Secondary Approvals

Under the Western Australian 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 existance 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 protestion 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 ecologial communiteies (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.

Back to top

The Department of Environment and Conservation (DEC) regulates the use of water in Western Australia under the Rights in Water and Irrigation Act 1914 (WA) (RIAI Act). There are 52 groundwater and 22 surface water management areas proclaimed under the Act. These cover the major water resources of the State and licensing is needed in most areas.

Well licences are required, under Section 26D of the RIWI Act, to construct or alter any artesian well, and non-artesian wells in proclaimed areas (land covered by the Act). However, a Section 26D well licence does not, on its own, give the right to take water.

A well is defined as 'an opening in the ground made or used to obtain underground water.'

Permits allow holders to obstruct or interfere with the bed or banks of a watercourse to which there is access by a public road or reserve, or to build or alter a dam on a proclaimed or prescribed watercourse or wetland. As with a Section 26D well licence, a permit issued under Section 10, Section 17 or Section 21A does not, on its own, give the right to take water collected by the activity authorised by the permit.

Licences to take water (Section 5C) allow holders to take water in proclaimed or prescribed areas. This includes taking water from artesian wells throughout the State, or from within proclaimed groundwater and surface water areas.

On land that has not been proclaimed, water can be taken from a watercourse without a licence to take water, so long as the flow is not 'sensibly' diminished, thereby affecting the rights of downstream users. If conflicts arise, DEC can issue a direction defining the amount, the purpose, and the way water may be taken.

A public advertisement outlining the proposals contained in an application is required if a development will potentially have a significant impact on a water resource.

These impacts include:

• The taking of water from a watercourse
• The modification of a watercourse
• Pumping more the 100 000 kl per year of groundwater

The public, other stakeholders, and Decision Making Authorities have the right to make submissions and raise objections. Licence conditions cannot be finalised until the issues raised have been resolved. If the final licence conditions are met, the licence will be granted and the proponent notified in writing.

The Department of Water will not normally issue new water entitlements when water from an area is fully allocated. In this case it will be necessary to transfer (trade) current entitlements.

Being granted a permit or licence does not necessarily mean modifications or obstructions can be made. In cases that are assessed as likely to have significant impact on a watercourse or wetland, environmental and native title and heritage issues need also to be addressed.

Additional information on these issues may need to be obtained from DOW or Landgate.

More detailed information including forms and policy statements is available from the Water section of the Department of Water.

Back to top