{"id":"environmental-protection-clearing-of-native-vegetation-regulations-2004","name":"Environmental Protection (Clearing of Native Vegetation) Regulations 2004","slug":"environmental-protection-clearing-of-native-vegetation-regulations-2004","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176581,"registerId":"wa-environmental-protection-clearing-of-native-vegetation-regulations-2004-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environmental Protection (Clearing of Native Vegetation) Regulations 2004","content":"![Crest]()Western Australia\n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Clearing of Native Vegetation) Regulations 2004\n\nWestern Australia\n\nEnvironmental Protection (Clearing of Native Vegetation) Regulations 2004\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\nPart 2 — General matters\n\n4. Intentionally sown, planted or propagated vegetation (s. 51A) 4\n\n5. Prescribed clearing (s. 51C) 5\n\n7. Fees 19\n\n8. Public records of particulars to be kept by CEO (s. 51Q(a)) 22\n\n8A. Public records of other information and documents to be kept by CEO (s. 51Q(b)) 25\n\n9. Expiry of certain provisions 25\n\nPart 3 — Publication and confidentiality\n\n10. Terms used 26\n\n11. CEO may keep documentation confidential on request 26\n\n12. CEO must keep certain matters confidential 27\n\n13. CEO may keep certain matters confidential 27\n\nSchedule 1 — Low impact or other mineral or petroleum activities\n\n1. Terms used 30\n\n2. Low impact mineral and petroleum activities 30\n\n3. How the activity is to be carried out 32\n\n4. Non‑permitted areas 32\n\nSchedule 2 — Clearing for maintenance in existing transport corridors\n\n1. Terms used 35\n\n2. Extent of clearing for an area or purpose in relation to a road or railway 35\n\n3. How the clearing is to be carried out 37\n\nSchedule 3 — Infrastructure maintenance activities\n\n1. Infrastructure maintenance activities 38\n\n2. How the activity is to be carried out 38\n\nNotes\n\nCompilation table 39\n\nOther notes 40\n\nDefined terms\n\n \n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Clearing of Native Vegetation) Regulations 2004\n\n## Part 1 — Preliminary\n\n[Heading inserted: SL 2021/178 r. 4.]\n\n##### 1. Citation\n\nThese regulations may be cited as the *Environmental Protection (Clearing of Native Vegetation) Regulations 2004*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which Part 9 of the *Environmental Protection Amendment Act 2003* comes into operation.\n\n##### 3. Terms used\n\nIn these regulations, unless the contrary intention appears —\n\n Aboriginal person means a person who is a descendant of one or more of the Aboriginal peoples of Australia, who claims to be an Aboriginal person and who is accepted as such in the community in which he or she lives;\n\n alienated land has the meaning given to that term in section 3(1) of the *Land Administration Act 1997*;\n\n bioregion means a bioregion of Western Australia as defined in “Revision of the Interim Biogeographic Regionalisation of Australia (IBRA) and the Development of Version 5.1 — Summary Report” (2000) published by the Commonwealth Department of the Environment and Heritage, Canberra;\n\n building means a roofed building or other roofed structure that is permanently fixed to the ground, and includes a transportable building that is —\n\n(a) connected to a sewerage system or septic tank; or\n\n(b) intended to be used as a permanent building;\n\n Crown land has the meaning given to that term in section 3(1) of the *Land Administration Act 1997*;\n\n environmentally sensitive area means an area declared in regulation 6 to be an environmentally sensitive area;\n\n fence means a structure, that is permanently fixed to the ground, for controlling movement of persons or animals;\n\n fire hazard reduction burning means burning or partial burning of vegetation to reduce the risk of injury or damage to persons and property from an uncontrolled fire in the vegetation;\n\n fire risk reduction area, in relation to a building, means a low fuel area designed to minimise the likelihood of flames contacting the building;\n\nintensive land-use zone means the intensive land-use zone as defined in Shepherd, D.P., Beeston, G.R. and Hopkins, A.J.M. “Native Vegetation in Western Australia. Resource Management Technical Report 249” (2001) published by the Department of Agriculture, Perth;\n\n limited clearing means clearing described in regulation 5(1) item 1, 5, 6, 7, 10, 12, 13 or 19;\n\n property means an area of land that is managed as a single property whether or not it is made up of a number of properties held under separate titles;\n\n riparian vegetation means the distinctive vegetation associated with a wetland or watercourse;\n\n sight line area means an area between the edge of a stretch of road or railway and a line of sight necessary for the safe use of the stretch of road or railway;\n\n utility means —\n\n(a) AlintaGas Networks Pty. Ltd., ACN 089 531 975;\n\n(b) the Commissioner of Main Roads appointed under the *Main Roads Act 1930*;\n\n(c) Telstra Corporation Limited, ACN 051 775 556;\n\n(d) the Water Corporation established by section 4 of the *Water Corporation Act 1995*;\n\n(e) the Electricity Networks Corporation established by section 4(1)(b) of the *Electricity Corporations Act 2005*;\n\n(ea) the Regional Power Corporation established by section 4(1)(d) of the *Electricity Corporations Act 2005*; or\n\n(f) the Public Transport Authority established by section 5 of the *Public Transport Authority Act 2003*;\n\n watercourse has the meaning given to that term in Schedule 5 to the Act;\n\n wetland has the meaning given to that term in Schedule 5 to the Act.\n\n[Regulation 3 amended: Gazette 31 Mar 2006 p. 1349; 7 Jul 2006 p. 2499; 3 May 2019 p. 1307.]\n\n## Part 2 — General matters\n\n[Heading inserted: SL 2021/178 r. 5.]\n\n##### 4. Intentionally sown, planted or propagated vegetation (s. 51A)\n\n(1) The definition of ***native vegetation*** in section 51A of the Act includes indigenous aquatic or terrestrial vegetation that was intentionally planted if *—*\n\n(a) the planting was funded (wholly or partly) —\n\n(i) by a person who was not the owner of the land; and\n\n(ii) for the purpose of biodiversity conservation or land conservation;\n\nor\n\n(b) one of the following is in effect in relation to the vegetation —\n\n(i) a conservation covenant or agreement to reserve under section 30B of the *Soil and Land Conservation Act 1945*;\n\n(ii) a covenant to conserve under section 21A of the *National Trust of Australia (W.A.) Act 1964*;\n\n(iii) a restrictive covenant to conserve under section 129BA of the *Transfer of Land Act 1893*;\n\n(iv) some other form of binding undertaking to establish and maintain, or maintain, the vegetation.\n\n(2) In this regulation —\n\n biodiversity conservation includes conservation of species diversity, genetic diversity or ecosystem diversity;\n\n land conservation includes management of salinity, erosion, soil acidity or waterlogging;\n\n plant includes to sow and to propagate.\n\n##### 5. Prescribed clearing (s. 51C)\n\n(1) Clearing is of a kind prescribed for the purposes of section 51C(c) if —\n\n(a) it is described in an item in the Table to this subregulation;\n\n(b) it is by, or with the prior authority of, a person listed in the item in which the clearing is described; and\n\n(c) it is done in such a way as to limit damage to neighbouring native vegetation.\n\nTable\n\n| **Item** | **Description of clearing** | **Person** |\n| --- | --- | --- |\n| 1 | **Clearing to construct a building** | |\n| | Clearing of a site for the lawful construction of a building or other structure on a property, being clearing which does not, together with all other limited clearing on the property in the financial year in which the clearing takes place, exceed 5 ha, if —
(a) the clearing is to the extent necessary; and
(b) the vegetation is not riparian vegetation. | The owner of the property on which the clearing is to take place. |\n| 2 | **Clearing resulting from accidents or to reduce danger** | |\n| | Clearing —
(a) for the purposes of preventing imminent danger to human life or health or irreversible damage to a significant portion of the environment; or
(b) as a result of an accident caused otherwise than by the negligence of the person clearing or the person who authorised the clearing. | The owner of the land on which the clearing is to take place.
A person responsible for the safety or welfare of the persons who are likely to be in danger or for the portion of the environment. |\n| 3 | **Clearing for fire hazard reduction** | |\n| | Clearing that is fire hazard reduction burning if the clearing is —
(a) to occur outside the prohibited or restricted burning times declared under the *Bush Fires Act 1954* for the zone in which the clearing is to take place; and | The owner of the land on which the clearing is to take place. |\n| | (b) done in such a way as to minimise long term damage to the environmental values of the vegetation. | |\n| 4 | **Clearing in accordance with a code of practice** | |\n| | Clearing in accordance with a code of practice issued by the CEO under section 122A of the Act. | A person to whom the code applies. |\n| 5 | **Clearing for firewood** | |\n| | Clearing to provide firewood for use by the owner or occupier of the property on which the vegetation is located for domestic heating or cooking, being clearing which — | The owner or occupier. |\n| | (a) does not kill any live vegetation and does not prevent regrowth of the vegetation; | |\n| | (b) is carried out to provide firewood to the extent to which firewood could not be obtained from vegetation already cleared for another purpose; and | |\n| | (c) does not, together with all other limited clearing on the property in the financial year in which the clearing takes place, exceed 5 ha. | |\n| 6 | **Clearing to provide fencing and farm materials** | |\n| | Clearing to provide material for use by the owner or occupier of the property on which the vegetation is located for constructing and maintaining fences, buildings and other structures on land in the possession of the owner or occupier, being clearing which —
(a) does not kill any live vegetation and does not prevent regrowth of the vegetation; | The owner or occupier. |\n| | (b) is carried out to provide material to the extent to which the material could not be obtained from vegetation already cleared for another purpose; and | |\n| | (c) does not, together with all other limited clearing on the property in the financial year in which the clearing takes place, exceed 5 ha. | |\n| 7 | **Clearing for woodwork** | |\n| | Clearing to provide timber for use by the owner or occupier of the property on which the vegetation is located for non‑commercial woodwork (in the nature of furniture making, wood turning or carving), being clearing which — | The owner or occupier. |\n| | (a) does not kill any live vegetation and does not prevent regrowth of the vegetation; | |\n| | (b) is carried out to provide timber to the extent to which the timber could not be obtained from vegetation already cleared for another purpose; and | |\n| | (c) does not, together with all other limited clearing on the property in the financial year in which the clearing takes place, exceed 5 ha. | |\n| 8 | **Clearing for cultural purposes of Aboriginal persons** | |\n| | Clearing for the cultural or spiritual, but not commercial, purposes of an Aboriginal person on land to which the person has a cultural or spiritual connection and a right of access. | The Aboriginal person. |\n| 9 | **Clearing by licensed surveyors** | |\n| | Clearing by —
(a) an authorised land officer or surveyor (as defined in the *Standard Survey Marks Act 1924*) in the exercise of powers under that Act; or | The authorised land officer or licensed surveyor. |\n| | (b) a licensed surveyor (as defined in the *Licensed Surveyors Act 1909*) in the course of making an authorised survey. | |\n| 10 | **Clearing along a fence line – alienated land** | |\n| | Clearing of alienated land along a fence line of, or within, a property to the width necessary to provide access to construct or maintain a fence, being clearing which does not, together with all other limited clearing carried out on the property in the financial year in which the clearing takes place, exceed 5 ha. | The owner of the property on which the clearing is to take place. |\n| 11 | **Clearing along a fence line — Crown land** | |\n| | Clearing of Crown land along a fence line to provide access to construct or maintain a fence —
(a) between alienated land and Crown land — if the clearing is no more than 1.5 m from the fence line; or | The owner of the land on which the clearing is to take place. |\n| | (b) between Crown land and Crown land — if the clearing is no more than 5 m from the fence line on one side and no more than 1.5 m from the fence line on the other side. | |\n| 12 | **Clearing for vehicular tracks** | |\n| | Clearing to construct a vehicular track on a property, being clearing which does not, together with all other limited clearing carried out on the property in the financial year in which the clearing takes place, exceed 5 ha, if — | The owner of the property on which the clearing is to take place. |\n| | (a) the clearing for the track is no wider than necessary; | |\n| | (b) there is at least 100 m between that track and any other cleared land that could be used for the purpose for which the particular track is intended; | |\n| | (c) the vegetation is not in a road reserve; and | |\n| | (d) the vegetation is not riparian vegetation (unless there is no reasonable alternative route and the track is necessary for the commercial activities carried out on the property). | |\n| 13 | **Clearing for walking tracks** | |\n| | Clearing to construct a walking track on a property, being clearing which does not, together with all other limited clearing carried out on the property in the financial year in which the clearing takes place, exceed 5 ha, if — | The owner of the property on which the clearing is to take place. |\n| | (a) the clearing for the track is no wider than necessary; and | |\n| | (b) the track is used by pedestrians or there is a reasonable expectation that it will be used by pedestrians. | |\n| 14 | **Clearing to maintain existing cleared areas for pasture, cultivation or forestry** | |\n| | Clearing of land that was lawfully cleared within the 20 years prior to the clearing if —
(a) the land has been used as pasture or for cultivation or forestry within those 20 years; and | The owner or occupier of the land on which the clearing is to take place. |\n| | (b) the clearing is only to the extent necessary to enable the land to be used to the maximum extent to which it was used in those 20 years. | |\n| 15 | **Clearing to maintain existing cleared areas around infrastructure etc.** | |\n| | Clearing of land that was lawfully cleared within the 10 years prior to the clearing for one of the following purposes —
(a) around a building or structure for the use of the building or structure; | The owner or occupier of the land on which the clearing is to take place. |\n| | (b) for a fire risk reduction area for a building; | |\n| | (c) to maintain an area along a fence line to provide access to construct or maintain the fence; | |\n| | (d) to maintain a vehicular or walking track, | |\n| | to the extent of the prior clearing. | |\n| | Clearing of land that was previously lawfully cleared for one of the following purposes if the clearing does not exceed the extent specified for the purpose — | |\n| | (a) around a building or structure for the use of the building or structure — 20 m from the building or structure; | |\n| | (b) for a fire risk reduction area for a building — 20 m from the building; | |\n| | (c) to maintain an area along a fence line to provide access to construct or maintain the fence — 5 m from the fence line; | |\n| | (d) to maintain a vehicular or walking track — 5 m wide. | |\n| 16 | **Clearing under the *Rights in Water and Irrigation Act 1914*** | |\n| | Clearing that is the result of carrying out works under a permit or other approval under, or referred to in, section 11, 16, 17 or 21A of the *Rights in Water and Irrigation Act 1914*. | The person to whom the permit is granted or other approval is given. |\n| 17 | **Clearing under the *Country Areas Water Supply Act 1947*** | |\n| | Clearing in accordance with a clearing licence granted under section 12C of the *Country Areas Water Supply Act 1947* if — | The person to whom the licence is granted. |\n| | (a) the licence is granted before Part 9 of the *Environmental Protection Amendment Act 2003* comes into operation; and | |\n| | (b) the clearing takes place within 2 years after Part 9 of the *Environmental Protection Amendment Act 2003* comes into operation. | |\n| 18 | **Clearing under the *Swan River Trust Act 1988*** 1 | |\n| | Clearing —
(a) in accordance with an approval under Part 5 of the *Swan River Trust Act 1988* 1; or
(b) as described in regulation 6(2) of the *Swan River Trust Regulations 1989* 1. | In the case of paragraph (a), the person to whom the approval is granted, in the case of paragraph (b), a person. |\n| 19 | **Clearing isolated trees** | |\n| | Clearing of a tree on a property that is in an otherwise cleared area on the property and that is more than 50 m from any other native vegetation, being clearing which does not, together with all other limited clearing carried out on the property in the financial year in which the clearing takes place, exceed 5 ha. | The owner of the property on which the tree is located. |\n| 20 | **Clearing: low impact or other mineral or petroleum activities** | |\n| | Clearing that is, or is the result of carrying out, a low impact or other mineral or petroleum activity described in Schedule 1 if the activity is carried out —
(a) in accordance with Schedule 1; and | The person granted the authority to carry out the activity. |\n| | (b) in an area of the State other than a non‑permitted area specified in Schedule 1. | |\n| 21 | **Clearing for a temporary bypass road** | |\n| | Clearing that is the result of the construction of a temporary vehicular track that is necessary to bypass a stretch of road (whether public or private) that is impassable due to unforseen damage to part of that stretch of road. | The Commissioner of Main Roads, the Public Transport Authority, the local government, the person or the entity responsible for the stretch of road. |\n| 21A | **Clearing for a crossover** | |\n| | Clearing that is the result of constructing a crossover from a road to a property adjacent to the road, and any associated sight line areas, if the construction is within the scope of the authority to construct the crossover. | The person with the authority to construct the crossover. |\n| 22 | **Clearing for maintenance** **in existing transport corridors** | |\n| | Clearing in relation to a stretch of road (whether public or private) or railway if the clearing is carried out —
(a) in an area or for a purpose specified in Schedule 2; and
(b) to the extent specified for that area or purpose in Schedule 2; and
(c) in accordance with Schedule 2. | The Commissioner of Main Roads, the Public Transport Authority, the local government, the person or the entity responsible for the stretch of road or railway. |\n| 23 | **Clearing resulting from infrastructure maintenance activities** | |\n| | Clearing that is the result of carrying out an infrastructure maintenance activity described in Schedule 3 if the activity is carried out in accordance with Schedule 3 and within —
(a) in the case of an activity referred to in Schedule 3 clause 1(a), (b) or (c) — 12 months after Part 9 of the *Environmental Protection Amendment Act 2003* comes into operation; or | The utility or local government responsible for the infrastructure. |\n| | (b) in the case of an activity referred to in Schedule 3 clause 1(d) — 18 months after Part 9 of the *Environmental Protection Amendment Act 2003* comes into operation. | |\n| 24 | **Clearing under a Petroleum Act** | |\n| | Clearing that is the result of carrying out exploration under an authority under the *Petroleum and Geothermal Energy Resources Act 1967* 2, the *Petroleum Pipelines Act 1969* or the *Petroleum (Submerged Lands) Act 1982*. | A person covered by the authority to carry out the exploration. |\n| 25 | **Clearing under the *Mining Act 1978*** | |\n| | Clearing that is the result of carrying out prospecting or exploration under an authority granted under the *Mining Act 1978*. | The person granted the authority to carry out the prospecting or exploration. |\n| 26 | **Clearing in accordance with a notice of intention under the *Soil and Land Conservation Regulations 1992*** | |\n| | Clearing that is the result of carrying out an activity — | The person who gave the notice of intention. |\n| | (a) in respect of which notice of intention was given under regulation 5 or 6 of the *Soil and Land Conservation Regulations 1992* before Part 9 of the *Environmental Protection Amendment Act 2003* comes into operation and at least 90 days before the activity was commenced; | |\n| | (b) which is commenced not more than 2 years after the giving of the notice of intention and is completed not more than 2 years after Part 9 of the *Environmental Protection Amendment Act 2003* comes into operation; | |\n| | (c) which was not referred to the Authority as a proposal under Part IV of the Act, or was so referred and not accepted by the Authority; and | |\n| | (d) in respect of which a soil conservation notice, within the meaning of Part V of the *Soil and Land Conservation Act 1945*, has not been served. | |\n\n\n(2) For the purposes of subclause (1) item 8, the cultural or spiritual purposes of an Aboriginal person and the person’s cultural or spiritual connection to particular land is to be determined in accordance with the body of traditions, observances and customs of the particular community or communities to which the Aboriginal person belongs or with which the person identifies.\n\n(3) For the purposes of subclause (1) item 19, the area of a tree is the area covered by the drip line of the tree.\n\n[Regulation 5 amended: Gazette 21 Jan 2005 p. 259; 24 Jun 2005 p. 2755‑7; 23 Dec 2005 p. 6268; 6 Jan 2006 p. 31; 31 Mar 2006 p. 1165; 7 Jul 2006 p. 2500; 30 Mar 2007 p. 1457; 22 Jun 2007 p. 2845; 10 Jun 2008 p. 2486; 3 Dec 2013 p. 5623‑4.]\n\n[**6.** Expired at the end of 8 Apr 2005 by operation of the Environmental Protection Amendment Act 2003 s. 110(4)(b).]\n\n##### 7. Fees\n\n(1) In this regulation —\n\napplication area, in relation to an application for an area permit or a purpose permit, means the area that is proposed to be cleared in the application.\n\n(1A) For the purposes of section 51E(1)(c) of the Act, the fee for an application for an area permit is determined as set out in the Table, with —\n\n(a) column A showing the fee for an application where any part of the application area falls within the intensive land-use zone; and\n\n(b) column B showing the fee for any other application.\n\nTable\n\n| **Item** | **Application area** | **Column A**
**Fee** | **Column B**
**Fee** |\n| --- | --- | --- | --- |\n| 1. | Not more than 1 ha | $400 | $400 |\n| 2. | More than 1 ha but not more than 5 ha | $600 | $600 |\n| 3. | More than 5 ha but not more than 10 ha | $1 500 | $750 |\n| 4. | More than 10 ha but not more than 50 ha | $2 000 | $1 000 |\n| 5. | More than 50 ha but not more than 100 ha | $3 000 | $1 500 |\n| 6. | More than 100 ha but not more than 500 ha | $4 000 | $2 000 |\n| 7. | More than 500 ha but not more than 1000 ha | $5 000 | $2 500 |\n| 8. | More than 1000 ha | $10 000 | $5 000 |\n\n\n(1B) For the purposes of section 51E(1)(c) of the Act, the fee for an application for a purpose permit is the sum of —\n\n(a) $2 000; and\n\n(b) the variable component, determined as set out in the Table, with —\n\n(i) column A showing the variable component for an application where any part of the application area falls within the intensive land-use zone; and\n\n(ii) column B showing the variable component for any other application.\n\nTable\n\n| **Item** | **Application area** | **Column A**
**Variable component** | **Column B**
**Variable component** |\n| --- | --- | --- | --- |\n| 1. | Not more than 1 ha | $400 | $400 |\n| 2. | More than 1 ha but not more than 5 ha | $600 | $600 |\n| 3. | More than 5 ha but not more than 10 ha | $1 500 | $750 |\n| 4. | More than 10 ha but not more than 50 ha | $2 000 | $1 000 |\n| 5. | More than 50 ha but not more than 100 ha | $3 000 | $1 500 |\n| 6. | More than 100 ha but not more than 500 ha | $4 000 | $2 000 |\n| 7. | More than 500 ha but not more than 1000 ha | $5 000 | $2 500 |\n| 8. | More than 1000 ha | $10 000 | $5 000 |\n\n\n(2) For the purposes of section 51M(1)(b) of the Act the fee for an application to amend a clearing permit or an application to surrender a clearing permit is determined as set out in the Table to this subregulation.\n\nTable\n\n| **Item** | **Type of application** | **Fee** |\n| --- | --- | --- |\n| 1. | An application to amend an area permit other than to increase the area covered by the permit | $50.00 |\n| 2. | An application to amend an area permit to increase the area covered by the permit by less than 1 ha | $50.00 |\n| 3. | An application to amend an area permit to increase the area covered by the permit by between 1 ha and 10 ha | $100.00 |\n| 4. | An application to amend an area permit to increase the area covered by the permit by more than 10 ha | $200.00 |\n| 5. | An application to amend a purpose permit | $200.00 |\n| 6. | An application to surrender a clearing permit | $5.00 |\n\n\n(3) For the purposes of section 119(5) of the *Environmental Protection Amendment Act 2003* the fee is $5.00.\n\n(4) The CEO may reduce, waive or refund, in whole or part, a fee referred to in these regulations.\n\n[Regulation 7 amended: 3 May 2019 p. 1308‑9.]\n\n##### 8. Public records of particulars to be kept by CEO (s. 51Q(a))\n\n(1) For the purposes of section 51Q(a) of the Act, the particulars are set out in subregulations (2) to (8).\n\n(2) The particulars of applications for clearing permits under section 51E(1) of the Act are as follows —\n\n(a) the name of the applicant;\n\n(b) whether the application is for an area permit or a purpose permit;\n\n(c) a description of the land to which the application relates;\n\n(d) the purpose of the proposed clearing;\n\n(e) in the case of an application for an area permit — the size of the area to be cleared or the number of trees to be cleared;\n\n(f) the period for which the permit is sought.\n\n(3) The particulars of applications for amendments of clearing permits under section 51K(2)(a) of the Act are as follows —\n\n(a) the name of the applicant;\n\n(b) whether the application is for the amendment of an area permit or a purpose permit;\n\n(c) in the case of an application for amendment of an area permit — any change in the size of the area to be cleared or the number of trees to be cleared;\n\n(d) in the case of an application to amend the period during which the permit is in force — the period for which the permit is sought.\n\n(4) The particulars of clearing permits that are in force are as follows —\n\n(a) the name of the permit holder;\n\n(b) whether the permit is an area permit or a purpose permit;\n\n(c) a description of the land to which the permit relates;\n\n(d) the purpose of the clearing;\n\n(e) in the case of an area permit — the size of the area to be cleared or the number of trees to be cleared;\n\n(f) the conditions to which the permit is subject;\n\n(g) the period during which the permit is in force.\n\n(5) The particulars of undertakings given by the CEO under section 51E(9) of the Act are as follows —\n\n(a) the name of the person to whom the undertaking is given;\n\n(b) a description of the land to which the permit that will be granted in accordance with the undertaking relates;\n\n(c) the purpose of the proposed clearing;\n\n(d) the size of the area to be cleared or the number of trees to be cleared under the permit that will be granted in accordance with the undertaking;\n\n(e) the conditions to which the permit that will be granted in accordance with the undertaking is to be subject;\n\n(f) the period for which the permit that will be granted in accordance with the undertaking is to be in force.\n\n(6) The particulars of notifications received under section 51N(1) of the Act of the transfer or passing of the owner’s interest in the land are as follows —\n\n(a) the name of the person giving the notification;\n\n(b) the date on which the interest was transferred or passed, or will transfer or pass, to the person giving the notification;\n\n(c) the date on which the notice was received by the CEO.\n\n(7) The particulars of the surrender of clearing permits accepted by the CEO under section 51MA(7)(a) of the Act are as follows —\n\n(a) the name of the person who applied to surrender the permit;\n\n(b) the identification number of the permit;\n\n(c) the date on which the CEO accepted the surrender.\n\n(8) The particulars of clearing permits revoked or suspended by the CEO under section 51L(1) of the Act are as follows —\n\n(a) the name of the permit holder at the time of the revocation or suspension;\n\n(b) the identification number of the permit;\n\n(c) the grounds for the revocation or suspension;\n\n(d) the date on which the permit was revoked or suspended.\n\n[Regulation 8 inserted: SL 2021/178 r. 6.]\n\n##### 8A. Public records of other information and documents to be kept by CEO (s. 51Q(b))\n\nFor the purposes of section 51Q(b) of the Act, the CEO must keep a public record of information and documents given to the CEO in response to a written notice given by the CEO under section 51E(1A), 51KA(2) or 51MA(3) of the Act.\n\n[Regulation 8A inserted: SL 2021/178 r. 6.]\n\n##### 9. Expiry of certain provisions\n\nRegulation 6 and the definition of ***environmentally sensitive area*** in regulation 3 cease to have effect, by force of this regulation, on the day on which the first notice published by the Minister under section 51B of the Act comes into operation.\n\n## Part 3 — Publication and confidentiality\n\n[Heading inserted: SL 2021/178 r. 7.]\n\n##### 10. Terms used\n\nIn this Part each of the following terms has the meaning given in section 122B(1) of the Act —\n\ndocumentation\n\npublish\n\nsubmit\n\n[Regulation 10 inserted: SL 2021/178 r. 7.]\n\n##### 11. CEO may keep documentation confidential on request\n\n(1) In this regulation —\n\nclearing referral means a referral of proposed clearing under section 51DA(2) of the Act;\n\nconfidential material means either of the following —\n\n(a) trade secrets of a person;\n\n(b) confidential information (other than trade secrets) that has a commercial value to a person that would be, or could reasonably be expected to be, destroyed or diminished if the confidential information were published.\n\n(2) A person may, when submitting documentation to the CEO in relation to a clearing referral or a clearing permit, request in writing that the CEO not publish the whole or part of the documentation (the relevant documentation) because of the confidential nature of the relevant documentation.\n\n(3) If a request is made under subregulation (2) by electronic communication (as defined in the *Electronic Transactions Act 2011* section 5(1)), the CEO must acknowledge receipt of the request in writing.\n\n(4) On receipt of a request under subregulation (2) and, if subregulation (3) applies, after the CEO has acknowledged receipt of the request the CEO —\n\n(a) must, if satisfied that the whole or part of the relevant documentation contains confidential material, refrain from publishing that whole or part; and\n\n(b) may refrain from publishing the whole or part of the relevant documentation if the CEO —\n\n(i) is not satisfied of the matters referred to in paragraph (a); but\n\n(ii) is satisfied that it is desirable to refrain from publishing that whole or part because of the confidential nature of that whole or part.\n\n[Regulation 11 inserted: SL 2021/178 r. 7.]\n\n##### 12. CEO must keep certain matters confidential\n\n(1) The CEO must refrain from publishing any BSB number or bank account number contained in documentation submitted to the CEO in relation to a clearing referral (as defined in regulation 11(1)) or a clearing permit.\n\n(2) Subregulation (1) applies whether or not a request has been made under regulation 11(2).\n\n[Regulation 12 inserted: SL 2021/178 r. 7.]\n\n##### 13. CEO may keep certain matters confidential\n\n(1) In this regulation —\n\nAboriginal site has the meaning given in the *Aboriginal Heritage Act 1972* section 4;\n\nnative species has the meaning given in the *Biodiversity Conservation Act 2016* section 5(1);\n\npriority list means either of the following —\n\n(a) the document titled “Threatened and Priority Flora List”, as retitled or amended from time to time, published by the department principally assisting in the administration of the *Biodiversity Conservation Act 2016* (the department) on its website;\n\n(b) the document titled “Threatened and Priority Fauna List”, as retitled or amended from time to time, published by the department on its website;\n\nspecies has the meaning given in the *Biodiversity Conservation Act 2016* section 5(1);\n\nthreatened species has the meaning given in the *Biodiversity Conservation Act 2016* section 5(1).\n\n(2) The CEO may at any time refrain from publishing any of the following information if it is confidential (whether or not a request has been made under regulation 11(2)) —\n\n(a) personal information;\n\n(b) the precise location of any of the following —\n\n(i) a threatened species;\n\n(ii) any other species listed, designated or declared as threatened, endangered or vulnerable under or for the purposes of a written law;\n\n(iii) a listed threatened species as defined in the Commonwealth Environment Act section 528;\n\n(iv) a species listed on a priority list;\n\n(v) a breeding area of a species referred to in subparagraphs (i) to (iv);\n\n(c) the precise location of a population of a native species, or a breeding area of a native species, if the CEO considers that the survival of a population of the native species could be threatened by —\n\n(i) publishing that information; or\n\n(ii) the presence or actions of persons if that information were published;\n\n(d) the precise location of an Aboriginal site, if the precise location of that site is identified in documentation provided to the CEO in relation to a clearing referral (as defined in regulation 11(1)) or a clearing permit.\n\n[Regulation 13 inserted: SL 2021/178 r. 7; amended: SL 2023/50 r. 7; SL 2023/170 r. 7.]\n\nSchedule 1 — Low impact or other mineral or petroleum activities\n\n[r. 5(1) item 20]\n\n[Heading amended: Gazette 24 Jun 2005 p. 2757; 23 Dec 2005 p. 6268.]\n\n1. Terms used\n\nIn this Schedule —\n\n scrape and detect operation means an operation to scrape material from the earth’s surface, to stockpile it and to screen it (for example, by using screens or a metal detector) for minerals;\n\n water supply area means —\n\n[(a) deleted]\n\n(b) a catchment area or water reserve constituted under section 9 of the *Country Areas Water Supply Act 1947*;\n\n(c) a catchment area or water reserve constituted under section 13 of the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909*; or\n\n(d) an Underground Water Pollution Control Area constituted under section 57A of the *Metropolitan Water Supply, Sewerage, and Drainage Act 1909*.\n\n[Clause 1 amended: Gazette 23 Dec 2005 p. 6269; 30 Mar 2007 p. 1458; 14 Nov 2013 p. 5037.]\n\n2. Low impact mineral and petroleum activities\n\n(1) The following activities are low impact mineral or petroleum activities for the purposes of item 20, to the extent to which they are carried out under an authority granted under the *Mining Act 1978*, the *Petroleum and Geothermal Energy Resources Act 1967* 2, the *Petroleum Pipelines Act 1969* or the *Petroleum (Submerged Lands) Act 1982* —\n\n(a) activities involving no ground disturbance and little or no vegetation damage;\n\n(b) driving vehicles or other mechanised equipment through vegetation, that is, not along existing tracks;\n\n[(c)-(e) deleted]\n\n(f) raised‑blade clearing for a temporary access track (of no more than 4 m in width) if there is at least 100 m between that access track and any other access track;\n\n(g) a scrape and detect operation if the total area cleared for the purposes of the operation is less than 2 ha at any one time (excluding any area that has been rehabilitated in accordance with the requirements imposed by or under the relevant Act);\n\n[(h) deleted]\n\n(i) clearing for camp sites and storage areas, and similar incidental purposes, necessary for the activities referred to in any of the other paragraphs of this subclause if the total area cleared for those purposes is less than 2 ha at any one time (excluding any area that has been rehabilitated in accordance with the requirements imposed by or under the relevant Act);\n\n(j) anchoring vessels to the seabed, removing marine growth from offshore pipelines, platforms and other structures and carrying out seabed surveys;\n\n(k) anchoring drill rigs to the seabed, positioning drill rigs and drilling if the activity is not carried out within a sanctuary, recreation or special purpose area of a marine park referred to in section 13B(9) of the *Conservation and Land Management Act 1984*.\n\n(1a) An activity authorised by a licence granted, after this subclause comes into operation, under section 5C or 26D of the *Rights in Water and Irrigation Act 1914* is a low impact mineral or petroleum activity for the purposes of item 20, to the extent to which it is carried out for the purposes of an activity carried out under an authority granted under the *Mining Act 1978*, the *Petroleum and Geothermal Energy Resources Act 1967* 2, the *Petroleum Pipelines Act 1969* or the *Petroleum (Submerged Lands) Act 1982*.\n\n(2) The following activity is a mineral or petroleum activity for the purposes of item 20, to the extent to which it is carried out under an authority granted under the *Mining Act 1978*, the *Petroleum and Geothermal Energy Resources Act 1967* 2, the *Petroleum Pipelines Act 1969* or the *Petroleum (Submerged Lands) Act 1982* — clearing in an authority area for any purpose, being clearing which does not, together with all other clearing carried out under this subclause in the area in the financial year in which the clearing takes place, exceed 10 ha.\n\n(3) In subclause (2) —\n\nauthority area means the area in which the holder of one of the following authorities may carry out the activity or activities authorised by that authority —\n\n(a) a mining tenement as defined in the *Mining Act 1978*;\n\n(b) a permit, drilling reservation, lease, licence, special prospecting authority or access authority, as defined in the *Petroleum and Geothermal Energy Resources Act 1967* 2;\n\n(c) a licence as defined in the *Petroleum Pipelines Act 1969*;\n\n(d) a permit, lease, licence, pipeline licence, special prospecting licence or access authority, as defined in the *Petroleum (Submerged Lands) Act 1982*, or a consent of the Minister under section 60 of that Act.\n\n[Clause 2 amended: Gazette 24 Jun 2005 p. 2757‑8; 23 Dec 2005 p. 6269‑70; 30 Mar 2007 p. 1458.]\n\n3. How the activity is to be carried out\n\nAn activity referred to in clause 2 is to be carried out —\n\n(a) so that it does not result in clearing of riparian vegetation and limits or avoids indirect harm to riparian vegetation;\n\n(b) so that soil erosion and other similar land degradation is limited or avoided; and\n\n(c) so that, to the extent practicable, the quality of surface and subterranean water is not affected.\n\n4. Non‑permitted areas\n\n(1) An area of the State is a non‑permitted area if it is within, or described by, one of the following —\n\n(a) one of the following bioregions or part bioregions —\n\n(i) Avon Wheatbelt;\n\n(ii) Esperance;\n\n(iii) Geraldton Sandplains;\n\n(iv) Jarrah Forest;\n\n(v) Mallee;\n\n(vi) Swan Coastal Plain;\n\n(vii) Warren;\n\n(viii) Yalgoo (to the extent of the intensive land‑use zone);\n\n(b) alienated land as defined in section 3(1) of the *Land Administration Act 1997*;\n\n(c) a townsite as defined in section 3(1) of the *Land Administration Act 1997* that is occupied;\n\n(d) a conservation area as defined in Schedule 5 clause 2 to the Act;\n\n(e) Crown land reserved under the *Land Administration Act 1997* the care and control of which is placed with the Water and Rivers Commission under that Act or section 32 of the *Waterways Conservation Act 1976*;\n\n(f) a water supply area;\n\n(g) an area covered by the riparian vegetation of a wetland or watercourse;\n\n(h) the area extending 2 km inland from the high water mark of the coastline of Western Australia;\n\n(i) an environmentally sensitive area;\n\n(j) an area known as a “priority one area” as described in “Wild Rivers of Western Australia” (1999) published by the Water and Rivers Commission, Perth;\n\n(k) an area known as a “Red Book area” as described in —\n\n(i) “Conservation Reserves for Western Australia. Systems 4, 8, 9, 10, 11, 12.” (1975);\n\n(ii) “Conservation Reserves for Western Australia. Systems 1, 2, 3, 5.” (1976);\n\n(iii) “Conservation Reserves for Western Australia. System 7.” (1980); or\n\n(iv) “Conservation Reserves for Western Australia. The Darling System — System 6. Part I: General Principles and Recommendations and Part II: Recommendations for Specific Localities. Report 13.” (1983),\n\npublished by the Department of Conservation and Environment, Perth and the “Red Book Status Report. On the implementation of Conservation Reserves for WA as recommended by the Environmental Protection Authority. Report 15” (1993) published by the Environmental Protection Authority, Perth.\n\n(2) For the purposes of subclause (1)(h) —\n\n(a) the coastline follows the shores of bays, inlets and other similar bodies of water that are connected to the sea (disregarding any temporary closure from the sea);\n\n(b) the high water mark is that at ordinary spring tides; and\n\n(c) the high water mark of the coastline extends across the mouth of a river or riverine estuary from the last point on the high water mark of one of the banks of the mouth of the river or estuary at which a line extended at 90° to the bank will reach the opposite bank to the other such point on the opposite bank.\n\n[Clause 4 amended: Gazette 23 Dec 2005 p. 6270.]\n\nSchedule 2 — Clearing for maintenance in existing transport corridors\n\n[r. 5(1) item 22]\n\n[Heading amended: Gazette 7 Jul 2006 p. 2500.]\n\n1. Terms used\n\nIn this Schedule —\n\ncrossover area means the area occupied by a crossover from a road to a property adjacent to the road and any associated sight line areas;\n\n lateral clearance area, in relation to a stretch of road or railway, means the area (if any) parallel to and immediately adjacent to the stretch of road or railway that is ordinarily cleared;\n\npreviously cleared has a meaning that is affected by clause 2(2);\n\n public roadside facility includes a camping area, rest area, information bay, road train assembly area or parking area or a footpath or cycle track in the road reserve;\n\n transport corridor infrastructure, in relation to a stretch of road or railway, includes barriers, signs, guideposts, drains, levies, embankments, gutters, bridges, overpasses and other similar structures or works.\n\n[Clause 1 amended: Gazette 7 Jul 2006 p. 2500‑1.]\n\n2. Extent of clearing for an area or purpose in relation to a road or railway\n\n(1) For a stretch of road or railway, the area or purpose and the extent of clearing referred to in item 22 are, subject to subclause (2), specified in the Table to this subclause.\n\nTable\n\n| **area or purpose** | **extent of clearing** |\n| --- | --- |\n| crossover area | clearing to the extent previously cleared for the area. |\n| lateral clearance area | complete clearing to the width and height previously cleared for that stretch of road or railway. |\n| maintenance and protection of transport corridor infrastructure | clearing to the extent necessary to —
(a) maintain the efficacy and safety of the infrastructure;
(b) protect the infrastructure (for example, from fire); and
(c) provide access to the infrastructure to maintain it. |\n| an area that is a public roadside facility | clearing to the extent necessary to maintain (but not extend) the intended use of the area. |\n| sight line area | clearing to the extent previously cleared for that area. |\n\n\n(2) An extent of clearing that is specified in the Table to subclause (1) by reference to previous clearing is so specified if and only if —\n\n(a) the previous clearing took place within the 10 years immediately prior to the proposed clearing; and\n\n(b) either —\n\n(i) the previous clearing was lawful; or\n\n(ii) the person clearing does not know, and cannot reasonably be expected to know, whether the previous clearing was lawful.\n\n[Clause 2 amended: Gazette 7 Jul 2006 p. 2501.]\n\n3. How the clearing is to be carried out\n\nClearing is to be carried out so that any cleared vegetation or debris —\n\n[(a) deleted]\n\n(b) to the extent to which it is not used on the site, is removed from the site within 90 days of the clearing; and\n\n(c) if it is to be removed from the site —\n\n(i) is not placed in a heap or windrow on uncleared vegetation; and\n\n(ii) is left in a heap or windrow (that is secured so that it will not spread) until it is removed.\n\n[Clause 3 amended: Gazette 24 Jun 2005 p. 2758; 7 Jul 2006 p. 2501.]\n\nSchedule 3 — Infrastructure maintenance activities\n\n[r. 5(1) item 23]\n\n1. Infrastructure maintenance activities\n\n(1) The following activities are infrastructure maintenance activities —\n\n(a) maintenance of existing infrastructure;\n\n(b) construction of infrastructure, if the construction commenced before Part 9 of the *Environmental Protection Amendment Act 2003* came into operation;\n\n(c) the use of a site used to extract road or railway building materials if that site was used within the 2 years immediately before the day on which Part 9 of the *Environmental Protection Amendment Act 2003* came into operation;\n\n(d) road widening or realignment, or construction of a crossover from a road to private property, and the construction or maintenance of sight line areas associated with any of these, if the road existed before Part 9 of the *Environmental Protection Amendment Act 2003* came into operation.\n\n(2) In this clause —\n\n sight line area means an area between the edge of a stretch of road and a line of sight necessary for the safe use of the stretch of road.\n\n2. How the activity is to be carried out\n\nAn activity referred to in clause 1 is to be carried out so that any cleared vegetation or debris —\n\n[(a) deleted]\n\n(b) to the extent to which it is not used on the site, is removed from the site within 21 days of the clearing; and\n\n(c) if it is to be removed from the site —\n\n(i) is not placed in a heap or windrow on uncleared vegetation; and\n\n(ii) is left in a heap or windrow (that is secured so that it will not spread) until it is removed.\n\n[Clause 2 amended: Gazette 24 Jun 2005 p. 2758.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Environmental Protection (Clearing of Native Vegetation) Regulations 2004* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Environmental Protection (Clearing of Native Vegetation) Regulations 2004* | 30 Jun 2004 p. 2587‑623 | 8 Jul 2004 (see r. 2 and *Gazette* 30 Jun 2004 p. 2581) |\n| *Environmental Protection (Clearing of Native Vegetation) Amendment Regulations 2005* | 21 Jan 2005 p. 259 | 21 Jan 2005 |\n| *Environmental Protection (Clearing of Native Vegetation) Amendment Regulations (No. 2) 2005* | 24 Jun 2005 p. 2755‑8 | 24 Jun 2005 |\n| *Environmental Protection (Clearing of Native Vegetation) Amendment Regulations (No. 3) 2005* | 23 Dec 2005 p. 6268‑70 | 23 Dec 2005 |\n| *Environmental Protection (Clearing of Native Vegetation) Regulations 2006* | 6 Jan 2006 p. 29‑31 | 6 Jan 2006 |\n| *Environmental Protection (Clearing of Native Vegetation) Amendment Regulations (No. 2) 2006* | 31 Mar 2006 p. 1164‑5 | 31 Mar 2006 |\n| *Electricity Corporations (Consequential Amendments) Regulations 2006* r. 79 | 31 Mar 2006 p. 1299‑357 | 1 Apr 2006 (see r. 2) |\n| *Environmental Protection (Clearing of Native Vegetation) Amendment Regulations (No. 4) 2006* | 7 Jul 2006 p. 2499‑501 | 7 Jul 2006 |\n| **Reprint 1: The *Environmental Protection (Clearing of Native Vegetation) Regulations 2004* as at 15 Sep 2006** (includes amendments listed above) | | |\n| *Environmental Protection (Clearing of Native Vegetation) Amendment Regulations 2007* | 30 Mar 2007 p. 1457-8 | 30 Mar 2007 |\n| *Environmental Protection (Clearing of Native Vegetation) Amendment Regulations (No. 2) 2007* | 22 Jun 2007 p. 2845 | 22 Jun 2007 |\n| *Environmental Protection (Clearing of Native Vegetation) Amendment Regulations 2008* | 10 Jun 2008 p. 2485-6 | r. 1 and 2: 10 Jun 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 11 Jun 2008 (see r. 2(b)) |\n| **Reprint 2: The *Environmental Protection (Clearing of Native Vegetation) Regulations 2004* as at 17 Apr 2009** (includes amendments listed above) | | |\n| *Environmental Protection (Clearing of Native Vegetation) Amendment Regulations 2013* | 14 Nov 2013 p. 5037 | r. 1 and 2: 14 Nov 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Nov 2013 (see r. 2(b) and *Gazette* 14 Nov 2013 p. 5027) |\n| *Environmental Protection (Clearing of Native Vegetation) Amendment Regulations (No. 2) 2013* | 3 Dec 2013 p. 5623‑4 | r. 1 and 2: 3 Dec 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Dec 2013 (see r. 2(b)) |\n| *Environmental Protection (Clearing of Native Vegetation) Amendment Regulations 2019* | 3 May 2019 p. 1307‑9 | r. 1 and 2: 3 May 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2019 (see r. 2(b)) |\n| *Environmental Protection Regulations Amendment (Publication and Confidentiality) Regulations 2021* Pt. 2 | SL 2021/178 22 Oct 2021 | 23 Oct 2021 (see r. 2(b) and SL 2021/176 cl. 2) |\n| *Environment Regulations Amendment (Aboriginal Cultural Heritage) Regulations 2023* Pt. 3 | SL 2023/50 19 May 2023 | 1 Jul 2023 (see r. 2(b)) |\n| *Environment Regulations Amendment (Aboriginal Heritage) Regulations 2023* Pt. 3 | SL 2023/170 1 Nov 2023 | 15 Nov 2023 (see r. 2(b) and SL 2023/161 cl. 2) |\n\n\nOther notes\n\n1 Repealed by the *Swan and Canning Rivers (Consequential and Transitional Provisions) Act 2006* s. 4. See s. 8 of that Act in relation to the repeal of the *Swan River Trust Act 1988*.\n\n2 Formerly referred to the *Petroleum Act 1967*, the short title of which was changed to the *Petroleum and Geothermal Energy Resources Act 1967* by the *Petroleum Amendment Act 2007* s. 5. The reference was changed under the *Reprints Act 1984* s. 7(3)(gb).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAboriginal person 3\n\nAboriginal site 13(1)\n\nalienated land 3\n\napplication area 7(1)\n\nauthority area Sch. 1 cl. 2(3)\n\nbiodiversity conservation 4(2)\n\nbioregion 3\n\nbuilding 3\n\nclearing referral 11(1)\n\nconfidential material 11(1)\n\ncrossover area Sch. 2 cl. 1\n\nCrown land 3\n\ndepartment 13(1)\n\ndocumentation 10\n\nenvironmentally sensitive area 3\n\nfence 3\n\nfire hazard reduction burning 3\n\nfire risk reduction area 3\n\nintensive land-use zone 3\n\nland conservation 4(2)\n\nlateral clearance area Sch. 2 cl. 1\n\nlimited clearing 3\n\nnative species 13(1)\n\nplant 4(2)\n\npreviously cleared Sch. 2 cl. 1\n\npriority list 13(1)\n\nproperty 3\n\npublic roadside facility Sch. 2 cl. 1\n\npublish 10\n\nrelevant documentation 11(2)\n\nriparian vegetation 3\n\nscrape and detect operation Sch. 1 cl. 1\n\nsight line area 3, Sch. 3 cl. 1(2)\n\nspecies 13(1)\n\nsubmit 10\n\nthreatened species 13(1)\n\ntransport corridor infrastructure Sch. 2 cl. 1\n\nutility 3\n\nwatercourse 3\n\nwater supply area Sch. 1 cl. 1\n\nwetland 3\n\n© State of Western Australia 2023.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2023.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Since the original 2004 instrument the regulations have been amended to add detailed publication and confidentiality rules (Regulations 8, 8A, 10–13 inserted by later amendments reflected in the compilation table), to update fees (Regulation 7 as amended, including a two‑column fee table for intensive land‑use zone distinctions), and to refine operational definitions and schedules (Schedules 1–3 and multiple Regulation 5 amendments recorded in the compilation table). Some transitional provisions and a specific regulation (Regulation 6 and the defined term \"environmentally sensitive area\") were set to expire upon a Ministerial notice (Regulation 9). These changes broadened administrative detail (publication/confidentiality and public records obligations), adjusted cost‑bearing (fee structure), and clarified which routine activities are treated as prescribed or limited and where they may not occur (Schedules and Schedule 1 cl.4). The references and amendment history are shown in the compilation table and the insertion notes for the relevant regulations."},"complexity_factors":["Numerous itemised exemptions with overlapping area caps and \"together with all other limited clearing in the financial year\" phrasing (Regulation 5 Table items frequently use the 5 ha per financial year constraint).","Multiple schedules with different operational rules and different time windows (Schedule 1, Schedule 2, Schedule 3) that interact with permit thresholds.","Detailed fee schedule with two columns depending on whether any part of the application area falls within the \"intensive land‑use zone\" (Regulation 7(1A)–(1B)).","Discretionary publication and confidentiality powers vested in the CEO create case-by-case legal uncertainty (Regulations 11–13).","Spatial exclusions for low‑impact mineral/petroleum activities listing many bioregions and special areas (Schedule 1 cl.4) require mapping and interpretation.","Interplay with multiple other Acts and authorising instruments (Mining Act, Petroleum Acts, Rights in Water and Irrigation Act, Swan River Trust Act, Soil and Land Conservation Act) increases cross‑statute complexity (see Regulation 5 references and Schedules).","Various amendments, expiries and time‑limited transitional provisions create temporal complexity (Regulation 9; compilation table)."],"plain_english_summary":"What these regulations do, who they affect, and how they work\n\n- Mechanical effect first: these regulations set out detailed exemptions, limits, fees, record-keeping and confidentiality rules that operate with the clearing offence and permit regime in Part V of the Environmental Protection Act 1986 (the Act). They tell you (a) which kinds of clearing are treated as \"prescribed\" or \"limited\" (so do not automatically need the same approvals) and under what conditions (Regulation 5 and Schedules 1–3); (b) what application fees and amendment/surrender fees apply (Regulation 7); (c) what particulars and documents the CEO must keep and publish (Regulations 8 and 8A); and (d) what information the CEO may or must keep confidential (Regulations 11–13). The schedules set operational standards and spatial limits for certain activities (low‑impact mineral/petroleum work, clearing in existing transport corridors, and infrastructure maintenance) and identify areas where those activities are not permitted (Schedule 1 clause 4).\n\n- Who decides and who pays\n - Decision-makers: the CEO of the Environment department exercises publication/confidentiality discretion and can reduce/waive fees (Regulations 7(4), 11(4), 13(2)). Responsible public entities (Commissioner of Main Roads, Public Transport Authority, local governments) and utilities are named as authorised persons for particular clearing items (Regulation 3 definition of \"utility\"; Regulation 5 Table items 21, 22, 23). Private landowners or occupiers are the decision-makers for many limited clearing items (for example building sites, firewood, tracks — Regulation 5 Table items 1, 3, 5–7, 12, 13, 19). Persons holding mining, petroleum or water authorities may carry out specified low‑impact or authority‑linked clearing when they comply with the relevant schedule (Schedule 1 cl.2 and cl.3).\n - Who pays: applicants pay application fees for area or purpose permits according to the size of the proposed clearing area and whether any part lies inside the \"intensive land‑use zone\" (Regulation 7(1A)–(1B) tables). Fees for amending or surrendering permits are set out (Regulation 7(2)). The CEO may reduce, waive or refund fees (Regulation 7(4)).\n\n- Behaviour changes required by the instrument\n - If you intend to clear native vegetation that is not covered by the limited/prescribed categories you must apply for a permit under the Act and pay the relevant fee (Regulation 5 cross‑references s.51C and Regulation 7 sets fees). Many otherwise permissible activities are subject to area or annual caps (commonly a 5 ha per property per financial year cap on \"limited clearing\" items in Regulation 5). Several schedules require that activities be carried out so as to avoid or limit harm to riparian vegetation, erosion and water quality (Schedule 1 cl.3, Schedule 2 cl.3, Schedule 3 cl.2).\n - Where limited clearing is allowed (e.g. constructing buildings on a property, small access tracks, maintenance of existing cleared areas), it is usually limited to what is \"necessary\", to previous extents, or capped by area or distance (see Regulation 5 Table items 1, 12–15, 22 and Schedule 2 Table).\n\n- Official rationale and a practical check against trade-offs and incentives\n - The regulations mark certain clearing as prescribed or limited (Regulation 5, Schedules 1–3). That is presented as enabling necessary land use, infrastructure maintenance and certain low‑impact resource activities while imposing procedural controls (permit fees, public records and conditions). The regulatory design attempts to combine (a) specific, bounded exemptions that let owners, utilities and authority‑holders act for routine or emergency purposes, with (b) public transparency and permit oversight for larger or less routine clearing (Regulation 5 Table; Regulations 8, 8A).\n - Costs and incentives implied by the rules: permit fees impose a direct financial cost that rises with area (Regulation 7(1A)–(1B)). The repeated use of a per‑financial‑year area cap (frequently 5 ha for limited clearing items) creates an incentive to pace or split clearing across financial years to stay within exemptions (see Regulation 5 items that say \"does not, together with all other limited clearing on the property in the financial year in which the clearing takes place, exceed 5 ha\"). Schedules that allow low‑impact mineral/petroleum work (Schedule 1 cl.2) expand operating scope for authority‑holders but exclude many bioregions and sensitive areas (Schedule 1 cl.4), which affects where resource companies can operate and may change exploration routing or costs.\n - Trade-offs and opportunity costs: allowing specified maintenance, small‑scale resource and emergency clearing avoids routine delays and application costs for those activities (Regulation 5 items 2, 3, 21, Schedules 2–3). The trade-off is that activities relying on exemptions must meet precise conditions (\"no more than\", \"necessary to\", limits on proximity to riparian zones) and may still attract scrutiny or require evidence, shifting administrative and record‑keeping burdens onto operators (see Schedule 1 cl.3 and Schedule 2 cl.2–3).\n\n- Compliance burden and implementation risk\n - Administrative steps: many actors must prepare and supply documentation for a permit application (Regulation 8 lists particulars the CEO must publish about applications and permits), and the CEO may request further information (Regulation 8A). Applicants face the fee schedule (Regulation 7). Where an exemption relies on a prior lawful clearing event (e.g. \"previously cleared within 10 years\" in Schedule 2 cl.2), the person relying on the exemption may need to prove lawfulness or reasonableness of ignorance, which is an evidentiary risk for operators.\n - Discretion and uncertainty: the CEO has discretion to accept confidentiality requests and to withhold publication if satisfied the material is confidential or if it is \"desirable\" (Regulation 11(4)). The CEO must withhold bank details (Regulation 12). The CEO may also withhold precise locations of threatened species or Aboriginal sites in certain cases (Regulation 13(2)). These discretions reduce public disclosure in some cases but create administrative judgement points that affect transparency and predictability.\n\n- Effects on private enterprise, contract freedom and public information\n - Private enterprise (especially mining/petroleum and utilities) gains clear pathways for low‑impact work under licences/authorities but faces geographic exclusions (Schedule 1 cl.4) and operational conditions (Schedule 1 cl.3). The fee structure (Regulation 7) and public record requirements (Regulation 8) affect transaction costs and reputational exposure; confidentiality mechanisms (Regulations 11–13) protect commercially sensitive material and certain ecological/cultural location data but rest on CEO discretion.\n - Contract freedom and ownership: many limited clearing rights are framed as rights of the owner or occupier (Regulation 5 items), so property holders retain discretion within the caps. Third‑party funded plantings can be treated as native vegetation in specified circumstances (Regulation 4), which affects how privately negotiated conservation arrangements are recognised under the clearing rules.\n\n- Concentrated benefits, diffuse costs and capture risks (mechanisms, not labels)\n - Concentrated benefits: named utilities and holders of mining/petroleum authorities are explicitly authorised for particular clearing activities (Regulation 3 definition of \"utility\"; Regulation 5 items 20, 22, 23; Schedule 1 cl.2). That concentrates operational advantage in specific entities that hold statutory authorities.\n - Diffuse costs and compliance: the administrative and evidentiary burden of demonstrating compliance (area caps, prior lawful clearing, avoidance of riparian harm) is borne by landowners, occupiers and authority‑holders across many small decisions.\n - Capture risk arises mechanically where discrete exemptions are available to named authority‑holders and public entities while others must obtain permits; these are expressed in the Table to Regulation 5 and in the schedules rather than stated as policy objectives (see Regulation 5 Table and Schedule 1 cl.2). The regulations also provide the CEO with publication/confidentiality discretion that affects the information environment for third parties (Regulations 11–13).\n\nKey statutory references (selected)\n- Definitions and who is a utility: Regulation 3. \n- Which clearing is prescribed/limited and by whom: Regulation 5 and its Table (items 1–26) and Schedules 1–3. \n- Fees for area and purpose permit applications and amendment/surrender: Regulation 7. \n- Public particulars and documents the CEO must keep: Regulations 8 and 8A. \n- Confidentiality and publication discretion, and mandatory withholding of bank details: Regulations 11–13. \n- Non‑permitted areas for low‑impact mining/petroleum activities and operational constraints: Schedule 1 clauses 2–4.\n\nBottom line in one line: the regulations carve out many specific, conditional exemptions to the clearing permit regime, set application fees and public‑record rules, limit where particular resource or maintenance activities can occur, and give the CEO discretion to protect commercial, cultural and ecological location information while requiring publication of core permit particulars."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this legislation changed from its original intent — the full text of the regulations was not retrievable from the provided source. The title suggests regulations made under the Environmental Protection Act 1986 (WA), but no substantive provisions were available for review."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a page-not-found/moved notice","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects the absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (WA)** could not be retrieved. The page hosting this legislation has moved or been taken down as part of a website upgrade by the Western Australian Parliamentary Counsel's Office.\n\n**What we know about this legislation from its title:**\n- It is a **Western Australian regulation** (subordinate law made under the *Environmental Protection Act 1986 (WA)*)\n- It governs the **clearing of native vegetation** — meaning trees, shrubs, plants and other vegetation that occur naturally in WA\n- It likely sets out **rules, permits, exemptions and penalties** for landowners, developers, farmers and others who want to clear land\n- It would affect **landowners, farmers, developers, mining companies** and anyone else who manages land in Western Australia\n\n**Why this matters:** Native vegetation clearing is tightly regulated in WA because clearing can destroy habitat, accelerate land degradation, and contribute to loss of biodiversity. Getting it wrong can result in serious fines or prosecution.\n\n> ⚠️ **No legal analysis can be completed** on the substance of this legislation because the source text was not available. Please visit the [WA Legislation website](https://www.legislation.wa.gov.au) directly to access the current version."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond simple clearing exemptions. Originally intended to implement Part 9 of the Environmental Protection Amendment Act 2003, they now incorporate complex fee structures, detailed confidentiality regimes for biodiversity and Aboriginal heritage protection, transitional arrangements for multiple other Acts, and technical mining industry provisions. The 2021 and 2023 amendments added substantial publication and confidentiality frameworks (Part 3) that go well beyond the original vegetation clearing scope, effectively creating a broader environmental information management regime."},"complexity_factors":["26 distinct exemption categories in Regulation 5 with overlapping conditions and sub-conditions","Multiple cross-references to other WA Acts including Mining Act 1978, Petroleum Acts, Soil and Land Conservation Act 1945, and Land Administration Act 1997","Geographic restrictions including bioregions, intensive land-use zones, and complex coastal boundary calculations (2km inland from high water mark)","Nested conditional logic: many exemptions require cumulative conditions (e.g., 'does not exceed 5 ha together with all other limited clearing on the property in the financial year')","Time-bound transitional provisions with specific commencement dates and expiry periods (e.g., Regulation 9 self-executing expiry clause)","Dual fee structures with different rates for intensive land-use zone vs other areas","Three schedules with additional technical requirements for mineral activities, transport corridors, and infrastructure maintenance","Confidentiality provisions with multiple overlapping categories (trade secrets, personal information, Aboriginal sites, threatened species locations)"],"plain_english_summary":"These regulations set out the rules for clearing native vegetation in Western Australia without needing a permit. They create a list of 26 specific exemptions (called 'prescribed clearing') where landowners, utilities, miners, and others can clear native plants legally. These include clearing for building construction (up to 5 hectares per year), fire hazard reduction, fence lines, walking tracks, firewood collection, and various mining activities. The regulations also set fees for permit applications when permits are required, establish rules for keeping public records of clearing permits, and protect confidential information like trade secrets and locations of threatened species. Special schedules detail restrictions on mining activities in sensitive areas and maintenance clearing along roads and railways."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-protection-clearing-of-native-vegetation-regulations-2004","history":"/api/acts/environmental-protection-clearing-of-native-vegetation-regulations-2004/history","analysis":"/api/acts/environmental-protection-clearing-of-native-vegetation-regulations-2004/analysis","conflicts":"/api/acts/environmental-protection-clearing-of-native-vegetation-regulations-2004/conflicts","importantCases":"/api/acts/environmental-protection-clearing-of-native-vegetation-regulations-2004/important-cases","documents":"/api/acts/environmental-protection-clearing-of-native-vegetation-regulations-2004/documents"}}