Information Needed to Assess Clearing Permit Applications
Native Vegetation Forms
The following links are to forms provided on the Department of Environment and Conservation's website:
- Application for a Clearing Permit (Area Permit): Form C1
- Application for a Clearing Permit (Purpose Permit): Form C2
- Credit Card Payment: Form C3
- Application for an amendment to a clearing permit: Form C4
- Notification of change of land ownership: Form C5
- Application to surrender a clearing permit: Form C6
If you encounter problems downloading any of the documents, please contact us for a hard copy.
The Department of Environment and Conservation publish fact sheets which provide useful information in relation to clearing permits and relevant legislation. You can access the fact sheets and spatial data from the links in the right panel of this page.
The latest copy of the Environmental Protection (Clearing of Native Vegetation) Regulations can be accessed at the State Law Publisher's website (see Related Links to the right of this page).
RECENT AMENDMENTS TO THE ENVIRONMENTAL PROTECTION (CLEARING OF NATIVE VEGETATION) REGULATIONS 2004
On the 30 March 2007 amendments to the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 were gazetted.
These amendments allow for the permanent exemption for mineral and petroleum exploration activities under the Mining Act 1978, the Petroleum Act 1967, the Petroleum Pipelines Act 1969 and the Petroleum (Submerged Lands) Act 1982 outside Environmentally Sensitive Areas as defined in Regulation 6 of the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. A copy of the amended regulations can be accessed from the Document Links to the right of this page.
