Part 7ROADSIDE CONSERVATION

PART 7—ROADSIDE CONSERVATION 7.1 Interpretation In this Part— “MRWA” means Main Roads Western Australia; “protected flora” has the meaning given to it in Part 10, Division 2 of the Biosecurity Conservation Act 2016; “rare flora” has the meaning given to it in Regulation168 of the Biosecurity Conservation Regulations 2017 section 23F; “Roadside Conservation Committee” means the Roadside Conservation Committee appointed by the Minister for the Environment; and “special environmental area” means an area designated as such under clause 7.7. 7.2 Application This Part does not apply to a townsite. 7.3 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. 7.4 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” prepared by the Roadside Conservation Committee. 7.5 Signposting of flora roads The local government may signpost flora roads with the standard MRWA “flora road” sign. 7.6 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. 7.7 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. 7.8 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. 7.9 Permit to plant A person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a permit. 7.10 Relevant considerations in determining application In determining an application for a permit for the purpose of clause 7.9, 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.

36 GOVERNMENT GAZETTE, WA 5 January 2021 7.11 Permit to clear A person shall not clear and maintain in a cleared state, the surface of a thoroughfare within 1m of that person’s land without first obtaining a permit and any other approvals which may be required under any written law. 7.12 Application for permit A person making an application for a permit for the purpose of clause 7.11 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. 7.13 Permit to burn thoroughfare A person shall not burn part of a thoroughfare without first obtaining a permit or unless acting under the authority of any other written law. 7.14 Application for permit An application for a permit for the purposes of clause 7.13 shall— (a) include a sketch plan showing the portions of a thoroughfare which are proposed to be burned; and (b) advise of the estimated fire intensity and the measures to be taken to protect upper storey vegetation from the burn. 7.15 When application for permit can be approved The local government may approve an application for a permit for the purpose of clause 7.13 only if the burning of the particular part of the thoroughfare will— (a) reduce a fire hazard and alternative means of reducing that hazard, such as slashing or the use of herbicides, are considered by the local government to be not feasible or more detrimental to native flora and fauna than burning; or (b) in the opinion of the local government, be beneficial for the preservation and conservation of native flora and fauna. 7.16 Prohibitions on burning (1) Notwithstanding anything to the contrary in this local law, an application for a permit for the purpose of clause 7.13 is not to be approved by the local government— (a) for burning between 31 August and 1 May of the following year where the intensity of the burn could damage native flora and fauna; or (b) in any year to any person for any part of a thoroughfare which is on the opposite side of the carriageway to that portion of the thoroughfare for which a permit to burn has been approved in the same year. (2) Nothing in this clause prevents the local government approving a permit to burn part of a thoroughfare to remove an imminent fire risk. 7.17 Permit for firebreaks on thoroughfares A person shall not construct a firebreak on a thoroughfare without first obtaining a permit. 7.18 When application for permit cannot be approved (1) The local government is not to approve an application for a permit for the purpose of clause 7.17 where the thoroughfare is less than 20m wide. (2) Subclause (1) does not apply where the firebreak is, in the opinion of the local government, desirable for the protection of roadside vegetation. 7.19 General prohibition on commercial wildflower harvesting Subject to clause 7.20, a person shall not commercially harvest native flora on a thoroughfare. 7.20 Permit for revegetation projects (1) A person shall not collect seed from native flora on a thoroughfare without first obtaining a permit. (2) The local government may approve an application for a permit under subclause (1) only where— (a) the seed is required for a revegetation project in any part of the district; and (b) the thoroughfare, or the relevant part of it, is not a special environmental area. (3) Unless the local government specifically provides to the contrary on a permit, if the local government approves an application for a permit for the purpose of subclause (1) it is to be taken to be approved subject to the following conditions— (a) the collection of the seed is to be carried out so as not to endanger the long time survival of the native flora on the thoroughfare; and (b) any licence or approval which may be required under any other written law is to be obtained by the applicant.