❓ Hon Diane Evers asks about DWER's criteria for clearing permits for fire mitigation in Manjimup, the number of applications received, and instances of declined applications. The Minister provides details on assessment criteria, application numbers, and instances of refusal.
AnsweredQoN 2069Legislative Council
QuestionView source ↗
The Shire of Manjimup has stated in its annual firebreak and Fuel Hazard Reductions Notice 2018-2019, that subject to the required clearing permit being obtained, a property owner may extend the Building Protection Zone (BPZ) to a maximum of 40 metres, and I ask: (a) what criteria does the Department of Water and Environmental Regulation (DWER) use to assess the amount of clearing allowable for fire mitigation in: (i) 2017-18; and (ii) 2018 to 30 March 2019; (b) how many applications for clearing for any purpose did DWER recieve in the Shire area in: (i) 2014-15; (ii) 2015-16; and (iii) 2016-17; and (c) has DWER ever declined applications to clear within 40 metres and, if yes, for what reason?
AnswerView source ↗
Answered
16 May 2019
Responded by
Minister for Environment
Response time
9 days
(a) (i) – (ii) The Department of Water and Environmental Regulation (Department) assesses all clearing permit applications in accordance with the Environmental Protection Act 1986 (EP Act). In assessing an application for a clearing permit under Part V of the EP Act, the Department must have regard to the ten clearing principles listed in Schedule 5 of the EP Act. The Department must also have regard to any planning instrument, or other matter, that is considered relevant.
Exemptions from requiring a clearing permit for clearing that is done as a requirement of a written law, or authorised under certain statutory processes, are contained in Schedule 6 of the EP Act. Clause 1 of Schedule 6 of the EP Act also provides an exemption from the requirement for a clearing permit for clearing that is done in order to give effect to a requirement to clear under a written law. A notice issued by a local government under section 33 of the Bush Fires Act 1954, such as the Shire of Manjimup Fuel Hazard Reductions Notice is an example of a notice fitting within the definition of Clause 1 of Schedule 6.
(b) (i) 21
(ii) 26
(iii) 31
(c) Since the commencement in 2004 of the clearing provisions contained in Part V of the EP Act, eight clearing permit applications for clearing associated with the establishment of a Building Protection Zone have been refused in Western Australia, as shown in Table 1 below. The assessment of all eight clearing permit applications identified environmental values which would be impacted by the proposed clearing and took into account advice received from the relevant local government authority. Two further applications for clearing associated with the establishment of a Building Protection Zone were declined under Section 51E(3) of the EP Act due to inadequacies with the applications themselves.
Table 1:
Clearing Permit System (CPS) number
Date Application Determined
Determination
168/1
27/07/2005
Refused
454/1
24/02/2006
Refused
1961/1
23/05/2008
Refused
2875/1
06/08/2009
Refused
2872/1
06/08/2009
Refused
3408/1
11/02/2010
Refused
4512/1
31/01/2013
Refused
7933/1
24/01/2019
Refused
7055/1
01/06/2016
Declined
7113/1
19/08/2016
Declined
Exemptions from requiring a clearing permit for clearing that is done as a requirement of a written law, or authorised under certain statutory processes, are contained in Schedule 6 of the EP Act. Clause 1 of Schedule 6 of the EP Act also provides an exemption from the requirement for a clearing permit for clearing that is done in order to give effect to a requirement to clear under a written law. A notice issued by a local government under section 33 of the Bush Fires Act 1954, such as the Shire of Manjimup Fuel Hazard Reductions Notice is an example of a notice fitting within the definition of Clause 1 of Schedule 6.
(b) (i) 21
(ii) 26
(iii) 31
(c) Since the commencement in 2004 of the clearing provisions contained in Part V of the EP Act, eight clearing permit applications for clearing associated with the establishment of a Building Protection Zone have been refused in Western Australia, as shown in Table 1 below. The assessment of all eight clearing permit applications identified environmental values which would be impacted by the proposed clearing and took into account advice received from the relevant local government authority. Two further applications for clearing associated with the establishment of a Building Protection Zone were declined under Section 51E(3) of the EP Act due to inadequacies with the applications themselves.
Table 1:
Clearing Permit System (CPS) number
Date Application Determined
Determination
168/1
27/07/2005
Refused
454/1
24/02/2006
Refused
1961/1
23/05/2008
Refused
2875/1
06/08/2009
Refused
2872/1
06/08/2009
Refused
3408/1
11/02/2010
Refused
4512/1
31/01/2013
Refused
7933/1
24/01/2019
Refused
7055/1
01/06/2016
Declined
7113/1
19/08/2016
Declined
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