12
Oct
2020

Clearing Permit CPS 8947/1 Granted – Appeals Open

Summary

Granting clearing permits of native vegetation is a three-part process:

  1. Application with Community Consultation
  2. Decision and public comment on decision
  3. Appeal on the decision

Stage 1 – Application

The applicant prepares the application form with maps and supporting information to allow the native vegetation regulation team to assess potential impact to native vegetation.

During the assessment process The Department of Water and Environmental Regulation (DWER) sends out notification seeking public comment on clearing permits (unless you receive notifications for ALL DWER applications).

Stage 2 – Decision and public comment on decision

The native vegetation regulator publishes the decision and makes it available for public comment and objection for a period of 21 days at which time, if there was no objection, the applicant is advised that the permit is granted, and clearing may commence.

If appeals are lodged, the application moves on to stage 3, and the granting is held in abeyance subject to a decision by the minister as to whether those objections are valid and have standing. The minister’s decision is final.

Stage 3 – Appeal Process

The third stage of the process allows the public to submit appeals to Appeals Convener for 21 days from notice of the decision.

The Appeal process is independent of DWERs decision and is run by the Appeals Convener, a quasi-government agency. A recommendation by the Appeals Convener is submitted directly to the Minister for the Environment. The decision by the Minister and the report to the minister are made public at the same time, ie, you don’t know what the Appeals Convener has considered and recommended to the minister.

A Note on Your Appeals to the Appeals Convenor:

After you have submitted an appeal to the Appeals Convener, those appeals are forwarded back to DWER who respond to those concerns directly to the Minister. The appeals convener will contact you to discuss and better understand the objections you have raised.

Prior to meeting with the Appeals Convener, it is highly recommended that you see DWER’s response (that was sent to the minister) to your concerns. You must request access through the office of the appeals convener in order to view DWER’s detailed response to your appeal.

Submitting an Appeal

If you disagree with this decision, you may lodge an appeal with the Minister for Environment. Your comments will be added as the report is reviewed.

You may do this by submitting your reasons with the Appeals. You can lodge your appeal by post, hand delivery, email or fax:

Level 22 Forrest Centre 221 St Georges Terrace PERTH WA 6000

Phone (08) 6364 7990

Fax (08) 6364 7999 

admin@appealsconvenor.wa.gov.au

www.appealsconvenor.wa.gov.au 

In order to simplify the process, we are distributing this pro forma.

Documents

The DWER documents are below, in two parts;

Part 1 – The Application by the proponent, in the case of the Ocean Reef Marina development it is Development WA, which sets the details of the clearing of native vegetation. The documents include the Application Form, Maps and Supporting information reports (below).

Part 2 – The Clearing Permit Decision which outlines the details behind granting the clearing permit, as well as response to public comments and a list of reference material used in the decision-making process (there is no cross-referencing between the decision and the source materials making it difficult to review the basis for their decisions, further obfuscating the process).