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Environmentally sensitive areas (ESAs) are classes or areas of native vegetation where the exemptions for clearing vegetation under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (Clearing Regulations) do not apply.

The  was gazetted on 8 April 2005. Recent amendments to the Environmental Protection Act 1986 (EP Act) mean that in future, ESAs will be prescribed in regulations. However, until these changes are in place, the existing regulatory framework under the ESA notice remains in effect.

It is an offence to clear native vegetation without a permit or a determination by the CEO that a permit is not required, unless the clearing is for an exempt purpose. 

There are two types of exemptions:

• for clearing assessed and authorised under other statutory processes set out in Schedule 6 of the EP Act
• for generally low-impact and routine maintenance clearing activities listed in regulation 5 of the Clearing Regulations.

The exemptions under the Clearing Regulations do not apply within ESAs, so a clearing permit is required. A clearing permit is not required for clearing under the Schedule 6 exemptions, even if it is within an ESA.

If you are uncertain whether your proposed clearing is within an ESA or if a clearing permit is required, see our ESA fact sheet. You can also contact us on (08) 6364 7098 or email info@dwer.wa.gov.au.

1. These exemptions mainly refer to clearing that is authorised through other legislation and includes:

• proposals assessed under Part IV of the EP Act
• subdivision approvals under the Planning and Development Act 2005
• clearing to comply with a local government bush fire notice given under the Bush Fires Act 1954
• grazing of stock on a pastoral lease under the Land Administration Act 1997.

See A guide to the exemptions and regulations for clearing native vegetation.

2. These exemptions mainly refer to activities that are routine maintenance and/or low impact, with some items subject to a five-hectare-per-year limitation. Examples of exemptions under the Clearing Regulations include clearing for:

• the lawful construction of a building
• fire hazard reduction
• constructing or maintaining fence lines

See A guide to the exemptions and regulations for clearing native vegetation.

3. View the  to determine if the area is an ESA.