5200GOVERNMENT GAZETTE, WA 3 November 2022

5200 GOVERNMENT GAZETTE, WA 3 November 2022 rare flora has the meaning given to it in the Biodiversity Conservation Act 2016; 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 10.7. 10.2 Application This Part does not apply to any townsite within the district. Division 2—Flora roads 10.3 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. 10.4 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 Code of Practice for Roadside Conservation and Road Maintenance prepared by the Roadside Conservation Committee. 10.5 Signposting of flora roads The local government may signpost flora roads with the standard MRWA ‘flora road’ sign. 10.6 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 10.7 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. 10.8 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 10.9 Permit to plant A person shall not plant any plant or sow any seeds in a thoroughfare without first obtaining a permit. 10.10 Relevant considerations in determining application In determining an application for a permit for the purpose of clause 10.9, 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 10.11 Permit to clear (1) A person shall not clear and maintain in a cleared state, the surface of a thoroughfare outside a gazetted town boundary, beyond 1.5m of that person’s land without first obtaining a permit and any other approvals which may be required under any written law. (2) A person shall not clear and maintain in a cleared state, the surface of any thoroughfare within a gazetted town boundary, without first obtaining a permit and any other approvals which may be required under any written law. 10.12 Application for permit In addition to the requirements of clause 12.1(2), a person making an application for a permit for the purpose of clause 10.11 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. 10.13 Permit to burn thoroughfare A person shall not burn part of a thoroughfare without first obtaining a permit from an authorised person other than a Fire Control Officer, or unless acting under the authority of any other written law.