Development (Referrals—Commercial Forestry) Variation Regulations 2004 (SA)

South Australia

Development (Referrals—Commercial Forestry) Variation Regulations 2004

under the Development Act 1993

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Development Regulations 1993

1. Variation of Schedule 8

Part 1—Preliminary

1—Short title

These regulations may be cited as the Development (Referrals—Commercial Forestry) Variation Regulations 2004.

2—Commencement

These regulations will come into operation on the day on which they are made.

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 1993

4—Variation of Schedule 8

1. Schedule 8, clause 1(1)—after the definition of coastal land insert:

   commercial forest means a forest plantation where the forest vegetation is grown or maintained so that it can be harvested or used for commercial purposes (including through the commercial exploitation of the carbon absorption capacity of the forest vegetation);

2. Schedule 8, clause 1—after subclause (2) insert:

   (2a)For the purposes of item 12(2), the prescribed areas are as follows:

   (a)the whole of the area of the District Council of Grant;

   (b)the whole of the area of The District Council of Robe;

   (c)the whole of the area of the Wattle Range Council;

   (d)that part of the area of the Naracoorte Lucindale Council comprising the Hundreds of Fox, Coles, Townsend, Conmurra, Joyce, Spence, Robertson, Naracoorte, Jessie and Joanna;

   (e)that part of the area of the Kingston District Council comprising the Hundreds of Mount Benson and Bowaka.

3. Schedule 8, item 12—after its present contents (now to be designated as subclause (1)) insert the following under the relevant headings (which headings appear in italics in the following table for reference purposes only):

Development	Body	Period	Conditions
(2) Development that involves a change in the use of land for the purposes of establishing or expanding a commercial forest within a prescribed area under clause 1(2a) where a permit would be required under section 9(3) of the Water Resources Act 1997 by virtue of the operation of regulation 13AB of the Water Resources Regulations 1997 if it were not for the operation of section 12(1)(d) of that Act	Minister responsible for the administration of the Water Resources Act 1997	Six weeks	Direction

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 3 June 2004

No 128 of 2004

MEC0032/04CS