Western Australian Current Acts Western Australian Current Acts [Heading inserted: No. 54 of 2003 s. 104.]
[s. 51C]
1. Clearing that is done in order to give effect
to a requirement to clear under a prescribed enactment.
2. Clearing that is done —
(a) in
the implementation of a proposal in accordance with an implementation
agreement or decision; or
(b) in
the case of a proposal that —
(i)
was made under an assessed scheme; and
(ii)
because of section 48I(2), was not referred to the
Authority,
in the implementation
of the proposal in accordance with a subdivision approval, a development
approval or a planning approval given by the responsible authority; or
(c) in
accordance with —
(i)
a prescribed standard; or
(ii)
a works approval; or
(iii)
a licence; or
(iv)
a requirement contained in a closure notice, an
environmental protection notice or a prevention notice; or
(v)
an approved policy; or
(vi)
a declaration under section 6; or
(vii)
an exemption under section 75; or
(viii)
a licence, permit, approval or exemption granted, issued
or given under the regulations;
or
(d) in
the exercise of any power conferred under this Act.
3. Clearing in the performance of functions that
the CEO, as defined in the Conservation and Land Management Act 1984
section 3, has under section 33(1)(a) or (aa) of that Act.
4. Clearing consisting of the taking of flora
—
(a) as
authorised by a licence under the Biodiversity Conservation Act 2016 ; or
(b) as
authorised by an authorisation under the Biodiversity Conservation Act 2016
section 40; or
(c) by a
person referred to in the Biodiversity Conservation Act 2016 section 171(2)
for the purposes of supply in accordance with a licence under that Act.
[ 5, 6. deleted]
7. Clearing under the Forest Products Act 2000 ,
of vegetation maintained, or established and maintained, under
section 10(1)(g) of that Act.
8. Clearing under a production contract or road
contract entered into and having effect under the Forest Products Act 2000 .
9. Clearing in accordance with a subdivision
approval given by the responsible authority under the
Planning and Development Act 2005 , including —
(a)
clearing for the purposes of any development that is deemed by section 157 of
that Act to have been approved by the responsible authority; and
(b)
clearing in any building envelope described in the approved plan or diagram.
10. Clearing that is done —
(a) as
permitted under section 17(5); or
(b) in
accordance with a permit obtained under section 18; or
(c) in
accordance with an exemption granted under section 22C; or
(d)
under section 22(2), 23, 26A, 39(1)(d) or 44(1)(c); or
(e) as
authorised by a proclamation under section 26; or
(f) to
comply with a notice given under section 33(1); or
(g) as
authorised under section 36(b),
of the Bush Fires Act 1954 .
10A. Clearing that is done by a local government
under the Bush Fires Act 1954 section 33(4) if the person who is given a
notice mentioned in item 10(f) fails to comply with it.
10B. Clearing that is done by the occupier of
land, or an energy operator, under the Energy Operators (Powers) Act 1979
section 54.
11. Clearing that is done under section 34(a), (c)
or (h) of the Fire Brigades Act 1942.
12. Clearing that is done for fire prevention or
control purposes or other fire management works on Crown land, within the
meaning of the Land Administration Act 1997 , by the FES Commissioner as
defined in the Fire and Emergency Services Act 1998 section 3.
13. Clearing caused by the grazing of stock on
land under a pastoral lease or diversification lease within the meaning of the
Land Administration Act 1997 as long as that grazing is not in breach of
—
(a) that
Act; or
(b) the
pastoral lease or diversification lease; or
(c) in
the case of a pastoral lease — any relevant condition set, determination
made or direction given by the Pastoral Lands Board under Part 7 of that Act.
14. Clearing of aquatic vegetation that occurs
under the authority of a licence or permit within the meaning of the
Fish Resources Management Act 1994 .
15. Clearing that is done by the owner or occupier
of land to comply with a notice given under the Local Government Act 1995
section 3.25(1) in respect of something prescribed in Schedule 3.1 Division 1
item 5A, 8 or 9 of that Act.
16. Clearing that is done by a local government
under the Local Government Act 1995 section 3.26 if the person who is given a
notice mentioned in item 15 fails to comply with it.
[Schedule 6 inserted: No. 54 of 2003 s. 116;
amended: No. 38 of 2005 s. 15; No. 25 of 2009 s. 20; No. 22 of 2012 s. 123;
No. 24 of 2016 s. 314(5); No. 40 of 2020 s. 110(1), (3) and (4)-(6); No. 4 of
2023 s. 121.]