Western Australian Current Acts Western Australian Current Acts (1) In this section
—
clearing decision means —
(a) a
decision under section 51DA(3) as to whether or not a clearing permit is
needed for proposed clearing; or
(b) a
decision under section 51E(5) to grant or refuse to grant a clearing permit
for proposed clearing.
(2) For the purposes
of this section, proposed clearing is related to a referred proposal if the
clearing, while not part of the referred proposal, is connected or associated
with it in such a way that the clearing would not need to be done if the
implementation of the referred proposal did not proceed.
(3) Despite subsection
(2), clearing that is proposed so that tests, surveys, investigations or other
work —
(a) can
be done to comply with a requirement made under section 40(2)(a), (aa) or (b);
or
(b) can
be done under section 40(2a),
for the purposes of
assessing a referred proposal is not related to the referred proposal for the
purposes of this section.
(4) While any
decision-making authority is precluded by section 41 from making a decision
that could have the effect of causing or allowing a referred proposal to be
implemented, the CEO must not make a clearing decision concerning proposed
clearing that is related to the referred proposal.
(5) The CEO must not
make a clearing decision concerning proposed clearing that is related to a
referred proposal if the decision is contrary to, or otherwise than in
accordance with, a Ministerial statement.
(6) Subsections (4)
and (5) do not apply if the proposed clearing is for the purpose of doing
minor or preliminary work to which the Authority has consented under
section 41A(3).
(7) If a
decision-making authority makes a decision that has the effect of preventing
the implementation of a proposal to which proposed clearing is related, the
CEO does not have to make a clearing decision concerning the proposed clearing
while the decision-making authority’s decision has effect.
[Section 51F inserted: No. 40 of 2020 s. 46.]