❓ A WA parliamentary question on notice regarding Main Roads' state-wide purpose clearing permit, seeking details on clearing activities, compliance with regulations, stakeholder consultation, and environmental impact. The Minister's response provides data on clearing, acknowledges variance with principles, and outlines steps taken to minimize clearing.
AnsweredQoN 113Legislative Council
QuestionView source ↗
(1) What is the current status of the Main Roads State-wide Purpose clearing permit?
(2) How many hectares of native vegetation have been cleared under this permit per year, in the last five years?
(3) Has any of this clearing activity been at variance with Department of Environment and Conservation’s (DEC) Native Vegetation Clearing Principles?
(4) If yes to (3), how much?
(5) Does the State-wide Purpose Permit require Main Roads to take steps to minimize native vegetation clearing?
(6) If yes to (5), what steps have been taken by Main Roads to minimize native vegetation clearing undertaken under the permit?
(7) Can the Minister outline what the intended purpose of this permit is?
(8) Does the permit require the permit holder to consult with stakeholders prior to undertaking clearing activity?
(9) If yes to (8), can the Minister outline what consultation has occurred, who has been consulted, and what have been the outcomes of such consultation?
(10) What community input was sought as part of a review by DEC of the State-wide Purpose clearing permit?
(11) Does DEC consider that there are any shortcomings or issues with the existing permit that would impact on its effectiveness to provide protection of the environment and native vegetation?
(12) What changes have been made to the permit to address issues raised during the review of the permit by DEC, or by community organisations?
(13) Who in DEC or the Minister’s office made the decision to continue the existing permit?
(14) Has the Minister’s office or the previous Minister’s office received advice from any other agencies regarding this permit?
(15) If yes to (14), what was the nature of this advice and where was it received from?
(16) Are annual reports submitted to DEC by Main Roads Department under the permit made publicly available?
(17) If no to (16), can the Minister table these reports?
(18) Does the DEC Native Vegetation Clearing Branch review these annual reports?
(19) If no to (18), why not?
(20) If yes to (18), what have these reviews found and what action has been taken by the DEC?
(21) If yes to (18), can the Minister table any documentation held by DEC relating to the review of these reports?
(22) Can the Minister advise what action has been, or is being taken by DEC to respond to the serious failings identified by the Auditor General in his report into the implementation of the Native Vegetation Clearing Regulations?
(23) Can the Minister outline what actions have been, or are being taken to address the serious shortcomings identified in the review of native vegetation clearing regulations by Gary Middle?
(2) How many hectares of native vegetation have been cleared under this permit per year, in the last five years?
(3) Has any of this clearing activity been at variance with Department of Environment and Conservation’s (DEC) Native Vegetation Clearing Principles?
(4) If yes to (3), how much?
(5) Does the State-wide Purpose Permit require Main Roads to take steps to minimize native vegetation clearing?
(6) If yes to (5), what steps have been taken by Main Roads to minimize native vegetation clearing undertaken under the permit?
(7) Can the Minister outline what the intended purpose of this permit is?
(8) Does the permit require the permit holder to consult with stakeholders prior to undertaking clearing activity?
(9) If yes to (8), can the Minister outline what consultation has occurred, who has been consulted, and what have been the outcomes of such consultation?
(10) What community input was sought as part of a review by DEC of the State-wide Purpose clearing permit?
(11) Does DEC consider that there are any shortcomings or issues with the existing permit that would impact on its effectiveness to provide protection of the environment and native vegetation?
(12) What changes have been made to the permit to address issues raised during the review of the permit by DEC, or by community organisations?
(13) Who in DEC or the Minister’s office made the decision to continue the existing permit?
(14) Has the Minister’s office or the previous Minister’s office received advice from any other agencies regarding this permit?
(15) If yes to (14), what was the nature of this advice and where was it received from?
(16) Are annual reports submitted to DEC by Main Roads Department under the permit made publicly available?
(17) If no to (16), can the Minister table these reports?
(18) Does the DEC Native Vegetation Clearing Branch review these annual reports?
(19) If no to (18), why not?
(20) If yes to (18), what have these reviews found and what action has been taken by the DEC?
(21) If yes to (18), can the Minister table any documentation held by DEC relating to the review of these reports?
(22) Can the Minister advise what action has been, or is being taken by DEC to respond to the serious failings identified by the Auditor General in his report into the implementation of the Native Vegetation Clearing Regulations?
(23) Can the Minister outline what actions have been, or are being taken to address the serious shortcomings identified in the review of native vegetation clearing regulations by Gary Middle?
AnswerView source ↗
Answered
6 August 2013
Responded by
Minister for Mental Health representing the Minister for Environment
Response time
54 days
The Minister for Environment has provided the following response.
(1) Main Roads Western Australia has two valid purpose clearing permits that
apply across the State. CPS 817/3 permits clearing for project activitiesin
unplanned events (damage to road infrastructure resulting from unforeseeable
events and requiring immediate repair, for example a road wash-out following
heavy rainfall) and expires on 22 June 2014. CPS 818/8 provides for
clearing for project activities (including new roads, new infrastructure, new
signs and signals, new sightlines) and expires on 12 June 2014.
(2)
Main Roads Western Australia has advised that a total of 1,159 hectares of
native vegetation was cleared under CPS 818/8 between 2008 and 2012 (412
hectares in 2008; 357 hectares in 2009; 156 hectares in 2010; 114 hectares in
2011; and 120 hectares in 2012). Cleanup including clearing following a storm
event in 2012 occurred under 817/3. Given the extent of damage, it was not
possible to quantify the area of clearing.
(3) Yes.
(4) Main
Roads Western Australia has assessed that clearing of 68 hectares of native
vegetation, or around six per cent of the area cleared under permit CPS818 over
the past five years, was at variance to the clearing principles.
(5)
Yes. Condition 5 of CPS 817/3 and condition 6 of CPS 818/8 require that
Main Roads Western Australia has regard to the following principles, set out in order of preference: avoid the
clearing of native vegetation; minimise the amount of native vegetation to be
cleared; and reduce the impact of clearing on any environmental value.
(6) Main Roads Western Australia has advised that examples include the
adjustment of road alignments where possible; the selection of already cleared
or degraded areas for a temporary bypass tracks, workers camps, construction
laydown and turnaround activities; and locating borrow pits, and parking
bay/rest areas such that they require less clearing of vegetation.
(7) Purpose permits describe the principles and criteria that are to be
applied, and the strategies and procedures that are to be followed, in relation
to the clearing. The Main Roads Western Australia purpose permits recognise
that there is uncertainty about the location, area and significance of the
clearing to be undertaken. As a result, the conditions require an
assessment procedure similar to that which the Department of Environment
Regulation would undertake if the clearing were for an application it
assessed. The permit requires that Main Roads Western Australia, following
its assessment of the proposed clearing against the clearing principles, and
where the proposed clearing may be at variance, implements appropriate
management strategies and offsets. Clearing that may be seriously at
variance with the principles must be submitted as a separate clearing permit
application.
(8) Yes. Condition 8 of CPS 818/8 requires Main Roads
Western Australia to invite submissions about impacts
of the proposed clearing that may be at variance or seriously at variance with
the clearing principles from the Department of Environment Regulation's Native
Vegetation Conservation Branch; the Office of the Commissioner of Soil and Land
Conservation in the Department of Agriculture and Food Western Australia; the
Department of Water; the Conservation Council of Western Australia Inc.; the
local government responsible for the area that is to be cleared; the owner of
land to be cleared; any other environment or community groups that the permit
holder reasonably considers may have an interest in the clearing that is
proposed to be done; and any other party that the permit holder reasonably
considers may have an interest in the clearing that is proposed to be
done.
(9) Main Roads Western Australia has advised that, as required by
the permit, consultation has occurred with stakeholders nominated in the permit
conditions. Submissions are sought and received
from the Department of Environment Regulation Native Vegetation Conservation
Branch, the Office of the Commissioner of Soil and Land Conservation, the
Department of Water, local government, the Conservation Council of Western
Australia, the Wildflower Society of Western Australia, and the Roadside
Conservation Committee. Examples of outcomes of submissions received from
stakeholders include the adoption of advice on weed management through
adjustment of project environmental management plans, refinement of weed
management and rehabilitation practices in revegetation plans, and an increase
in a proposed offset.
(10) A review of CPS 818/7 and CPS 817/2
identified some possible amendments to permit conditions. These
amendments, and a proposed extension to the duration of the purpose permits
were advertised on 15 April 2013, and submissions sought within a 21 day
period. No submissions were received. Amendments to extend the
duration of CPS 818/8 and CPS 817/3 were made on 2 May 2013.
(11) I am
advised that the Main Roads Western Australia purpose permits establishes an
appropriate framework for the regulation of clearing for the specified
activities.
(12) The review identified no need for amendments to the
existing permit conditions other than a minor change to give effect to legal
advice and extending the date of the permits' expiry.
(13) The Manager
of Native Vegetation Conservation Branch as the officer delegated under Section
20 of the Environmental Protection Act 1986 .
(14) No.
(15) Not applicable.
(16) The reports have recently
been uploaded to the department's website at www.der.wa.gov.au/your-environment/native-vegetat
ion/51-clearing-permit-annual-reports .
(17) Not applicable.
(18) Yes.
(19) Not applicable.
(20) Some non-compliance with
purpose permit conditions was identified by the Department of Environment
Regulation. These incidents have not warranted prosecution in accordance
with the department's Enforcement and Prosecution Policy. These matters have
been brought to the attention of Main Roads Western Australia.
(21) I
table as an attachment documentation held by the Department of Environment
Regulation relating to these reports.
(22) The Auditor General's 2007
report found that the process for determining whether to grant clearing permits
is supported by a strong and comprehensive system, and that the department
assesses applications appropriately in accordance with the principles contained
in the Environmental Protection Act 1986 .
It also found that
the then Department of Environment and Conservation had not undertaken any
meaningful testing of compliance with application decisions. In addition,
although imagery had been used to identify possible illegal clearing, the
department had not investigated these, nor had it adequately and consistently
followed up on reports of complaints. Following this review, the Native
Vegetation program developed an overarching compliance strategy setting out the
elements necessary to achieve good compliance outcomes. An inspection program
for testing compliance with decisions on clearing applications has been
implemented.
(23) A Native Vegetation Working Group of government
agencies reviewed the report findings of the expert committee chaired by
Associate Professor Gary Middle in 2011. The majority of recommendations
have been implemented. Some recommendations require legislative amendments
which are being progressed as a priority of this term of Government.
(1) Main Roads Western Australia has two valid purpose clearing permits that
apply across the State. CPS 817/3 permits clearing for project activitiesin
unplanned events (damage to road infrastructure resulting from unforeseeable
events and requiring immediate repair, for example a road wash-out following
heavy rainfall) and expires on 22 June 2014. CPS 818/8 provides for
clearing for project activities (including new roads, new infrastructure, new
signs and signals, new sightlines) and expires on 12 June 2014.
(2)
Main Roads Western Australia has advised that a total of 1,159 hectares of
native vegetation was cleared under CPS 818/8 between 2008 and 2012 (412
hectares in 2008; 357 hectares in 2009; 156 hectares in 2010; 114 hectares in
2011; and 120 hectares in 2012). Cleanup including clearing following a storm
event in 2012 occurred under 817/3. Given the extent of damage, it was not
possible to quantify the area of clearing.
(3) Yes.
(4) Main
Roads Western Australia has assessed that clearing of 68 hectares of native
vegetation, or around six per cent of the area cleared under permit CPS818 over
the past five years, was at variance to the clearing principles.
(5)
Yes. Condition 5 of CPS 817/3 and condition 6 of CPS 818/8 require that
Main Roads Western Australia has regard to the following principles, set out in order of preference: avoid the
clearing of native vegetation; minimise the amount of native vegetation to be
cleared; and reduce the impact of clearing on any environmental value.
(6) Main Roads Western Australia has advised that examples include the
adjustment of road alignments where possible; the selection of already cleared
or degraded areas for a temporary bypass tracks, workers camps, construction
laydown and turnaround activities; and locating borrow pits, and parking
bay/rest areas such that they require less clearing of vegetation.
(7) Purpose permits describe the principles and criteria that are to be
applied, and the strategies and procedures that are to be followed, in relation
to the clearing. The Main Roads Western Australia purpose permits recognise
that there is uncertainty about the location, area and significance of the
clearing to be undertaken. As a result, the conditions require an
assessment procedure similar to that which the Department of Environment
Regulation would undertake if the clearing were for an application it
assessed. The permit requires that Main Roads Western Australia, following
its assessment of the proposed clearing against the clearing principles, and
where the proposed clearing may be at variance, implements appropriate
management strategies and offsets. Clearing that may be seriously at
variance with the principles must be submitted as a separate clearing permit
application.
(8) Yes. Condition 8 of CPS 818/8 requires Main Roads
Western Australia to invite submissions about impacts
of the proposed clearing that may be at variance or seriously at variance with
the clearing principles from the Department of Environment Regulation's Native
Vegetation Conservation Branch; the Office of the Commissioner of Soil and Land
Conservation in the Department of Agriculture and Food Western Australia; the
Department of Water; the Conservation Council of Western Australia Inc.; the
local government responsible for the area that is to be cleared; the owner of
land to be cleared; any other environment or community groups that the permit
holder reasonably considers may have an interest in the clearing that is
proposed to be done; and any other party that the permit holder reasonably
considers may have an interest in the clearing that is proposed to be
done.
(9) Main Roads Western Australia has advised that, as required by
the permit, consultation has occurred with stakeholders nominated in the permit
conditions. Submissions are sought and received
from the Department of Environment Regulation Native Vegetation Conservation
Branch, the Office of the Commissioner of Soil and Land Conservation, the
Department of Water, local government, the Conservation Council of Western
Australia, the Wildflower Society of Western Australia, and the Roadside
Conservation Committee. Examples of outcomes of submissions received from
stakeholders include the adoption of advice on weed management through
adjustment of project environmental management plans, refinement of weed
management and rehabilitation practices in revegetation plans, and an increase
in a proposed offset.
(10) A review of CPS 818/7 and CPS 817/2
identified some possible amendments to permit conditions. These
amendments, and a proposed extension to the duration of the purpose permits
were advertised on 15 April 2013, and submissions sought within a 21 day
period. No submissions were received. Amendments to extend the
duration of CPS 818/8 and CPS 817/3 were made on 2 May 2013.
(11) I am
advised that the Main Roads Western Australia purpose permits establishes an
appropriate framework for the regulation of clearing for the specified
activities.
(12) The review identified no need for amendments to the
existing permit conditions other than a minor change to give effect to legal
advice and extending the date of the permits' expiry.
(13) The Manager
of Native Vegetation Conservation Branch as the officer delegated under Section
20 of the Environmental Protection Act 1986 .
(14) No.
(15) Not applicable.
(16) The reports have recently
been uploaded to the department's website at www.der.wa.gov.au/your-environment/native-vegetat
ion/51-clearing-permit-annual-reports .
(17) Not applicable.
(18) Yes.
(19) Not applicable.
(20) Some non-compliance with
purpose permit conditions was identified by the Department of Environment
Regulation. These incidents have not warranted prosecution in accordance
with the department's Enforcement and Prosecution Policy. These matters have
been brought to the attention of Main Roads Western Australia.
(21) I
table as an attachment documentation held by the Department of Environment
Regulation relating to these reports.
(22) The Auditor General's 2007
report found that the process for determining whether to grant clearing permits
is supported by a strong and comprehensive system, and that the department
assesses applications appropriately in accordance with the principles contained
in the Environmental Protection Act 1986 .
It also found that
the then Department of Environment and Conservation had not undertaken any
meaningful testing of compliance with application decisions. In addition,
although imagery had been used to identify possible illegal clearing, the
department had not investigated these, nor had it adequately and consistently
followed up on reports of complaints. Following this review, the Native
Vegetation program developed an overarching compliance strategy setting out the
elements necessary to achieve good compliance outcomes. An inspection program
for testing compliance with decisions on clearing applications has been
implemented.
(23) A Native Vegetation Working Group of government
agencies reviewed the report findings of the expert committee chaired by
Associate Professor Gary Middle in 2011. The majority of recommendations
have been implemented. Some recommendations require legislative amendments
which are being progressed as a priority of this term of Government.
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