The Western Australian Government Environmental Offsets Policy commits to the development of a public Environmental Offsets Register as part of the state government’s commitment to approvals reform. The Environmental Offsets Register provides a central public record of all offset agreements in Western Australia, contributing to the broader objectives of transparency and accountability. Environmental offsets are most often applied to proposals subject to environmental impact assessment and as a condition of permits for clearing of native vegetation under the Environmental Protection Act 1986 (EP Act), but may be considered in relation to other legislation.
On 1 July 2013, the former Department of Environment and Conservation (DEC) separated into the Department of Environment Regulation (DER) and the Department of Parks and Wildlife (DPaW).
On 1 July 2017, DER merged with the Department of Water (DoW) and the Office of the Environmental Protection Authority (OEPA) to become the Department of Water and Environmental Regulation (DWER). On 1 July 2017 DPaW also became the Department of Biodiversity, Conservation and Attractions (DBCA).
Any reference to former departments retained in this site pertains to historical or record-keeping accuracy.
The Environmental Protection Authority (EPA), supported by DWER, undertakes environmental impact assessment of proposals likely, if implemented, to have a significant effect on the environment under Part IV of the EP Act. The EPA publishes public advice on whether a significant proposal or scheme should be implemented, and if so, what conditions should apply. The Minister sets conditions that apply to a proposal or scheme that may be implemented following consultation and agreement with other decision-making Ministers. These conditions may include requirements for a diverse range of offsets, with multiple deliverers. Offsets range from implementation of direct actions, to contribution of funding to third parties or trusts for research or management activities. The conditions generally specify the nature, value, timing, responsibility, and governance arrangements for implementation of offsets.
DWER also administers the clearing provisions under Part V Division 2 (Clearing of native vegetation) of the EP Act. Clearing permits may be subject to offset conditions to "establish and maintain vegetation on land other than land cleared under the permit in order to offset the loss of the cleared vegetation, or make monetary contributions to a fund maintained for the purpose of establishing or maintaining vegetation".
DBCA administers the Conservation and Land Management Act 1984 and the Biodiversity Conservation Act 2016, which replaced the Wildlife Conservation Act 1950, under which offsets have also been imposed.
In addition, DBCA provides specialist advice and information on biodiversity and offsets to the EPA for its assessments under Part IV of the EP Act, to the Commonwealth Department of the Environment and Energy under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 and to proponents. DBCA may also implement offsets that arise as outcomes of these processes.
For further information, please contact the Department:
Department of Biodiversity, Conservation and Attractions
17 Dick Perry Avenue, Kensington
Locked Bag 104
Bentley Delivery Centre WA 6983
P: +61 (08) 9219 9000
W: www.dbca.wa.gov.au
Other State Government agencies have a responsibility to implement the WA Government Environmental Offsets Policy. These agencies also have a legislative responsibility under section 38(5) of the EP Act. Under this section, a decision-making authority that has notice of a proposal that appears to it to be a significant proposal or a proposal of a prescribed class is to refer the proposal to the EPA for a decision on whether or not it requires assessment under the EP Act.
Under section 48A of the EP Act and section 81 of the Planning and Development Act 2005, all statutory planning schemes and their amendments are required to be referred to the EPA under section 48A of the EP Act by the responsible authority (Local Government Authority or the Western Australian Planning Commission).
For further information please contact the Department:
Department of Planning, Lands and Heritage
140 William Street, Perth
Locked Bag 2506
Perth WA 6001
P: +61 (08) 6551 8002.
W: www.dplh.wa.gov.au
The Department of Mines, Industry Regulation and Safety (DMIRS) has been delegated the clearing provisions of the EP Act for clearing related to mining and petroleum activities regulated under the Mining Act 1978, various Petroleum Acts and State agreements administered by the Department of Jobs, Tourism, Science and Innovation.
For further information please contact the Department:
Department of Mines, Industry Regulation and Safety
Mineral House, 100 Plain Street
East Perth WA 6004
P: +61 (08) 9222 3333
W: www.dmirs.wa.gov.au
