Environmental Protection (Clearing of Native Vegetation) Amendment Regulations (No. 4) 2006 (WA)

7 July 2006 GOVERNMENT GAZETTE, WA 2499

EV301*

Environmental Protection Act 1986

Environmental Protection (Clearing of

Native Vegetation) Amendment

Regulations (No. 4) 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Environmental Protection (Clearing of
Native Vegetation) Amendment Regulations (No. 4) 2006.

2.            The regulations amended

The amendments in these regulations are to the Environmental Protection (Clearing of Native Vegetation) Regulations 2004*.

[* Published in Gazette 30 June 2004, p. 2587-623.

railway;

For amendments to 23 June 2006 see Western Australian and Gazette 6 January and 31 March 2006.]

3. Regulation 3 amended
Regulation 3 is amended as follows:

(a) in the definition of "limited clearing" by deleting "section" and inserting instead —

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regulation ";

(b) by inserting in the appropriate alphabetical position

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"sight line area" means an area between the edge of a

stretch of road or railway and a line of sight
necessary for the safe use of the stretch of road or

2500 GOVERNMENT GAZETTE, WA 7 July 2006

4.             Regulation 5 amended

(1)	Regulation 5(1) is amended in item 21 of the Table to the subregulation by inserting after "road" in the first place where it occurs -
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(whether public or private) ".

(2)	Regulation 5(1) is amended in the Table to the subregulation by inserting after item 21 the following item -
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21A Clearing for a crossover

Clearing that is the result of The person with the

constructing a crossover from a road to authority to construct

a property adjacent to the road, and	the crossover.
any associated sight line areas, if the construction is within the scope of the authority to construct the crossover.

(3) Regulation 5(1) is amended in item 22 of the 'Fable to the
subregulation as follows:

(a)

in the heading to the item by inserting after " for maintenance

(b) in column 2 by inserting after "road" -

(whether public or private)

(c)	by inserting after "clearing is" - " carried out ";
(d)	after each of paragraphs (a) and (b) by inserting -

and ";

(e)	at the end of paragraph (c) by deleting"; and" and inserting a full stop instead;
(f)	by deleting paragraph (d).

kP	Schedule 2 amended
(1)	The heading to Schedule 2 is amended by inserting after "Clearing" -
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for maintenance

(2) Schedule 2 clause 1 is amended as follows:

(a) by inserting in the appropriate alphabetical positions -

"

"crossover area" means the area occupied by a crossover from a road to a property adjacent to the road and any associated sight line areas;

"previously cleared" has a meaning that is affected by

clause 2(2);

7 July 2006 GOVERNMENT GAZETTE, WA 2501

(b) in the definition of "public roadside facility" by " or a footpath or cycle track in the road reserve ";

(c) in the definition of "transport corridor infrastructure" by " , in relation to a stretch of road or railway, ";

(d) in the definition of "transport corridor infrastructure" by " works. ";

(e) by deleting the definition of "sight line area".

(3) Schedule 2 clause 2 is amended as follows:

(a) by inserting before "For" the subclause designation

“(1),,;

(b) by inserting after "item 22 are" -

44 , subject to subclause (2), ";

(c)	by deleting "clause" and inserting instead — " subclause ";
(d)	in the Table to the clause by inserting before the item relating to lateral clearance areas the following item -

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crossover area clearing to the extent previously
cleared for the area.

(e) in the Table to the clause, in the item relating to " and safety ";
maintenance and protection of transport corridor

(0 at the end of the clause the following subclause is

inserted —

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(2) An extent of clearing that is specified in the Table to	subclause (1) by reference to previous clearing is so
specified if and only if —

(a)	the previous clearing took place within the 10 years immediately prior to the proposed clearing; and
(b)	either —

(i)      the previous clearing was lawful; or

(ii)      the person clearing does not know, and cannot reasonably be expected to know, whether the previous clearing was lawful.

(4) Schedule 2 clause 3(b) is amended by deleting "21" and

inserting instead —

" 90 ".

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.