❓ A parliamentary question regarding native vegetation clearing in the Pilbara region, specifically focusing on road reserves and pastoral leases, and the relevant statutory provisions and responsible agencies. The answer clarifies legislative changes and departmental responsibilities.
AnsweredQoN 1817Legislative Assembly
QuestionView source ↗
(1) How many notifications have been made under the
Soil and Land Conservation Act 1986
to clear native vegetation in road reserves in the Pilbara region since 2005?
(2) What are the statutory provisions that govern the clearing of native vegetation on pastoral leases?
(3) What agency within your portfolio is responsible for ensuring compliance with the statutory provisions that govern the clearing of native vegetation on pastoral leases?
Soil and Land Conservation Act 1986
to clear native vegetation in road reserves in the Pilbara region since 2005?
(2) What are the statutory provisions that govern the clearing of native vegetation on pastoral leases?
(3) What agency within your portfolio is responsible for ensuring compliance with the statutory provisions that govern the clearing of native vegetation on pastoral leases?
AnswerView source ↗
Answered
18 November 2009
Responded by
Minister representing the Minister for Environment
Response time
29 days
(1) The Department of Agriculture and Food is responsible for administering the
Soil and Land Conservation Act 1945
.
The regulation under the
Soil and Land Conservation Regulations 1992
requiring the notification of intention to clear more than one hectare of land to the Commissioner of Soil and Land Conservation was repealed with the commencement of the clearing provisions under section 51 of the
Environmental Protection Act 1986
on 8 July 2004.
Since 8 July 2004, all clearing of native vegetation requires a permit under the Environmental ProtectionAct unless the clearing is subject to an exemption, including clearing on pastoral leases.
Since 2005, the Department of Environment and Conservation has received 13 applications to clear native vegetation in road reserves in the Pilbara Region.
(2) The Environmental ProtectionAct and the
Land Administration Act 1997
(LA Act).
Under section 51C of the Environmental ProtectionAct, clearing of native vegetation is an offence unless undertaken under the authority of a clearing permit or the clearing is subject to an exemption, including clearing on pastoral leases.
Exemptions for low impact routine land management practices are contained in the
Environmental Protection (Clearing of Native Vegetation) Regulations 2004
. Exemptions in the Regulations do not apply within environmentally sensitive areas declared under section 51B of the Act.
Activities that are associated with the maintenance and management of a pastoral lease that are a requirement under the Land Administration Act,such as clearing to maintain or reconstruct existing fences (and other pastoral improvements), would be exempt from requiring a clearing permit.
(3) The Department of Environment and Conservation is responsible for ensuring compliance with the clearing provisions under the Environmental ProtectionAct.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
Soil and Land Conservation Act 1945
.
The regulation under the
Soil and Land Conservation Regulations 1992
requiring the notification of intention to clear more than one hectare of land to the Commissioner of Soil and Land Conservation was repealed with the commencement of the clearing provisions under section 51 of the
Environmental Protection Act 1986
on 8 July 2004.
Since 8 July 2004, all clearing of native vegetation requires a permit under the Environmental ProtectionAct unless the clearing is subject to an exemption, including clearing on pastoral leases.
Since 2005, the Department of Environment and Conservation has received 13 applications to clear native vegetation in road reserves in the Pilbara Region.
(2) The Environmental ProtectionAct and the
Land Administration Act 1997
(LA Act).
Under section 51C of the Environmental ProtectionAct, clearing of native vegetation is an offence unless undertaken under the authority of a clearing permit or the clearing is subject to an exemption, including clearing on pastoral leases.
Exemptions for low impact routine land management practices are contained in the
Environmental Protection (Clearing of Native Vegetation) Regulations 2004
. Exemptions in the Regulations do not apply within environmentally sensitive areas declared under section 51B of the Act.
Activities that are associated with the maintenance and management of a pastoral lease that are a requirement under the Land Administration Act,such as clearing to maintain or reconstruct existing fences (and other pastoral improvements), would be exempt from requiring a clearing permit.
(3) The Department of Environment and Conservation is responsible for ensuring compliance with the clearing provisions under the Environmental ProtectionAct.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.