Environmental Protection Act 1986 - Regulatory context for roadside vegetation clearing
28 September 2023
PowerPoint Presentation Environmental Protection Act 1986 Regulatory context for roadside vegetation clearing WA Local Government Association Workshop – September 2023 Outline • Legislation • Exemptions • Clearing referrals • Clearing permits Legislation The clearing of native vegetation in Western Australia is regulated under the Environmental Protection Act 1986 (EP Act) and the following regula. [...] Authorisation to clear Clearing of native vegetation must be authorised by a clearing permit unless: • the clearing is exempt as prescribed in the Clearing Regulations; • the clearing is exempt as described in Schedule 6 of the EP Act; or • the clearing satisfies all the referral criteria under section 51DA of the EP Act and does not require a permit. [...] Exemptions relating to roadside clearing Exemptions relating to roadside clearing Exemptions relating to bushfire risk mitigation Schedule 6, Clause 10 ‘Clearing under the Bush Fires Act 1954’ • For example, a local government may give notice in writing under section 33 of the BF Act or publish a notice in the Government Gazette (commonly referred to as a fire- break notice) requiring an owner or. [...] • Section 36(b) of the of the BF Act included in the EP Act Amendments – empowers LGAs to clear a street, road or reserve for the purpose of fire prevention or fire control. [...] Decisions on applications Following assessment of an application, the CEO or Delegated Officer shall either: • Grant a clearing permit for all or a part of the clearing applied for (which may be subject to conditions); or • Refuse to grant a clearing permit; or • Refer to EPA.