When does the bilateral agreement commence?

The bilateral agreement commenced on 1 January 2015.

What processes does the bilateral agreement cover?

The bilateral agreement accredits the native vegetation clearing permit assessment processes under Part V Division 2 of the Environmental Protection Act 1986 (EP Act).

The bilateral agreement also accredits the Environmental Protection Authority’s (EPA’s) Public Environmental Review (PER) and Assessment on Proponent Information—Category A (API-A) levels of assessment.

What does the agreement mean?

Accreditation allows DWER to assess the impacts of clearing on relevant matters of national environmental significance while undertaking an EP Act clearing permit assessment. The CEO of DWER will make a decision under the EP Act on the clearing application and provide the assessment report to the Commonwealth Minister for the Environment for an approval decision under the EPBC Act. This means duplication of assessment is avoided.

Does the bilateral agreement apply to all clearing applications?

The bilateral agreement may apply to clearing applications which have or are likely to have a significant impact on a matter of national environmental significance and have been determined by the Commonwealth Minister for the Environment to be a controlled action.

If you are unsure if your clearing action is likely to have a significant impact on a matter of national environmental significance, refer the clearing action to the Commonwealth Department of the Environment. Further information is available at www.environment.gov.au.

Will the bilateral agreement apply to clearing applications under assessment prior to the commencement of the agreement?

The bilateral agreement does not apply to clearing applications already under assessment by DWER.

It does apply to clearing applications determined to be a controlled action by the Commonwealth Minister for the Environment after the commencement date.

What about clearing applications for mining and petroleum related activities?

The Department of Mines and Petroleum (DMP) has delegated authority to administer the clearing provisions for mining and petroleum activities. Clearing permit applications assessed by DMP under delegation can also be assessed under the bilateral agreement, where applicable.

How can my clearing permit application be assessed under the bilateral agreement?

Proposed clearing actions that have or are likely to have a significant impact on a matter of national environmental significance must initially still be referred to the Commonwealth under the EPBC Act.

The opportunity for a clearing application to be assessed by DWER under the bilateral agreement depends on the timing of the alignment of the referral to the Commonwealth and clearing application to DER.

What is happening with the bilateral agreement for environmental approval?

WA is still negotiating an approval bilateral agreement with the Commonwealth. A draft approval bilateral agreement will be available for public comment before the approval bilateral agreement is finalised.

Where can I obtain more information?

Further information including:

• a factsheet and guide on native vegetation clearing permit processes under the bilateral agreement;
• a guide to the assessment of applications to clear native vegetation; and
• updated clearing permit application forms 

is available under Assessment Bilateral Agreement.

Who can I contact?

For further information on native vegetation assessment processes under the bilateral agreement, contact DWER on (08) 6467 5000 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

For further information on EPA processes, refer to the EPA website or contact the Office of the Environmental Protection Authority on (08) 6145 0842 or email This email address is being protected from spambots. You need JavaScript enabled to view it..