Operational Approvals
In addition to key approvals, some minor approvals are usually needed. Generally these relate to the way in which a project is carried out - largely operational matters.
These operational approvals are very much dependant on the nature of the project or development proposal. In many cases the matters covered by these approvals may be of significance to the outcomes of the approval processes and therefore should be considered in parallel.
Wildlife Conservation
Under the Wildlife Conservation Act 1950 (WA) (WC Act), the Department of Environment and Conservation (DEC) administers the approvals required to:
- Take declared rare flora
- Take threatened fauna
DEC is also a key provider of advice to proponents and approval agencies about proposals and activities that impact on threatened ecological communities or priority listed flora and fauna.
Under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) (EPBC Act), the Commonwealth Minister for the Environment publishes lists of Threatened Species and Threatened Ecological Communities. The Act also regulates proposed actions with potentially significant effects on listed species and communities.
Declared Rare Flora
The State Minister for the Environment may declare any protected (native) flora to be 'declared rare flora' (DRF) if it is likely to become extinct, is rare, or is otherwise in need of special protection. In practice, a taxon (species, subspecies or variety) is usually considered for declaration as a DRF if there is evidence that it may be threatened with extinction in the short to medium term. This may be as a consequence of its rarity, or the existence of a threat from which the flora needs special protection.
The written consent of the Minister is required before such flora can be taken either by:
- Direct means: taking a scientific sample, collecting seed, spraying herbicide, removing whole plants through burning, or
- grazing or land clearing
- Indirect means: modifying the habitat, introducing pathogens, or altering the water table
To take DRF without the written consent of the Minister, or delegated authority at DEC, is an offence.
Threatened Fauna
The State Minister for the Environment may declare any fauna that is likely to become extinct, is rare, or is otherwise in need of protection to be 'specially protected'. Such fauna may only be taken under a licence issued by DEC under the WC Act. Taking specially protected fauna without a licence is an offence.
Threatened Ecological Communities
DEC maintains lists of threatened ecological communities (TEC). Listed ecological communities in the State are given special consideration in environmental impact assessments and have special status under the land clearing regulations of the Environmental Protection Act 1986 (WA) (EP Act). The protection of TEC is included as a 'clearing principle' for assessing applications for permits to clear native vegetation. TEC are also defined as 'Special Environmental Areas' where exemptions for a clearing permit under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004 (WA) do not apply.
Proposals Affecting Threatened Species
Proposals involving the potential to take declared rare flora or threatened fauna, or to clear land near threatened ecological communities, should be discussed with DEC to identify management issues, mitigation measures, and the requirements for submission of an application, including any conservation offset measures that may support such an application.
Under the EPBC Act, those species of flora and fauna, and ecological communities, considered to be threatened nationally are included in published lists. Most of the Western Australian threatened flora and fauna species appear in the Commonwealth (EPBC) list of threatened species and a number of TEC listed in Western Australia also appear on the Commonwealth list.
However, there are differences between the State and Commonwealth lists, frequently due to the time taken for State changes to be incorporated in the Commonwealth lists.
Impacts on species listed as threatened under the EPBC Act should be referred to the Commonwealth Department of the Environment, Water, Heritage and the Arts.
Priority Listed Flora and Fauna
There are cases where plants or animals appear to be rare or threatened, but for which there is insufficient information to make a proper evaluation of their conservation status. These require further investigation before they can be considered for inclusion on the schedule of DRF or the schedule of threatened (specially protected) fauna.
As a means of ensuring that these plants and animals are not discounted and to provide some priorities for their survey and monitoring, DEC maintains Priority flora and Priority fauna lists that categorise the plants and animals according to their current conservation priority, and urgency for further investigation.
A further category of Priority flora and fauna are those species considered to be rare, but not currently threatened. These species are being monitored, and are also considered to be of conservation priority.
Priority flora and fauna do not have the same legal status as the DRF and Specially Protected Fauna, however, they are considered in approvals processes under the EP Act. The Priority flora and Priority fauna lists are regularly reviewed, with species being moved to different priority categories, or being added to the DRF or Specially Protected Fauna schedules, depending on the results of recent surveys. Where species are found to be in abundance and under no immediate threat, they may be taken off the Priority lists.
Lists of Priority flora and Priority fauna may be obtained by contained by contacting the Species and Communities Branch at DEC's Kensington office.
Water Licenses and Permits
The use of water in Western Australia is regulated under the Rights in Water and Irrigation Act 1914 (WA) administered by the Department of Water. Licenses or permits are required to construct or alter a well, to take ground water or surface water and/or to interfere with the bed or banks of a watercourse.
The Department of Water also administers permitting of vegetation clearing in certain catchments under the Country Areas Water Supply Act 1947 and, where appropriate, through permits to interfere with the bed and banks of a watercourse.
Licensing information is available from the Department of Water website.
Allocation Plans for achieving best water management practice across the State are being developed. Currently the Pilbara Water Plan and the South West Region Water Plan are available on the website.
Explosives and Dangerous Goods
The regulation and licensing of explosives, dangerous goods and Major Hazard Facilities (MHF) is administered by the Department of Mines and Petroleum (DMP) under the following legislation:
- Explosives and Dangerous Goods Act 1961 (WA)
- Dangerous Goods (Transport) Act 1998 (WA)
Explosives
The following activities require licensing:
- Storing explosives
- Importing or exporting explosives
- Manufacturing explosives
- Operating a mobile processing unit
- Selling explosives
- Transporting explosives
- Using explosives or fireworks
Guidance notes for approvals processes for explosives is available from DMP's Resources Safety Division (RSD).
Storage of Dangerous Goods (other then explosives)
A licence is required from the Chief Inspector of Explosives and Dangerous Goods for any premises storing and handling dangerous goods in excess of quantities prescribed in the Guidance Notes (Section 301). To determine if premises require licensing, a storage factor must be calculated (Section 2.0 of the Guidance Notes). If the storage factor is greater then 1000, licensing is required.
Guidance notes for approvals processes for storage of dangerous goods are available from DMP's Resources Safety Division (RSD).
Transport of Dangerous Goods
The Dangerous Goods (Transport) Act 1998 (WA) states that vehicles transporting dangerous goods and their drivers must be licensed in accordance with the Act and regulations. Guidance material on the correct procedures for transporting dangerous goods is available from RSD.
Dangerous Goods in Ports
The Dangerous Goods (Transport) (Dangerous Goods in Ports) Regulations 2001 (WA) specify procedures for moving dangerous goods within a port facility. A Special Berth approval is required if a berth is to handle quantities of explosives, ammonium nitrate, or calcium hypochlorite in excess of amounts specified in Australian Standard AS3846.1998.
Approval is also required for the temporary storage of excessive quantities of dangerous goods at a berth for up to five days.
Guidance material on the procedures and approvals required is available from DMP's Resources Safety Division (RSD).
Major Hazards Facilities
The operation of MHF in Western Australia is regulated and administered under the Explosives and Dangerous Goods Act 1961 (WA). This Act makes provision for licensing of dangerous goods facilities and allows the Chief Inspector to give directions, and apply licence conditions, relating to MHFs. Classification of a premises as a MHF is based on the quantity of 'Schedule 1' materials (specified in the National Standard publication, Control of Major Hazard Facilities - NOHSC:1014 (2002)) handled and stored in the facility. Any amounts of Schedule 1 materials contained or likely to be contained within pipe work or process vessels, as well as materials being stored, are used in the determination (see pages 23-33 of the publication).
For proposals where Schedule 1 materials will be stored or present in excess of 10% of the specified quantities, notification to RSD should be forwarded at least 24 weeks prior to commencement of construction, and preferably in the agency scoping stage of project development.
