Development (Commercial Forestry) Variation Regulations 2014 (SA)

South Australia

Development (Commercial Forestry) Variation Regulations 2014

under the Development Act 1993

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Development Regulations 2008

4            Variation of Schedule 8—Referrals and concurrences

Part 1—Preliminary

1—Short title

These regulations may be cited as the Development (Commercial Forestry) Variation Regulations 2014.

2—Commencement

These regulations will come into operation on 1 July 2014.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Development Regulations 2008

4—Variation of Schedule 8—Referrals and concurrences

1. Schedule 8, clause 1(1)—after the definition of commercial forest insert:

   forest vegetation means trees and other forms of forest vegetation including—

   (a)roots or other parts of the trees or other forest vegetation that lie beneath the soil; and

   (b)leaves, branches or other parts or products of trees or other forest vegetation;

2. Schedule 8, clause 1(3)—delete subclause (3)

3. Schedule 8, clause 2, table, item 12(2)—delete subclause (2) and substitute:

(2) Development, other than development within a River Murray Protection Area under the River Murray Act 2003, that involves a change in use of land for the purposes of undertaking commercial forestry for which a permit would be required under section 127(3) of the Natural Resources Management Act 2004 by virtue of the operation of section 127(5)(ja) of that Act, if it were not for the operation of section 129(1)(e) of that Act (on the basis that the referral required by virtue of this item operates in conjunction with section 129(1)(e) of that Act) Relevant authority under the Natural Resources Management Act 2004 who would, if it were not for the operation of section 129(1)(e) of that Act, have the authority under that Act to grant or refuse the permit referred to in column 1 6 weeks Direction

1. Schedule 8, clause 2, table, item 12A, column 1—after paragraph (b) insert:

   or

   (c)the development requires a forest water licence under Chapter 7 Part 5A of the Natural Resources Management Act 2004

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 26 June 2014

No 190 of 2014

14MSECCS007