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<craig.edwards@DER.wa.gov.au>
Subject: RE: unauthorised clearing at the TollMermaid site
Date: 27 November 2013 3:07:40 PM AWST
Apologies for not having responded to your email of 15
November, however hopefully you received the out of
office advice that I was on leave until 25 November. I
have since conducted a review of this complaint
including actions undertaken by the Broome office of
the then Department of Environment and
Conservation (DEC now Department of Environment
Regulation DER). The alleged unlawful clearing has
been assessed against the ten clearing principles,
used during the assessment process for any permit
application. It has also been assessed against the
Enforcement and Prosecution Policy of DER.
In this instance the outcome determined is a letter of
education being sent to the occupiers of the land, Toll
Mermaid. The clearing they conducted was
approximately 0.9hectares in total. It is of importance
to note that at the time of the clearing, the monsoon
vine thicket vegetation had not been listed under the
Commonwealth legislation, and was not listed as a
threatened ecological community under Western
Australian legislation the Environmental Protection
Act 1986 (the EP Act).
There was limited clearing of native vegetation on the
property which could be conducted under exemption
via the EP Act, or the Environmental Protection
(Clearing of Native Vegetation) Regulations 2004 (the
Regulations). This clearing had to be for a purpose
defined within the regulations or the EP Act, and could
not exceed one hectare in any year. Exemptions
Craig Edwards
Senior Investigator
Compliance and Audit Section
Native Vegetation Conservation Branch
.
.
(p) 6467 5047
(f) 6467 5532
(e) craig.edwards@der.wa.gov.au