Country Areas Water Supply (Clearing Licence) Regulations 1981

Several primary legal and administrative concepts are established or given effect by these regulations. First, controlled land: the regulations apply only to land that is "controlled land" as defined by s 12AA of the Act; the regulations do not redefine that term but attach all procedural rules to that statutory category (reg 3). Second, clearing licence: "licence" is defined in the regulations as a clearing licence issued under s 12C of the Act (reg 4). The licence is a statutory instrument issued under the Act and formalised in the regulations via Form 2 (reg 6, Schedule Form 2). Third, Part IIA: references in the forms and the licence text make clear the administrative measures sit within Part IIA of the Act; parties must engage with the Part IIA framework when applying, claiming compensation, or responding to enforcement measures.

Forms as legal instruments are a central concept. The regulations standardise applications (Form 1), licences (Form 2), transfer applications (Form 3), compensation claims (Form 4) and memorials for three specific outcomes: alleged unlawful clearing (Form 5), restoration orders (Form 6), and payment of compensation for injurious affection (Form 7). By prescribing these templates, the regulations standardise the evidence and data the administrative decision‑maker will receive and the public record that will be created.

Exemptions are a further core concept. Regulation 13 identifies circumstances in which a clearing licence is not required despite the statutory prohibition under s 12C. The exemptions are tightly worded and contingent on quantifiable criteria: area thresholds (less than 0.2 hectare), the age of regrowth (less than 3 years) together with verification by Western Australian Land Information Authority photography for specific catchments by specific historical dates, and narrow operational uses such as cutting individual trees for farm materials subject to a density limit (not more than 2 trees removed per hectare) and requirements protecting regrowth of stumps (reg 13(b)-(c)). The regulations also exempt removal of regrowth along existing fencelines within 10 metres of the fence, removal of certain toxic plant genera, and clearing authorised under an Environmental Protection Act 1986 clearing permit in circumstances where compensation under Part IIA has not been provided (reg 13(d)-(f)).

Documentation and evidentiary requirements are embedded in the forms. Form 1 requires precise land identification, areas, purpose and an annexed sketch or plan of the area to be cleared. Form 4 requires a breakdown of claimed losses per hectare, valuation of other affected parcels, and documentary evidence of the claimant’s interest where it is not registered. Transfer and signing formalities are set out: applications must be signed by the applicant or authorised attorney; companies must apply under their common seal (Forms 1, 3, 4).

Memorialisation is treated as a distinct administrative record. The Minister is the party who gives notice by using the memorial formats in Forms 5 to 7, and the memorials are prepared for departmental files and public record purposes. Form 5 places an allegation of unlawful clearing on the record under s 12BA, Form 6 records a court-made restoration order under s 12BB, and Form 7 records payment of compensation under s 12EA.

Finally, the regulations operate in an inter-legislative environment. They refer directly to other statutes and bodies, most notably the Environmental Protection Act 1986 concerning clearing permits (reg 13(f)), and the Western Australian Land Information Authority for photographic verification (reg 13(b)). They also show an interaction with the Reprints Act 1984 in omitting reg 2 as noted in the headnote.

These concepts together create an administrative scheme: defined land, standardised paperwork, narrow exemptions, memorialised enforcement events, and structured compensation claims, each anchored to specific sections of the parent Act.

The regulations affect a narrow set of actors directly and others indirectly. Directly affected parties are landowners and occupiers of "controlled land" as defined in s 12AA of the Act, because the regulations apply "to and in relation to controlled land" (reg 3). Applicants for a clearing licence must be the owner, occupier or a statutory authority, and applications must identify the applicant’s nature and interest in the land (Form 1). Companies are required to execute applications under their common seal and individuals must sign personally or by authorised attorney, with powers of attorney provided for sighting and return (Forms 1, 3, 4).

Prospective purchasers, lessees or third parties with an interest in a parcel that is the subject of a licence are affected by the transfer mechanism. Transfers require a formal application in Form 3 and must state the applicant’s nature of interest and the injurious affection that would follow refusal to transfer (Form 3). Where a licence exists on title, the memorial forms (Forms 5-7) signal that the Minister will place an administrative record on departmental files and potentially on title-related records where a restoration order or compensation payment is involved (Forms 5-7). The Minister is the party who issues those notices (Forms 5-7 indicate "THE MINISTER HEREBY GIVES NOTICE"), and an "authorised officer" signs the licence (Form 2).

The regulations also affect administrative bodies. The Department administering the Act is required to maintain departmental file numbers and to prepare memorials in set formats (Forms 5-7). The Western Australian Land Information Authority is implicated as the source of historical photography that can verify prior clearing for the purpose of exemptions under reg 13(b).

Third parties affected indirectly include persons whose land values may be affected by clearing controls. The regulations provide a mechanism to claim compensation under s 12E using Form 4, and Form 4 is designed to capture loss items and valuation per hectare, indicating landholders who cannot obtain a licence may pursue compensation for injurious affection. Courts are implicated in enforcement insofar as Form 6 records restoration orders made by a court under s 12BB.

Environmental regulators under the Environmental Protection Act 1986 intersect with this scheme because a clearing permit granted under that Act will exempt the holder from requiring a clearing licence under the regulations, but only if compensation under Part IIA of the Country Areas Water Supply Act has not been provided for the area (reg 13(f)). Thus, holders or applicants under the Environmental Protection Act 1986 and their advisers need to consider whether compensation under Part IIA has been paid or will be payable.

Finally, those engaged in agricultural operations,particularly fencing contractors and primary producers,are directly affected by the narrow operational exemptions. The ability to remove individual trees suitable for cutting for fencing or farm materials is limited to not more than two trees per hectare and to actions that preserve stump regrowth (reg 13(c)). Farm operators who clear regrowth near fencelines have an exemption for up to 10 metres beyond either side of existing fencelines (reg 13(d)).

In summary, the regulations primarily affect landholders of controlled land who propose any clearing activity, statutory authorities and companies seeking to clear or transfer licences, departmental officers responsible for administering the scheme, and adjacent statutory regimes such as the Environmental Protection Act 1986 and the Western Australian Land Information Authority for verification evidence.

The regulations establish a set of duties for applicants, departmental officers and the Minister, and confer procedural rights on applicants and claimants. Duties are procedural and documentary rather than substantive prohibitions, which remain in the Act.

Duties of applicants

• Use the prescribed application form: an applicant must submit applications for a licence in Form 1 (reg 5; Schedule Form 1). The form requires detailed particulars including name and address, status as owner/occupier or statutory authority, land identifiers (location, lot, certificate of title or lease), total and cleared areas of the holding, the area proposed to be cleared, purpose of clearing, and period for which the licence is required. A sketch or plan showing the position of proposed clearing must be attached.
• Provide evidence of authority to sign: applications must be signed by the applicant personally or by an authorised attorney or agent; any power of attorney or authority must be forwarded for sighting and return. Company applicants must apply under the company’s common seal (Form 1 and repeated across Forms 3 and 4).
• Supply further particulars where necessary: Form 1 requests additional information supporting the application and the extent of "injurious affection" if the licence is refused, signalling a duty to quantify potential detriment.

Duties of the Department and Minister

• Issue licences in the prescribed form: licences must be in Form 2 (reg 6; Schedule Form 2), and the licence contemplates a plan annexed and conditions set out in an annexure. An authorised officer signs the licence.
• Lodge memorials in prescribed forms: where unlawful clearing is alleged, the Minister must provide notice using Form 5 under s 12BA(1) and (2) (reg 9; Schedule Form 5). Where a court makes a restoration order under s 12BB(1), the Minister must provide a notice of restoration order in Form 6 (reg 10; Schedule Form 6). When compensation for injurious affection is paid under s 12EA(1), the Minister must give a notice in Form 7 (reg 11; Schedule Form 7). These memorials impose an administrative duty to record enforcement actions consistently.
• Accept and process transfers: an application for transfer of a licence must be in Form 3 (reg 7; Schedule Form 3), providing particulars of the transferee’s interest, reasons for transfer, and consequences if transfer is refused.

Rights conferred on applicants and landholders

• Right to apply for a licence and seek transfer: the forms provide the procedural right to apply for initial licences (Form 1) and to apply to transfer an existing licence (Form 3). The transfer form specifically allows the applicant to set out injurious affection consequences if the transfer is refused.
• Right to claim compensation: where a licence is refused or granted subject to conditions, or where injurious affection arises, claimants may make a claim under s 12E using Form 4 (reg 8; Schedule Form 4). Form 4 structures the compensation claim and allows the claimant to itemise losses by area, building, fencing, water supply and other items.
• Right to an evidentiary record: the memorials create a formal administrative record of alleged unlawful clearing, restoration orders and compensation payments, which can affect the proprietorial or transactional state of land and provide a clear record for subsequent dealings.

Conditional exemptions that operate as rights in limited circumstances

• Exemptions from licence requirement: reg 13 grants exemptions in specified circumstances, creating conditional rights to clear without a licence when those tight criteria are met. These include clearing areas under 0.2 hectare, removing suckers and regrowth under 3 years old if prior clearing is verifiable by Western Australian Land Information Authority photography for certain catchments by specific historical dates, removing up to two trees per hectare for fencing materials with protection of regrowth, removing regrowth within 10 metres of fencelines, removing poisonous species in specified genera, and clearing under an Environmental Protection Act 1986 clearing permit where no compensation has been provided under Part IIA of the Act.

Documentation obligations and evidentiary thresholds

• Evidentiary thresholds attach to rights and duties. For example, Form 4 requires documentary evidence to support the claimant’s interest in the land where the interest is not registered, and Form 1 requires any power of attorney or authority to be lodged with the application. The exemption in reg 13(b) relies on photographic verification by a named authority.

Limitations and procedural safeguards

• The regulations do not themselves create substantive criminal offences or specify penalties. They operate as the procedural overlay for Part IIA of the Act. They do, however, require specific procedural steps that regulate how rights to clear or to be compensated are pursued.

In sum, the regulations distribute duties to supply prescribed information and documentary proof, to use set forms for applications, transfers and claims, and impose ministerial and departmental duties to issue licences in a prescribed form and memorialise enforcement or compensation outcomes. Rights are procedural: to apply, to transfer, to claim compensation and, in narrow circumstances, to clear without a licence when the exemptions in reg 13 are satisfied.

The regulations do not themselves create criminal penalties or specify monetary fines. Instead they establish administrative enforcement mechanisms and memorial processes that sit alongside the enforcement provisions of the parent Act. The regulations reference the Act’s enforcement provisions and create standardised forms and records that enable enforcement actions under the Act to be taken and publicly recorded.

Administrative enforcement instruments specified in the regulations

• Notice of unlawful clearing (Form 5): reg 9 prescribes Form 5 as the memorial to be used when the Minister alleges unlawful clearing under s 12BA. The Form 5 template is headed "NOTICE OF UNLAWFUL CLEARING" and states that the Minister alleges unlawful clearing contrary to s 12BA and that the land may become the subject of a restoration order under s 12B(2) of the Act (Schedule Form 5). This memorial functions as a formal departmental assertion that unlawful clearing is alleged and that further enforcement processes may follow.
• Notice of restoration order (Form 6): reg 10 prescribes Form 6 as the memorial to be used where a restoration order has been made by the court in accordance with s 12BB. The form is headed "NOTICE OF RESTORATION ORDER" and records that the restoration order has been made by the court (Schedule Form 6). This memorial records judicial enforcement of restoration obligations.
• Notice of payment of compensation (Form 7): reg 11 prescribes Form 7 to memorialise payment of compensation for injurious affection pursuant to s 12EA. The form records the payment and identifies to whom payment was made (Schedule Form 7).

Court involvement

• Form 6 expressly records that restoration orders are made by the court under s 12BB. The regulations therefore recognise and incorporate the court’s enforcement role within the administrative recordkeeping system. The court’s power to make restoration orders and other judicial enforcement measures are part of the Act; the regulations provide the memorial format for that outcome.

Role of authorised officer and the Minister

• The licence (Form 2) is signed by an authorised officer, signalling an administrative authorisation function (Schedule Form 2). The memorials are given "FOR AND ON BEHALF OF THE MINISTER" and require a witnessing signature, indicating ministerial responsibility for initiating enforcement actions and for recording their outcomes (Schedules Forms 5-7).

Interaction with compensation and injurious affection provisions

• The regulations facilitate enforcement by providing the mechanism for claimants to quantifiy and lodge compensation claims (Form 4) under s 12E (reg 8). Form 4 requires itemisation of losses and documentary evidence of interest where not registered. The ability to apply for compensation is an element of the enforcement and remedial landscape under the Act.

Absence of penalty detail

• Because the regulations do not set penalties, enforcement of prohibited clearing, restoration obligations and penalties must be sought under the Act. The regulations therefore are procedural instruments that support enforcement under the Act by standardising the forms and memorials required to initiate, record or respond to enforcement actions.

Practical enforcement effect

• The memorial forms create public administrative records. An unlawful-clearing notice or restoration order memorial can affect land dealings and provide notice to subsequent purchasers or encumbrancers. Similarly, a memorial recording payment of compensation for injurious affection is designed to inform the public record of the remedial payment. The forms thus have an enforcement effect by making enforcement outcomes visible and by triggering potential follow-on processes under the Act, including court restoration orders and compensation mechanisms.

In summary, enforcement and penalties themselves are governed by the Act. The regulations provide the document formats, signatures, departmental file references and memorial procedures necessary to operationalise enforcement actions under the Act, but do not themselves create new offences or penalties.

The regulations are expressly designed to operate in conjunction with the Country Areas Water Supply Act 1947 and with other Western Australian instruments and statutory regimes. They reference particular sections of the Act, the Environmental Protection Act 1986, the Western Australian Land Information Authority, and reflect publication and reprint practices under the Reprints Act 1984.

Primary statutory relationship

• Country Areas Water Supply Act 1947: these regulations implement procedural aspects of Part IIA of the Act. They apply to "controlled land" as defined in s 12AA (reg 3) and define "licence" as a clearing licence issued under s 12C (reg 4). They prescribe the forms required by and for implementation of provisions noted in the Act, such as section 12BA (unlawful clearing), section 12BB (restoration orders), section 12EA (payment of compensation for injurious affection) and section 12E (claims for compensation), because the forms are tied to those sections by the regulations (regs 8-11 and the Schedule forms).

Interaction with the Environmental Protection Act 1986

• Regulation 13(f) provides a specific cross‑statutory interaction: a clearing licence under the Country Areas Water Supply Act is not required for clearing where the area is cleared under a clearing permit granted under the Environmental Protection Act 1986, provided that compensation has not been provided under Part IIA of the Country Areas Water Supply Act in respect of that area. That clause therefore creates an operational interaction where holders of clearing permits under the Environmental Protection Act 1986 may, subject to the compensation issue, rely on that permit rather than a clearing licence under the Country Areas Water Supply Act. The clause requires administrative coordination between the two statutory schemes, particularly in determining whether compensation under Part IIA has been provided for the area in question.

Evidentiary partnership with Western Australian Land Information Authority

• Regulation 13(b) uses historical photography, verified by the Western Australian Land Information Authority, to determine whether regrowth exception conditions apply. The regulations therefore embed an evidentiary role for an external information custodian. For specified catchments, whether regrowth or suckers less than three years old are exempt depends on photographic verification that the land was cleared of indigenous trees and vegetation by specified dates (reg 13(b)(i)-(ii)). This creates a procedural dependency on the availability and reliability of that photographic evidence.

Publication and reprint framework

• The headnote of the regulations notes that regulation 2 was omitted under the Reprints Act 1984 s 7(4)(f). The compilation table in the Notes documents amendment regulations across multiple years and how the regulations have been reprinted. Those references show that these regulations have been updated repeatedly and are to be read with their amendment history in mind.

Administrative law interactions

• The requirement that applications be signed by the applicant or authorised attorney and that powers of attorney be lodged with the application engages standard administrative law considerations about proof of authority and the validity of decisions made on that basis (Forms 1, 3, 4). Company applicants must apply under the common seal, which interacts with corporate law formalities.

Courts and restoration orders

• Form 6 records restoration orders "made by the Court with respect to the undermentioned lands in accordance with section 12BB of the above Act" (Schedule Form 6). This verifies that courts have a role under the Act, and the regulations provide the format for recording the court’s enforcement outcome.

In short, the regulations function as a procedural node linking the Country Areas Water Supply Act 1947 to the Environmental Protection Act 1986, the Western Australian Land Information Authority photographic record, corporate formalities and the court system. Where exemptions or enforcement actions cross statutory lines, the regulations require coordination and documentary checks to determine which statutory regime controls the clearing activity and whether compensation obligations under Part IIA have been triggered.

The compilation table in the Notes sets out the amendments and reprints that affect the regulations. The regulations were originally made as the Country Areas Water Supply (Clearing Licence) Regulations 1981 and have been amended several times. The compilation table in the reprint provides the following recorded amendments and reprints:

• Country Areas Water Supply (Clearing Licence) Regulations 1981, Gazette 22 May 1981 p. 1570‑5, commencement 22 May 1981. This is the original instrument.
• Country Areas Water Supply (Clearing Licence) Amendment Regulations 1985, Gazette 23 Aug 1985 p. 3019‑20, commencement 23 Aug 1985. (Regulation 4 was amended; Form 1 amended, see Schedule notes.)
• Country Areas Water Supply (Clearing Licence) Amendment Regulations 1988, Gazette 29 Jun 1988 p. 2110, commencement 29 Jun 1988.
• Water Agencies (Amendment and Repeal) Regulations 1995 Pt. 2, Gazette 29 Dec 1995 p. 6295‑302, with commencement 1 Jan 1996 (see r. 2 and Gazette reference). This instrument amended these regulations in 1995.
• Reprint 1: The Country Areas Water Supply (Clearing Licence) Regulations 1981 as at 23 May 2003 (this reprint includes amendments up to that date).
• Country Areas Water Supply (Clearing Licence) Amendment Regulations 2004, Gazette 30 Jun 2004 p. 2583‑4, commencement 8 Jul 2004 (see r. 2 and Gazette p. 2581).
• Country Areas Water Supply (Clearing Licence) Amendment Regulations (No. 2) 2004, Gazette 30 Dec 2004 p. 6999, commencement 1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130). This instrument deleted regulation 12 (note in the text: "[12. Deleted: Gazette 30 Dec 2004 p. 6999]").
• Country Areas Water Supply (Clearing Licence) Amendment Regulations 2006, Gazette 22 Dec 2006 p. 5802, commencement 1 Jan 2007 (see r. 2 and Gazette 8 Dec 2006 p. 5369).
• Country Areas Water Supply (Clearing Licence) Amendment Regulations 2010, Gazette 23 Nov 2010 p. 5857‑8. Regulation 1 and 2 commenced 23 Nov 2010 and the remaining regulations commenced 24 Nov 2010 (see r. 2(a) and 2(b) references).
• Reprint 2: The Country Areas Water Supply (Clearing Licence) Regulations 1981 as at 9 Jan 2015, which includes amendments listed above.

Operational changes recorded in the instrument

• Regulation 2 was omitted under the Reprints Act 1984 s 7(4)(f), as noted in the text. Regulation 12 was expressly deleted by the 2004 Amendment Regulations (No. 2) 2004 (Gazette 30 Dec 2004 p. 6999).
• Various Forms in the Schedule were amended at different stages (see bracketed notes after Forms: Form 1 amended Gazette 23 Aug 1985 p. 3020; Form 2 amended Gazette 23 Aug 1985 p. 3020; Forms 5-7 amended across 1985, 1995, 2010 amendments per the bracketed notes).

How to read the amendment record

• The compilation table records the amending regulations with their Gazette references and their commencement dates. The reprints consolidate these amendments up to the reprint date. The most recent reprint included in the document is the reprint as at 9 January 2015.

Implications for practitioners

• When advising clients on the current state of the clearing-licence scheme, practitioners should consult the latest reprint or the consolidated statute in force after 9 January 2015 and check any further amendments published after that date. The compilation table provides the chain of amendments that led to the regulations as compiled in the 2015 reprint.

The amendment history in the Notes therefore provides a tracked textual lineage: substantive deletions, form amendments and timing of reprints are all recorded, enabling verification of which regulatory text applied at any given date within the amendment timeline documented by the compilation table.

The regulations themselves contain no case law, judicial decisions or litigation history. The Schedule and the body of the regulations do not reference any court decisions or reported controversies. The regulations do, however, interface with statutory sections that expressly provide for court involvement under the parent Act, for example section 12BB which authorises restoration orders by the court; the regulations supply the memorial Form 6 to record such orders (reg 10, Schedule Form 6). But the instrument as compiled does not identify any litigation, does not cite judicial interpretation, and contains no reported decisions or examples of enforcement proceedings.

What the instrument does show regarding litigation pathways

• Restoration orders: Form 6 documents restoration orders "made by the Court with respect to the undermentioned lands in accordance with section 12BB" (Schedule Form 6). This indicates that any judicial enforcement action leading to a restoration order will be recorded in the administrative memorial format, but the regulations do not describe the court process itself, evidentiary standards, or appeal routes, which are matters for the Act and the general law.
• Unlawful clearing notices: Form 5 records the Minister’s allegation that unlawful clearing has occurred under s 12BA, and the form warns that the land "may become the subject of a restoration order under section 12B(2) of that Act" (Schedule Form 5). This shows the administrative step that can precede judicial enforcement but does not catalogue previous cases.

Practical consequence for researchers and practitioners

• If court decisions exist that interpret Part IIA of the Act or matters such as the meaning of "controlled land", "injurious affection", or the scope of restoration powers, those decisions are not recorded in the regulations. Researchers seeking litigation history or judicial interpretation will need to search court databases and reported decisions for cases that reference the Country Areas Water Supply Act 1947, Part IIA, or relevant sections such as 12BA and 12BB. The regulations themselves provide no litigation citations or summaries.

In short, the regulations establish forms and administrative records that feed into enforcement pathways that can involve the courts, but the instrument as compiled does not contain or summarise any litigation history.

The regulations contain a number of technical traps for the unwary practitioner, landholder, or administrative officer. The exemptions and form requirements are precise; overlooking any particular condition may cause an application to be rejected, expose the applicant to allegations of unlawful clearing, or limit eligibility for compensation. Below are concrete "gotchas" grounded in the text.

Exemption thresholds are strict and historically contingent

• Small area exemption: reg 13(a) exempts land "where the land in question has an area of less than 0.2 hectare". That is a bright-line area test; cumulative clearing across adjoining parcels or progressive clearing that exceeds 0.2 hectare may not fit the exemption. The regulation does not provide for aggregation exceptions. Practitioners should verify area calculations and ensure measurements exclude ambiguity.
• Time-limited photographic verification: reg 13(b) exempts removal of suckers or regrowth less than 3 years old only where the land was cleared of indigenous trees and vegetation as "verified by Western Australian Land Information Authority photography" by specified historic dates for certain catchments (15 November 1976 for Wellington Dam and Harris River catchments; 15 December 1978 for Mundaring Weir, Denmark River, Kent River, Warren River). The exemption therefore requires access to and an evidentiary showing of that photographic verification. The applicant must ensure the photographic record actually verifies the clearing by the relevant date for the relevant catchment. Lack of such verification precludes the exemption.
• Two-trees-per-hectare limit for individual trees: reg 13(c) permits removal of individual trees for fencing if not more than 2 trees are removed per hectare and stump regrowth is protected. The density limit is low. Clearing more than that, even for legitimate farm materials, will fall outside the exemption.

Narrow scope of operational exemptions

• Fenceline regrowth: reg 13(d) permits removal of regrowth and suckers up to 10 metres beyond either side of existing fencelines. Practitioners must define "existing fencelines" at the time of clearing and be clear whether maintenance or repositioning of fencelines affects entitlement. The 10-metre measurement is per side; removing vegetation beyond that distance requires a licence.
• Poison plant genera: reg 13(e) applies to removal/destruction of poison plants in the toxic species of Gastrolobium and Oxylobium. Practitioners must ensure the plants to be removed are actually within those genera and are confirmed toxic species; the regulations do not relax licencing for other poisonous plants.

Interaction with Environmental Protection Act 1986

• Clearing permit under the Environmental Protection Act 1986 will exempt an operator from needing a clearing licence only "if compensation has not been provided under Part IIA of the Act in respect of the area" (reg 13(f)). That caveat is substantive: where compensation has already been provided under Part IIA for the same area, the Environmental Protection Act 1986 permit does not displace the licence requirement under the Country Areas Water Supply Act. Practitioners must check Part IIA compensation records before relying on an Environmental Protection Act 1986 clearing permit to avoid a compliance gap.

Documentary and signature formalities

• Powers of attorney and authorisations: Forms 1, 3 and 4 require any power of attorney or authority to be forwarded with the application for sighting and return. Failure to provide proof of authority when signing an application can delay processing or render the application defective. Company applicants must submit under the common seal. Small administrative mistakes here cause procedural refusals or return of documents.
• Plan annexures and descriptions: Form 2 requires the plan annexed to the licence and an annexure of conditions. Licences without a properly attached plan or clearly described land could be subject to later dispute about their scope.

Compensation claim formalities and valuation framework

• Form 4 structures a compensation claim but notes "Item 2 is not compulsory; complete it to the best of your ability" and requires documentary proof of interests not registered. Claimants without registered interests must provide contracts, leases, partnership agreements or similar. Failing to supply adequate documentary proof will weaken the claim or cause rejection.

Memorials for unlawful clearing and restoration orders

• Form 5 states the Minister "alleges" unlawful clearing and that the land may become the subject of a restoration order under s 12B(2). An owner who receives such a notice should recognise that it is an allegation that could proceed to court. The memorial becomes part of the departmental record and may influence land dealings before the matter is finally determined.

Deleted and omitted provisions

• Regulation 12 has been deleted (Gazette 30 Dec 2004 p. 6999). Regulation 2 was omitted under the Reprints Act 1984 s 7(4)(f). Practitioners consulting older versions of the regulations need to ensure they are referencing the post-amendment text. The compilation table documents multiple amendment instruments; reliance on an out-of-date form or outdated threshold risks non-compliance.

Record-keeping and public notice implications

• Memorial forms are designed to be departmental records and may be placed on public files. An unlawful-clearing memorial or a restoration order memorial can affect subsequent conveyancing or financing. Parties engaging in land transactions should search departmental records for Forms 5-7 memorials affecting a parcel.

In sum, the main practical "gotchas" are: strict area and age thresholds in reg 13; reliance on historic photographic verification by a named authority; precise limits on the number of trees removable for fencing; the interaction clause with the Environmental Protection Act 1986 that requires checking whether Part IIA compensation has been paid; formal signature and documentary requirements in the forms; and the risk of memorials affecting land dealings. Each of these risks arises directly from the wording and structure of the regulations and the Schedule forms.

To comply with these regulations, applicants, landowners, transferees, and advisers must follow the prescribed forms, provide the specified documentary material and respect the narrow exemptions. Below is a practical step‑by‑step compliance checklist derived from the regulations and the Schedule forms.

Step 1: Confirm that the land is "controlled land"

• The regulations apply only to controlled land as defined in s 12AA of the Act (reg 3). Before any clearing is undertaken, verify whether the land falls within the statutory definition of controlled land under the Country Areas Water Supply Act. If the land is not controlled land, the clearing-licence scheme under this instrument does not apply.

Step 2: Check whether an exemption applies (reg 13)

• Small area: Is the proposed clearing less than 0.2 hectare? If so, reg 13(a) provides an exemption.
• Young regrowth: Is the vegetation regrowth or suckers less than 3 years old, and can that be verified by Western Australian Land Information Authority photography for the relevant catchment by the relevant historical date (see reg 13(b)(i)-(ii))? If so, no licence is required for that removal.
• Individual trees for fencing/farm materials: Are you removing not more than 2 trees per hectare, ensuring trees are cut randomly from bush areas and not taking actions deleterious to stump regrowth (reg 13(c))?
• Fencelines: Is the clearing restricted to regrowth or suckers within 10 metres on either side of an existing fenceline (reg 13(d))?
• Poison plants: Are the plants being removed poisonous species in the toxic genera Gastrolobium and Oxylobium (reg 13(e))?
• Environmental Protection Act clearing permit: Is the clearing authorised under a clearing permit granted under the Environmental Protection Act 1986, and has compensation under Part IIA of the Country Areas Water Supply Act not been provided in respect of the area (reg 13(f))? If so, a clearing licence is not required.

Step 3: If no exemption applies, prepare the application in Form 1 (reg 5 and Schedule Form 1)

• Complete all required particulars: name and address of applicant, status (owner/occupier or statutory authority), ownership and occupancy details (including certificate of title or lease numbers), total area of the holding, total area already cleared, area of bush suitable for agriculture, detailed description of the subject land, area proposed to be cleared (in hectares), position of proposed clearing (location/lot and an accompanying sketch or plan), purpose for clearing (tick boxes provided), and the period for which the licence is required.
• Provide any additional information supporting the application and set out the extent of "injurious affection" if the licence is refused.
• Attach supporting documents: any power of attorney or authorisation, proof of unregistered interests (contract of sale, lease, partnership agreement) if relevant. Company applicants must apply under the common seal.

Step 4: Attach a plan and other supporting materials

• The licence (Form 2) requires a plan to be annexed and may include an annexure of conditions (Schedule Form 2). Ensure the plan clearly delineates the area proposed for clearing and matches the location information on Form 1.

Step 5: Follow formal signing and lodgement requirements

• Signatures must be the applicant’s personal signature, or by an authorised attorney or agent. If signing by power of attorney, lodge the power of attorney with the application. Companies must use their common seal. Ensure contact telephone numbers and addresses are included for correspondence.

Step 6: If transferring an existing licence, use Form 3 (reg 7 and Schedule Form 3)

• Complete Form 3, stating the nature of the applicant’s interest, describing the land by reference to location, certificate of title or lease, and explaining reasons for the transfer and the injurious affection that would occur if the transfer is refused.
• Attach required documentary proof of authority or the nature of the interest.

Step 7: If claiming compensation under s 12E, use Form 4 (reg 8 and Schedule Form 4)

• Complete Form 4 with a breakdown of claimed losses: area refused multiplied by per hectare value, loss of value to other areas, buildings, fencing, water supply, other items, and additional items as necessary.
• State the nature of the claimant’s interest in the land in full. If not both owner and occupier, provide the name and address of the owner or occupier as required.
• Attach documentary evidence where the claimant’s interest is not registered: contract of sale, lease, partnership agreement or similar.

Step 8: Be prepared for memorials and public records

• If unlawful clearing is alleged, the Minister may give notice in Form 5 and the land may become subject to a restoration order (reg 9, Schedule Form 5). If a restoration order is made by the court, the Minister will give notice in Form 6 (reg 10, Schedule Form 6). If compensation for injurious affection is paid, the Minister will give notice in Form 7 (reg 11, Schedule Form 7). Practitioners should monitor departmental records for such memorials before engaging in land transactions.

Step 9: Coordinate with Environmental Protection Act permits and compensation records

• If relying on a clearing permit under the Environmental Protection Act 1986 to avoid a clearing licence, confirm that Part IIA compensation has not been provided in respect of the area in question (reg 13(f)). If compensation under Part IIA has been paid, the clearing permit does not remove the need for a licence under the Country Areas Water Supply Act regulations.

Step 10: Maintain documentary and time records

• Keep copies of all lodged forms, plans, powers of attorney, company seals, photographic verification from the Western Australian Land Information Authority and any correspondence with the department. Ensure accurate area calculations and dates that align with the reg 13 timeframes.

Step 11: Seek judicial resolution where restoration or enforcement is threatened

• Where a notice of unlawful clearing has been served and a restoration order is threatened, legal advice should be sought promptly because s 12BB and associated court processes apply. Form 6 will record any restoration order made by the court.

Step 12: Keep up to date with amendments and reprints

• The regulations have been amended multiple times and reprinted. Check the current consolidated text and any post-2015 amendments before relying on a particular form or threshold (consult the compilation table in the Notes and later Gazette notices).

Following these steps, using the prescribed forms and attaching the necessary documentary evidence, aligns applications, transfers and compensation claims with the procedural requirements the regulations set out. Practitioners should ensure technical compliance with the narrow exemptions and the formalities listed in Forms 1-4 to avoid procedural refusals, allegations of unlawful clearing, or complications in compensation claims.