2324GOVERNMENT GAZETTE, WA 2 May 2017

2324 GOVERNMENT GAZETTE, WA 2 May 2017 protected flora has the meaning given to it in section 6(1) of the Wildlife Conservation Act 1950; rare flora has the meaning given to it in section 23F of the Wildlife Conservation Act 1950; Roadside Conservation Committee means the Roadside Conservation Committee appointed by the Minister for Environment; and special environmental area means an area designated as such under clause 5.7. 5.2 Application This Part does not apply to the townsite. Division 2—Flora roads 5.3 Declaration of flora road The local government may declare a thoroughfare which has, in the opinion of the local government, high quality roadside vegetation to be a flora road. 5.4 Construction works on flora roads Construction and maintenance work carried out by the local government on a flora road is to be in accordance with the “Handbook of Environmental Practice for Road Construction and Road Maintenance Works”. 5.5 Signposting of flora roads The local government may signpost flora roads with the standard MRWA “flora road” sign. 5.6 Driving only on carriageway of flora roads (1) A person driving or riding a vehicle on a flora road shall only drive or ride the vehicle on the carriageway. (2) Subclause (1) does not apply where— (a) conditions on the thoroughfare do not reasonably permit a vehicle to remain on the carriageway; (b) there is no carriageway; or (c) an exemption from the application of subclause (1) has been obtained from the local government. Division 3—Special environmental areas 5.7 Designation of special environmental areas The local government may designate a thoroughfare, or any part of a thoroughfare, as a special environmental area which— (a) has protected flora or rare flora; or (b) in the opinion of the local government, has environmental, aesthetic or cultural significance. 5.8 Marking of special environmental areas The local government is to mark and keep a register of each thoroughfare, or part of a thoroughfare, designated as a special environmental area. Division 4—Planting in thoroughfares 5.9 Permit to plant A person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a 5.10 Relevant considerations in determining application In determining an application for a permit for the purpose of clause 5.9, the local government is to have regard to— (a) existing vegetation within that part of the thoroughfare in which the planting is to take place; and (b) the diversity of species and the prevalence of the species which are to be planted or sown. Division 5—Clearance of vegetation 5.11 Permit to clear A person shall not clear and maintain in a cleared state, the surface of a thoroughfare within 1.5m of that person’s land without first obtaining a permit and any other approvals which may be required under any written law. 5.12 Application for permit In addition to the requirements of clause 7.1(2), a person making an application for a permit for the purpose of clause 5.11 shall submit a sketch plan clearly showing the boundary of the person’s land and the portions of the thoroughfare joining that person’s land which are to be cleared.