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The Commonwealth of Australia and Western Australia have entered into a bilateral agreement under the Environment Protection and Biodiversity Conservation Act 1999 (Cwth) (EPBC Act) relating to environmental assessment (assessment bilateral agreement). Specifically, the agreement includes the clearing permit assessment process under Part V Division 2 of the Environmental Protection Act 1986 (EP Act).

The assessment bilateral agreement allows the state to conduct environmental assessments on behalf of the Commonwealth, removing duplication including the need for a separate Commonwealth assessment.

The assessment bilateral agreement commenced on 1 January 2015.

The final assessment bilateral agreement can be viewed below and on the Commonwealth’s Department of the Environment website.

For more information, refer to frequently asked questions, email This email address is being protected from spambots. You need JavaScript enabled to view it. or ring the Department of Environment Regulation (DER) on (08) 6467 5000.

Applications under the assessment bilateral agreement

Clearing actions intended to be assessed under the assessment bilateral agreement must initially be referred by the applicant to the Commonwealth Department of the Environment using the relevant forms at www.environment.gov.au.

After the Commonwealth Minister for the Environment determines that the clearing action is a controlled action, the applicant must submit a clearing permit application using the DER application forms below and Annex C7.  Clearing permit applications assessed under the assessment bilateral agreement must be supported by a document describing:

  • the proposed clearing action;
  • likely relevant impacts on the matters of national environmental significance;
  • feasible alternatives to the proposed clearing action;
  • mitigation measures; and
  • assessment of the relevant impacts of the clearing.

Forms and information