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Two types of clearing permits are available to applicants under the Environmental Protection Act 1986. These are an area permit and a purpose permit.

Area permit
Under section 51E of the Environmental Protection Act 1986, you can apply for an area permit if you are:

• the owner of the land (or a certificate of title holder, a public authority responsible for care of the land or a lessee of crown land)
• likely to become the owner of the land
• undertaking clearing on behalf of the owner of the land, with written authority to do so.

An area permit allows clearing of the areas specified in the permit. Area permits are generally approved for a default period of two years.

For mineral and petroleum activities, an area permit only applies to native vegetation clearing on general purpose leases, mining leases and crown leases where section 51A of the Environmental Protection Act 1986 confers rights of land ownership. For native vegetation clearing on other mineral and petroleum tenure, you will need a purpose permit.

Purpose permit
Purpose permits are for clearing of different areas from time to time for a purpose specified in the permit.

Under section 51E of the Environmental Protection Act 1986, you can apply for a purpose permit if you are:

• not the owner of the land which will be cleared but have authority under a written law or permission to access the land to conduct the clearing.

Purpose permits are generally approved for a default period of five years.

When lodging your application you need to ensure it includes:

• a completed application form
• a letter of authority, if a person is signing the application on behalf of a company or incorporated body (section 51E of the Environmental Protection Act 1986)
• a letter from the tenement holder authorising you to apply for a clearing permit on their tenement (if the clearing is to be done on a tenement other than your own)
• a scaled map of the proposed clearing area (see mapping information required)
• a description of the proposed activities.

You will also need to pay the prescribed fees.

Under section 51E(3) of the Environmental Protection Act 1986, DMIRS may decline to process your application if it is incomplete.

When DEMIRS accepts your application, it will organise a public advertisement to invite submissions and send direct interest letters to relevant parties. In accordance with section 51E of the Environmental Protection Act 1986, DMIRS will invite any public authority with a direct interest in the clearing permit application to comment within a specified period.

Website links
on the DEMIRS website for more information. 

The assessment process for area permits and purpose permits is the same.

DEMIRS will first allocate your application to an environmental officer for assessment. The officer may need to do the following:

You may be asked for further information or to clarify some content. If so, the officer will write to the designated contact on the application. These requests are a ‘stop-the-clock' event. 

1. Request further information
   You may be asked for further information or to clarify some content. If so, the officer will write to the designated contact on the application. These requests are a ‘stop-the-clock' event.  
    
2. Make referrals and requests for advice to other agencies

The officer may need to do this when:

• they require expert information to inform their assessment
• there is trigger that invokes a memorandum of understanding (MOU) or administrative agreement (AA) with another agency (see the relevant MOUs and AAs on the DMIRS website)

The officer will apply ‘stop the clock’ where appropriate.

PLANNING FOR APPROVALS
Parallel processing can help reduce a proposal’s overall approval timeline. DEMIRS and DWER are committed to parallel processing of environmental applications where multiple approvals are required.

Website links

Appeals processes exist under section 101A of the Environmental Protection Act 1986. This includes the ability for applicants to appeal refusal of a clearing permit, the decision not to grant all of the clearing applied for or conditions imposed on their permit. Third parties can also appeal decisions on a clearing permit.

DEMIRS will notify you about its decision in writing.

If approved, your letter will include any conditions you must adhere to. 

If your application is refused, your letter will state the reasons for the decision. 
 

Once granted, a clearing permit is available for the public to view. Third parties may also appeal against the issue of a clearing permit. Clearing must not commence until the date stated on the permit or until notified on the outcome of any appeal.

In addition, clearing must not commence until other relevant environmental approvals have been obtained. Compliance with the terms, conditions or restrictions of a clearing permit does not absolve the Permit Holder from responsibility for compliance with the requirements of all other Commonwealth and State legislation.