Western Australian Current Acts Western Australian Current Acts (1) This section
applies to clearing unless —
(a) it
is on land the subject of an agreement to reserve; or
(b) it
is on land the subject of a conservation covenant; or
(c) it
is on land the subject of an environmental protection covenant.
(2) A person who
proposes to do clearing to which this section applies (the referrer ) may
refer the proposed clearing to the CEO in the form and in the manner approved
by the CEO.
(3) The CEO must
consider proposed clearing referred under subsection (2) and decide whether or
not the referrer should be required to obtain a clearing permit for the
proposed clearing.
(4) In making a
decision under subsection (3) the CEO must have regard to —
(a)
whether the area proposed to be cleared (the area ) is small relative to the
total remaining vegetation —
(i)
within the region in which the area is situated; or
(ii)
of the ecological community of which the vegetation
proposed to be cleared forms part;
and
(b)
whether there are any known or likely significant environmental values within
the area; and
(c)
whether the state of scientific knowledge about vegetation within the region
in which the area is situated is adequate; and
(d)
whether the issues that would arise as a result of the proposed clearing are
likely to require conditions to manage or mitigate effects on the environment.
(5) The CEO must give
the referrer notice in writing of a decision made by the CEO under subsection
(3).
(6) If the CEO
considers that the proposed clearing would contravene a soil conservation
notice, no decision is to be made under subsection (3) and the CEO must give
the referrer notice in writing that the proposed clearing cannot be done.
(7) The CEO must
publish —
(a) the
referral of proposed clearing under subsection (2); and
(b) the
notice given under subsection (5) or (6).
(8) The referrer may,
in writing, request the CEO to treat the referral of proposed clearing under
subsection (2) as an application for a clearing permit under section 51E(1) if
the referrer —
(a)
receives notice under subsection (5) that the CEO has decided that the
referrer should be required to obtain a clearing permit for the proposed
clearing; or
(b) does
not receive any notice under subsection (5) or (6) within the period of 21
days after referring the proposed clearing.
(9) If a request is
made under subsection (8), the referral may be dealt with under section 51E as
an application that complies with section 51E(1) and (2) if —
(a) the
referral was made in the form and manner mentioned in subsection (2); and
(b) the
referral met the requirements set out in section 51E(1)(b) and (d) and (2);
and
(c) the
request is accompanied by the fee referred to in section 51E(1)(c).
[Section 51DA inserted: No. 40 of 2020 s. 44.]