Native Vegetation Clearing

Native vegetation is protected under the Environmental Protection Act 1986 (Act).

All clearing of native vegetation is prohibited unless a clearing permit is granted by the Department of Water and Environmental Regulation (DWER) or the clearing is for an exempt purpose, as defined under the Act or the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (Clearing Regulations). 

Clearing Permits

Clearing of native vegetation is illegal without an approved permit from the DWER unless an exemption applies.

Information about clearing permits and exemptions including the referrals process, public comments, environmentally sensitive areas, guidelines and more is available on the DWER Native Vegetation Clearing Permits page.

Frequently Asked Questions

When do I need a clearing permit?

Before you commence filling out an application form for a clearing permit, you should check whether the clearing could be carried out under an exemption. Under the Act, clearing of native vegetation will require a permit from the DWER unless the clearing is for an exempt purpose. An exemption is a clearing activity you can undertake without a clearing permit.

Note that exemptions within the Clearing Regulations do not apply within environmentally sensitive areas as described in the Environmental Protection (Environmentally Sensitive Areas) Notice 2005. 

There are a number of exemptions from the requirement for a clearing permit that apply to landholders for everyday activities. Please refer to the DWER publication ‘A guide to the exemptions and regulations for clearing native vegetation’

If a valid exemption does not apply for the purpose of proposed clearing, a clearing permit is required.

Can I clear along a fence line on my property and/or on Crown land?

Item 10 of Regulation 5 of the Clearing Regulations

provides an exemption for clearing along a fence line of, or within, a property to the width necessary to provide access to construct or maintain a fence, provided that the clearing, combined with other limited exempt clearing on the property, does not exceed 5 hectares in the financial year in which the clearing takes place.

This exemption applies to the owner of the property on which the clearing is to take place.

Exemptions will not apply in environmentally sensitive areas, along waterways, or where known threatened flora or fauna habitat exists.

Item 11 of Regulation 5 of the Clearing Regulations

provides an exemption for clearing between private property and Crown land (e.g. a road reserve), provided that the clearing on the Crown land is no more than 1.5 metres from the fence.

This exemption applies to the owner of the land on which the clearing is to take place, therefore the written approval of the owner of that Crown land (e.g. the local government authority in the case of a road reserve) must be obtained prior to undertaking the clearing.

An application form must be submitted to the Shire for approval. Failure to seek approval in writing will result in the Shire reporting the authorised clearing to DWER and penalties may apply. 

SHIRE OF BROOMEHILL-TAMBELLUP ROADSIDE FENCE LINE CLEARING APPLICATION

Clearing offences and penalties

Information on clearing offences and penalties can be found here.