Landscape South Australia Act 2019 (SA)

Case
No judgment structure available for this case.

South Australia

Landscape South Australia Act 2019

An Act to promote sustainable and integrated management of the State's landscapes, to make provision for the protection of the State's natural resources, and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1PreliminaryDivision 1Preliminary1Short title

This Act may be cited as the Landscape South Australia Act 2019.

3Interpretation
  1. (1)

    In this Act, unless the contrary intention appears—

animal means a live vertebrate or invertebrate animal and includes the eggs or semen of such an animal, but does not include any animal of a class excluded from the ambit of this definition by the regulations;

animal‑proof fence means a fence that complies with the prescribed requirements for an animal‑proof fence;

annual business plan means the annual business plan of a regional landscape board under section 51;

annual value means annual value as defined in the Valuation of Land Act 1971;

appointed member, of a regional landscape board, means a person appointed to the board by the Minister under section 15;

approved account means an account designated by the Minister as an approved account for the purposes of this Act, or a specified provision of this Act;

authorised officer means a person appointed as an authorised officer under Part 10;

biological diversity or biodiversity means the variety of life forms represented by plants, animals and other organisms and micro-organisms, the genes that they contain, and the ecosystems and ecosystem processes of which they form a part;

business day means any day except—

  1. (a)

    a Saturday, Sunday or public holiday; or

  2. (b)

    a day which falls between 25 December and 1 January in the following year;

capital value means capital value as defined in the Valuation of Land Act 1971;

channel includes—

  1. (a)

    a drain, gutter or pipe; and

  2. (b)

    part of a channel;

Chief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position;

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);

constituent council means, in relation to a regional landscape board, or the region of a regional landscape board, a council whose area, or part of whose area, comprises or is included in the region of the regional landscape board;

construct includes erect, alter, reduce, enlarge, repair or excavate;

consumptive pool means the water that will from time to time be taken to constitute the resource within a particular part of a prescribed water resource for the purposes of Part 8, as determined—

  1. (a)

    by or under a water allocation plan for that water resource; or

  2. (b)

    in prescribed circumstances—by the Minister;

control means—

  1. (a)

    in relation to a particular class of animals, any of the following:

    1. (i)

      destroy the animals and their warrens, burrows, nests or harbours (whether occupied or not);

    2. (ii)

      reduce the extent to which land is inhabited or subject to infestation by the animals;

    3. (iii)

      undertake any other prescribed action,

as far as is reasonably achievable;

  1. (b)

    in relation to a particular class of plants, any of the following:

    1. (i)

      destroy the plants;

    2. (ii)

      reduce and inhibit the propagation of the plants;

    3. (iii)

      prevent the spread of the plants;

    4. (iv)

      undertake any other prescribed action,

as far as is reasonably achievable;

council means a council within the meaning of the Local Government Act 1999;

council subsidiary means a subsidiary established under Schedule 2 of the Local Government Act 1999;

CPI means the Consumer Price Index (All groups index for Adelaide);

declared forestry area means a declared forestry area under section 165;

delivery capacity entitlement means a delivery capacity entitlement issued under Part 8 Division 3 Subdivision 5;

Department means the administrative unit designated from time to time by the Minister by notice in the Gazette as being the Department primarily responsible for assisting a Minister in the administration of this Act;

designated entity for Part 4 Division 2 or Division 3, or Part 8—see section 52;

dingo includes an animal that is a cross of a dingo;

dog fence means the primary dog fence established under the Dog Fence Act 1946;

domestic activity means an activity undertaken for a domestic purpose;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

domestic purpose in relation to the taking of water does not include—

  1. (a)

    taking water for the purpose of watering or irrigating land, other than land used solely in connection with a dwelling; or

  2. (b)

    without limiting paragraph (a)—taking water for the purpose of watering or irrigating more than 0.4 of a hectare of land; or

  3. (c)

    taking water to be used in carrying on a business (except for the personal use of persons employed in the business);

domestic wastewater means—

  1. (a)

    water used in the disposal of human waste; and

  2. (b)

    water used for personal washing; and

  3. (c)

    water used for washing clothes or dishes; and

  4. (d)

    water used in a swimming pool;

to drill in relation to a well means to drill the well or to excavate the well in any other manner and includes to deepen or widen an existing well;

ecosystem means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit;

effluent means domestic wastewater or industrial wastewater;

elected member, of a regional landscape board, means a person elected to the board under section 15(1)(b);

eligible elector, in relation to an election of members of a regional landscape board, means a person who, according to the scheme prescribed by the regulations under section 17, is recognised as an eligible elector for the purposes of the election;

ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;

estuary means a partially enclosed coastal body of water that is permanently, periodically, intermittently or occasionally open to the sea within which there is a measurable variation in salinity due to the mixture of seawater with water derived from or under the land;

floodplain means any area of land adjacent to a watercourse, lake or estuary that is periodically inundated with water and includes any other area designated as a floodplain—

  1. (a)

    by a regional landscape plan, a water allocation plan or a water affecting activities control policy; or

  2. (b)

    by the Planning and Design Code under the Planning, Development and Infrastructure Act 2016;

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

  1. (a)

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

  2. (b)

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

forest water licence means a licence granted by the Minister under Part 8 Division 6;

general manager means the general manager of a regional landscape board and includes a person acting in the office of general manager;

general rate means a general rate under section 152 of the Local Government Act 1999;

general statutory duty means the duty under section 8;

industrial wastewater means water (not being domestic wastewater) that has been used in the course of carrying on a business (including water used in the watering or irrigation of plants) that has been allowed to run to waste or has been disposed of or has been collected for disposal;

infrastructure includes—

  1. (a)

    artificial lakes; and

  2. (b)

    dams or reservoirs; and

  3. (c)

    embankments, walls, channels or other works or earthworks; and

  4. (d)

    bridges and culverts; and

  5. (e)

    buildings or structures; and

  6. (f)

    roads; and

  7. (g)

    pipes, machinery or other plant or equipment; and

  8. (h)

    any device; and

  9. (i)

    any item or thing used in connection with—

    1. (i)

      testing, monitoring, protecting, enhancing or re-establishing any natural resource, or any aspect of a natural resource; or

    2. (ii)

      any other program or initiative associated with the management of a natural resource; and

  10. (j)

    other items brought within the ambit of this definition by the regulations;

intensive farming means a method of keeping animals in the course of carrying on the business of primary production in which the animals are usually confined to a small space or area and usually fed by hand or by a mechanical means;

Interstate Water Entitlements Transfer Scheme or IWETS means—

  1. (a)

    a scheme for the transfer of entitlements between 2 or more States under the Murray‑Darling Basin Agreement; or

  2. (b)

    an agreement between South Australia and 1 or more other States or a Territory entered into under section 154;

keep in captivity—an animal is kept in captivity if it is held in a building or enclosure with security measures designed to ensure that the animal cannot escape (other than in circumstances that cannot be reasonably foreseen and guarded against);

lake means a natural lake, pond, lagoon, wetland or spring (whether modified or not) and includes—

  1. (a)

    part of a lake; and

  2. (b)

    a body of water designated as a lake—

    1. (i)

      by a regional landscape plan, a water allocation plan or a water affecting activities control policy; or

    2. (ii)

      by the Planning and Design Code under the Planning, Development and Infrastructure Act 2016;

land means, according to the context—

  1. (a)

    land as a physical entity, including land under water; or

  2. (b)

    any legal estate or interest in, or right in respect of, land,

and includes any building or structure fixed to land;

landscape or landscapes—see subsection (2);

Landscape Administration Fund means the Landscape Administration Fund established under Part 6 Division 1;

landscape management region or region means a landscape management region established under Part 2 Division 2 Subdivision 1;

Landscape Priorities Fund means the Landscape Priorities Fund established under Part 6 Division 2;

landscapes affecting activities control policy means a landscapes affecting activities control policy prepared by a regional landscapes board under section 33;

LGA means the Local Government Association of South Australia;

licensed well driller means a person who holds a licence under Part 8 to drill wells;

management agreement means an agreement under Part 12;

management zone means an area identified in a water allocation plan as a management zone for the purpose of managing resource conditions and impacts associated with the take, extraction or use of water in, or in association with, that area;

Mining Act means any of the following:

  1. (a)

    the Mining Act 1971, the Opal Mining Act 1995, the Petroleum and Geothermal Energy Act 2000 or the Petroleum (Submerged Lands) Act 1982;

  2. (b)

    the Cooper Basin (Ratification) Act 1975, the Roxby Downs (Indenture Ratification) Act 1982 or the Stony Point (Liquids Project) Ratification Act 1981;

  3. (c)

    any other Act relating to the production, recovery, management, conveyance or delivery of minerals brought within the ambit of this definition by the regulations;

Mount Lofty Ranges Watershed means the area prescribed by regulation for the purposes of this definition;

Murray‑Darling Basin has the same meaning as in the Water Act 2007 of the Commonwealth;

Murray‑Darling Basin Agreement means the Murray‑Darling Basin Agreement, a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time;

native animal means a protected animal within the meaning of the National Parks and Wildlife Act 1972 and any species included in Schedule 10 of that Act, but does not include a dingo or any other animal of a class excluded from the ambit of this definition by the regulations;

native vegetation has the same meaning as in the Native Vegetation Act 1991;

natural resources includes—

  1. (a)

    land and soil; and

  2. (b)

    water resources; and

  3. (c)

    geological features; and

  4. (d)

    native vegetation, native animals and other native organisms; and

  5. (e)

    ecosystems;

occupier of land means a person who has, or is entitled to, possession or control of the land (other than a mortgagee in possession unless the mortgagee has assumed active management of the land), or who is entitled to use the land as the holder of native title in the land;

OC levy means a levy declared under section 71;

owner of land means—

  1. (a)

    if the land is unalienated from the Crown—the Crown; or

  2. (b)

    if the land is alienated from the Crown by grant in fee simple—the owner (at law or in equity) of the estate in fee simple; or

  3. (c)

    if the land is held from the Crown by lease or licence—the lessee or licensee, or a person who has entered into an agreement to acquire the interest of the lessee or licensee; or

  4. (d)

    if the land is held from the Crown under an agreement to purchase—the person who has the right to purchase; or

  5. (e)

    a person who holds native title in the land; or

  6. (f)

    a person who has arrogated to themselves (lawfully or unlawfully) the rights of an owner of the land,

and includes an occupier of the land and any other person of a prescribed class included within the ambit of this definition by the regulations;

pastoral land means land of the Crown that is subject to a pastoral lease;

peak body means—

  1. (a)

    the LGA; and

  2. (b)

    Primary Producers SA Incorporated; and

  3. (c)

    Conservation Council of South Australia Incorporated;

plant means vegetation of any species and includes the seeds and any part of any such vegetation, or any other form of plant material, but does not include any vegetation or material excluded from the ambit of this definition by the regulations;

prescribed lake means a lake declared to be a prescribed lake under section 101;

prescribed watercourse means a watercourse declared to be a prescribed watercourse under section 101;

prescribed water resource includes underground water to which access is obtained by prescribed wells;

prescribed well means a well declared to be a prescribed well under section 101;

private land means land that is not—

  1. (a)

    dedicated land within the meaning of the Crown Land Management Act 2009; or

  2. (b)

    unalienated land of the Crown; or

  3. (c)

    vested in or under the care, control or management of an agency or instrumentality of the Crown; or

  4. (d)

    vested in or under the care, control or management of a council;

public authority means—

  1. (a)

    a Minister; or

  2. (b)

    an agency or instrumentality of the Crown; or

  3. (c)

    a council or council subsidiary;

rateable land means rateable land under the Local Government Act 1999;

record means—

  1. (a)

    a documentary record; or

  2. (b)

    a record made by an electronic, electro-magnetic, photographic or optical process; or

  3. (c)

    any other kind of record;

regional landscape board means a body established under Part 2 Division 2;

regional landscape levy means a levy imposed by a council under section 69;

regional landscape plan means a regional landscape plan prepared by a regional landscape board under Part 4 Division 1;

repealed Act means the Natural Resources Management Act 2004;

River Murray has the same meaning as in the River Murray Act 2003;

River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003;

road reserve means land set aside for the purposes of a public road, whether or not it is being used for that purpose;

SA Water means the South Australian Water Corporation;

Schedule 4 entitlement means—

  1. (a)

    a water licence; or

  2. (b)

    a water access entitlement (or part of a water access entitlement); or

  3. (c)

    a forest water licence; or

  4. (d)

    a water allocation (or part of a water allocation); or

  5. (e)

    a delivery capacity entitlement;

security interest means a mortgage or charge over, or other arrangement of a kind prescribed by the regulations in respect of, a water management authorisation or a forest water licence that secures the payment of a debt or the performance of some other obligation under a contract or other legally enforceable arrangement;

sell includes—

  1. (a)

    barter, offer or attempt to sell; and

  2. (b)

    receive for sale; and

  3. (c)

    have in possession for sale; and

  4. (d)

    cause or permit to be sold or offered for sale; and

  5. (e)

    send, forward or deliver for sale; and

  6. (f)

    dispose of by any method for valuable consideration; and

  7. (g)

    dispose of to an agent for sale on consignment; and

  8. (h)

    sell for the purposes of resale;

site use approval means a site use approval issued under Part 8 Division 3 Subdivision 4;

site value means site value as defined in the Valuation of Land Act 1971;

spouse—a person is the spouse of another if they are legally married;

State includes any part of the sea—

  1. (a)

    that is within the limits of the State; or

  2. (b)

    that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

State Landscape Strategy means the strategy prepared under Part 3;

stormwater infrastructure means infrastructure established for the purposes of stormwater management;

surface water means—

  1. (a)

    water flowing over land (except in a watercourse)—

    1. (i)

      after having fallen as rain or hail or having precipitated in any other manner; or

    2. (ii)

      after rising to the surface naturally from underground; or

  2. (b)

    water of the kind referred to in paragraph (a) that has been collected in a dam or reservoir; or

  3. (c)

    water of the kind referred to in paragraph (a) that is contained in any stormwater infrastructure; or

  4. (d)

    in relation to a surface water prescribed area—water in a prescribed watercourse if the watercourse, or a particular part of a watercourse, is declared by a water allocation plan as forming part of the surface water prescribed area;

surface water prescribed area means a part of the State declared to be a surface water prescribed area under section 101 (including, if relevant, any stormwater infrastructure within that area);

to take water from a water resource includes—

  1. (a)

    to take water by pumping or syphoning the water; and

  2. (b)

    to stop, impede or divert the flow of water over land (whether in a watercourse or not) for the purpose of collecting the water; and

  3. (c)

    to stop, impede or direct the flow of water in any stormwater infrastructure for the purpose of collecting the water, or to extract any water from stormwater infrastructure; and

  4. (d)

    to divert the flow of water in a watercourse from the watercourse; and

  5. (e)

    to release water from a lake; and

  6. (f)

    to permit water to flow under natural pressure from a well; and

  7. (g)

    to permit stock to drink from a watercourse, a natural or artificial lake, a dam or reservoir; and

  8. (h)

    to cause, permit or suffer any activity referred to in a preceding paragraph;

underground water means—

  1. (a)

    water occurring naturally below ground level; or

  2. (b)

    water pumped, diverted or released into a well for storage underground;

vehicle includes any—

  1. (a)

    vessel or craft; and

  2. (b)

    plant or equipment designed to be moved or operated by a driver;

water access entitlement—see section 121(2);

water affecting activities control policy means a water affecting activities control policy prepared by a regional landscape board under section 102;

water allocation—

  1. (a)

    in respect of a water licence, means an allocation of water under the terms of the licence in accordance with Part 8 Division 3 Subdivision 2 and includes, if the context so requires, a component or part of such an allocation, or the water available in connection with the entitlement; and

  2. (b)

    in respect of an Interstate Water Entitlements Transfer Scheme, means an allocation of water under the terms of that scheme and the provisions of Part 8 Division 3 Subdivision 2 and includes, if the context so requires, a component or part of such an allocation, or the water available in connection with the entitlement; and

  3. (c)

    in respect of water taken pursuant to an authorisation under section 105 means the maximum quantity of water that can be taken and used pursuant to the authorisation; and

  4. (d)

    in respect of a forest water licence means the water allocation attached to the licence;

water allocation plan means a water allocation plan prepared under Part 4 Division 2;

watercourse means a river, creek or other natural watercourse (whether modified or not) in which water is contained or flows whether permanently or from time to time and includes—

  1. (a)

    a dam or reservoir that collects water flowing in a watercourse; and

  1. (b)

    a lake through which water flows; and

  2. (c)

    a channel (but not a channel declared by regulation to be excluded from the ambit of this definition) into which the water of a watercourse has been diverted; and

  3. (d)

    part of a watercourse; and

  4. (e)

    an estuary through which water flows; and

  5. (f)

    any other natural resource, or class of natural resource, designated as a watercourse for the purposes of this Act by a regional landscape plan, a water allocation plan or a water affecting activities control policy;

water levy means a levy declared under section 76;

water licence means a licence granted by the Minister under section 121;

water management authorisation means—

  1. (a)

    a water licence; or

  2. (b)

    a water allocation; or

  3. (c)

    a site use approval; or

  4. (d)

    a water resource works approval; or

  5. (e)

    a delivery capacity entitlement;

The Water Register—see section 241;

water resource means a watercourse or lake, surface water, underground water, stormwater (to the extent that it is not within a preceding item) and effluent;

water resource works approval means a water resource works approval issued under Part 8 Division 3 Subdivision 3;

well means—

  1. (a)

    an opening in the ground excavated for the purpose of obtaining access to underground water; or

  2. (b)

    an opening in the ground excavated for some other purpose but that gives access to underground water; or

  3. (c)

    a natural opening in the ground that gives access to underground water;

wetland means an area that comprises land that is permanently or periodically inundated with water (whether through a natural or artificial process) where the water may be static or flowing and may range from fresh water to saline water and where the inundation with water influences the biota or ecological processes (whether permanently or from time to time) and includes any other area designated as a wetland—

  1. (a)

    by a regional landscape plan, a water allocation plan or a water affecting activities control policy; or

  2. (b)

    by the Planning and Design Code under the Planning, Development and Infrastructure Act 2016,

but does not include—

  1. (c)

    a dam or reservoir that has been constructed by a person wholly or predominantly for the provision of water for primary production or human consumption; or

  2. (d)

    an area within an estuary or within any part of the sea; or

  3. (e)

    an area excluded from the ambit of this definition by the regulations;

works means—

  1. (a)

    dams or reservoirs;

  2. (b)

    wells or channels;

  3. (c)

    pumps, pumping stations, pipes or tanks;

  4. (d)

    drains, machinery or other plant or equipment;

  5. (e)

    other forms of structures or apparatus;

  6. (f)

    other items brought within the ambit of this definition by the regulations,

whether on, above or under land, but does not include any items excluded from the ambit of this definition by the regulations.

  1. (2)

    For the purposes of this Act, a landscape or landscapes comprise—

    1. (a)

      natural and physical features, including coasts and seas; and

    2. (b)

      natural resources; and

    3. (c)

      human values and uses related to interaction with the environment, including environmental, social, cultural and economic values.

  2. (3)

    For the purposes of this Act—

    1. (a)

      a reference to land in the context of the physical entity includes all aspects of land, including the soil, organisms and other components and ecosystems that contribute to the physical state and environmental, social, cultural and economic value of land; and

    2. (b)

      a reference to a water resource includes all aspects of a water resource, including the water, organisms and other components and ecosystems that contribute to the physical state and environmental, social, cultural and economic value of a water resource.

  3. (4)

    For the purposes of this Act—

    1. (a)

      a reference to a watercourse is a reference to either—

      1. (i)

        the bed and banks of the watercourse (as they may exist from time to time); or

      2. (ii)

        the water for the time being within the bed and banks of the watercourse (as they may exist from time to time),

    or both, depending on the context;

    1. (b)

      a reference to a lake is a reference to either—

      1. (i)

        the bed, banks and shores of the lake (as they may exist from time to time); or

      2. (ii)

        the water for the time being held by the bed, banks and shores of the lake (as they may exist from time to time),

    or both, depending on the context.

  4. (5)

    For the purposes of this Act, a reference to an estuary may include, according to the context, a reference to—

    1. (a)

      any ecosystem processes or biodiversity associated with an estuary; and

    2. (b)

      estuarine habitats adjacent to an estuary.

  5. (6)

    A reference in this Act to varying a water management authorisation (in any of its forms) includes a reference to varying the conditions attached to the particular water management authorisation.

  6. (7)

    The conditions of an authorisation or permit under this Act may be varied by the addition, substitution or deletion of 1 or more conditions.

  7. (8)

    For the purposes of this Act, native vegetation is cleared (or would be cleared) if the relevant activity constitutes (or would constitute) clearance of the native vegetation under the Native Vegetation Act 1991.

  8. (9)

    A regulation, regional landscape plan, water allocation plan or water affecting activities control policy, or the Planning and Design Code under the Planning, Development and Infrastructure Act 2016, may make a designation for the purposes of a definition under this section by the use of a map or maps prescribed by the regulation or included in the plan (as the case may be).

  9. (10)

    For the purposes of this Act, a person is an associate of another if—

    1. (a)

      they are partners; or

    2. (b)

      one is a spouse, domestic partner, parent or child of another; or

    3. (c)

      they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or

    4. (d)

      one is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or

    5. (e)

      one is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate or other entity; or

    6. (f)

      they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or

    7. (g)

      a chain of relationships can be traced between them under any one or more of the preceding paragraphs.

  10. (11)

    For the purposes of subsection (10), a beneficiary of a trust includes an object of a discretionary trust.

4Interaction with other Acts
  1. (1)

    Except where the contrary intention is expressed in this or any other Act, this Act is in addition to and does not limit or derogate from the provisions of any other Act.

  2. (2)

    This Act is subject to the following Acts and agreements:

    1. (a)

      the Murray‑Darling Basin Agreement;

    2. (b)

      the Border Groundwater Agreement (as amended from time to time) approved by the Groundwater (Border Agreement) Act 1985;

    3. (c)

      the Lake Eyre Basin Intergovernmental Agreement (as amended from time to time) ratified and approved under the Lake Eyre Basin (Intergovernmental Agreement) Act 2001;

    4. (d)

      the indenture (as amended from time to time) ratified and approved by the Roxby Downs (Indenture Ratification) Act 1982.

  3. (3)

    Section 8 and Part 7 do not apply in relation to any minerals or other substances or facilities administered under a Mining Act, or any activity conducted under a tenement granted under a Mining Act.

5Territorial and extra-territorial operation of Act
  1. (1)

    Subject to this section, this Act applies to the whole of the State.

  2. (2)

    The Governor may, by regulation, exclude a part of the State from the operation of this Act, or specified provisions of this Act.

  3. (3)

    This Act extends to an activity or circumstance undertaken or existing outside the State that may affect the natural resources of the State.

  4. (4)

    This Act may also apply so as to give effect within the State or outside the State to any intergovernmental agreement relevant to the operation of this Act to which the State is a party.

6Act binds Crown
  1. (1)

    This Act binds the Crown in right of this State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown.

  2. (2)

    Without limiting or derogating from subsection (1), all agencies and instrumentalities of the Crown must endeavour, as far as practicable, to act consistently with the State Landscape Strategy and other relevant plans under this Act.

Division 2Objects, principles and general statutory duties7Objects and principles
  1. (1)

    The objects of this Act include to support and enhance ecologically sustainable development by establishing an integrated scheme to promote the use and management of the natural resources that make up or contribute to our State's landscape in an integrated manner that—

    1. (a)

      recognises and protects the intrinsic values of landscapes and recognises the interconnection between different elements of landscapes, including in relation to various aspects of the State's natural resources; and

    2. (b)

      supports the State's primary production and other industries and a sustainable State economy, supports resilient communities and natural and built environments, and supports the interests of Aboriginal peoples; and

    3. (c)

      provides for the protection, enhancement, restoration and sustainable management of—

      1. (i)

        land, soil and water resources; and

      2. (ii)

        native fauna and flora,

    especially so that they are resilient in the face of change; and

    1. (d)

      promotes, protects and conserves biodiversity, and insofar as is reasonably practicable, supports and encourages the restoration or rehabilitation of ecological systems and processes that have been lost or degraded, and promotes the health of ecosystems so that they are resilient in the face of change; and

    2. (e)

      recognises that climate change is a significant factor in our environment (including a recognition of the need for mitigation and adaptation); and

    3. (f)

      provides for the prevention or control of impacts caused by pest species of animals and plants that may have an adverse effect on the environment, primary production or the community; and

    4. (g)

      promotes the collaborative management of native animals that adversely affect the natural or built environments, people or primary production or other industries; and

    5. (h)

      provides educational initiatives and provides support mechanisms to strengthen the skills, knowledge and capacity of people to sustainably manage natural resources; and

    6. (i)

      supports initiatives or action to facilitate the increased capacity of people to engage in processes under this Act, including through the provision of information relevant to the protection, enhancement or management of landscapes.

  2. (2)

    For the purposes of subsection (1), ecologically sustainable development comprises the use, reuse, conservation, development and enhancement of natural resources and landscapes in a way, and at a rate, that will enable people and communities to provide for their economic, social, cultural and physical well-being while—

    1. (a)

      sustaining the potential of landscapes, including natural resources, to meet the reasonably foreseeable needs of future generations; and

    2. (b)

      safeguarding the life-supporting capacities of natural resources and landscapes; and

    3. (c)

      avoiding, remedying or mitigating any adverse effects of activities on natural resources and landscapes.

  3. (3)

    The following principles should be taken into account in connection with achieving ecologically sustainable development for the purposes of this Act:

    1. (a)

      recognition should be given to the spiritual, social, customary and economic significance of landscapes, and especially natural resources, to Aboriginal people;

    2. (b)

      the responsibility to achieve ecologically sustainable development should be seen as a shared responsibility between local, State and the Commonwealth governments, the private sector, and the community more generally, and enduring and effective partnerships should be promoted and supported;

    3. (c)

      the costs associated with managing natural resources and landscapes should be allocated or shared equitably and in a manner that encourages the responsible use of natural resources;

    4. (d)

      environmental factors should be taken into account when valuing or assessing assets or services;

    5. (e)

      decision-making should be informed by local knowledge and expertise, and traditional Aboriginal knowledge, together with the best available science, to achieve a functioning, resilient and productive landscape and avoiding, where practicable, serious or irreversible damage to the environment;

    6. (f)

      consideration should be given to the conservation of biological diversity and ecological integrity;

    7. (g)

      if there are threats of serious or irreversible damage to natural resources or landscapes, lack of full scientific knowledge should not be used as a reason for postponing measures to prevent environmental degradation or damage;

    8. (h)

      decision-making should be informed by long term and short term environmental, social, cultural, economic, equity (including intergenerational equity so that our natural resources and landscapes are maintained or enhanced for the benefit of future generations) and practical considerations, recognising that trade-offs may be necessary;

    9. (i)

      if the management of natural resources associated with the State's landscape requires the taking of remedial action, the first step should, insofar as is reasonably practicable and appropriate, be to encourage those responsible to take such action before resorting to more formal processes and procedures;

    10. (j)

      risk management and regulatory approaches should be proportionate to the risk involved and the feasibility of managing the risk.

  4. (4)

    The Minister, the Court and all other persons or bodies involved in the administration of this Act, or performing, exercising or discharging a function, power or duty under this Act, must have regard to, and seek to further, the objects of this Act.

8General statutory duties
  1. (1)

    A person must act reasonably in relation to the management of natural resources within the State.

  2. (2)

    In determining what is reasonable for the purposes of subsection (1), regard must be had, amongst other things, to the objects of this Act, and to—

    1. (a)

      the need to act responsibly in relation to the management of natural resources, including the protection of biodiversity, and the potential impact of a failure to comply with the relevant duty; and

    2. (b)

      any environmental, social, cultural, economic or practical implications, including in relation to the state of matters regarding biodiversity and any relevant assessment of costs and benefits associated with a particular course of action, the financial implications of various measures or options, and the current state of technical and scientific knowledge; and

    3. (c)

      any degrees of risk that may be involved; and

    4. (d)

      the nature, extent and duration of any harm; and

    5. (e)

      the extent to which a person is responsible for the management of the natural resources including in relation to the environment and its biodiversity; and

    6. (f)

      the significance of the natural resources, including in relation to the environment and its biodiversity and to the economy of the State (if relevant); and

    7. (g)

      the extent to which an act or activity may have a cumulative effect on any natural resources including the environment and its biodiversity; and

    8. (h)

      any pre-existing circumstance, and the state or condition of the natural resources; and

    9. (i)

      any local circumstances as described in subsection (8).

  3. (3)

    A person will be taken not to be in breach of subsection (1) if the person is acting—

    1. (a)

      in pursuance of a requirement under this or any other Act; or

    2. (b)

      in a manner consistent with the relevant regional landscape plan, a water allocation plan, a landscapes affecting activities control policy, a water affecting activities control policy, or any other policy approved by the relevant regional landscape board for the purposes of this section; or

    3. (c)

      in circumstances prescribed by the regulations.

  4. (4)

    Subject to subsections (5) and (6), a person who breaches subsection (1) is not, on account of the breach alone, liable to any civil or criminal action.

  5. (5)

    If a person breaches subsection (1)—

    1. (a)

      the person may be required to prepare and implement an action plan in the circumstances contemplated by Part 7; and

    2. (b)

      compliance with the subsection may be enforced by the issuing of a protection order under Part 10; and

    3. (c)

      a reparation order or reparation authorisation may be issued under Part 10; and

    4. (d)

      an order may be made by the ERD Court under Part 10 in respect of the non-compliance.

  6. (6)

    Subsection (4) does not limit or derogate from any other provision of this Act.

  7. (7)

    In addition, if a person can demonstrate that the person has acted in a manner consistent with any best practice methods or standards, or any guidelines, in the relevant industry or sphere of activity that are recognised as being acceptable for the purposes of subsection (1) by the relevant regional landscape board after taking into account any local circumstances as described in subsection (8), then, to the extent of the consistency, no action can be taken against the person in connection with the operation of this section.

  8. (8)

    For the purposes of subsections (2)(i) and (7), local circumstances are constituted by the local situation, conditions and surrounding circumstances, with regard being given to contributing factors such as climate, the condition of land, land and water use, and degrees of risk and impact.

  9. (9)

    To avoid doubt, a person cannot, in relation to the operation of this section, be held responsible for any condition or circumstance existing before 2 September 2004.

    Note—

    2 September 2004 is the day on which the Natural Resources Management Act 2004 commenced.

Part 2AdministrationDivision 1The Minister9Functions of Minister
  1. (1)

    The functions of the Minister under this Act are—

    1. (a)

      to monitor, evaluate and audit the state and condition of the State's natural resources, coasts and seas; and

    2. (b)

      to report on the state and condition of the State's natural resources, coasts and seas; and

    3. (c)

      to prepare and maintain the State Landscape Strategy; and

    4. (d)

      to develop, implement, apply or co-ordinate policies relating to natural resources management, and to promote sound management programs and practices for the use, development or protection of the natural resources of the State; and

    5. (e)

      to conduct and support research into the preservation, protection, management, enhancement, restoration or rehabilitation of the State's natural resources; and

    6. (f)

      to compile, maintain and update data and other information in relation to the State's natural resources, coasts and seas; and

    7. (g)

      to promote the integration or co-ordination of policies, programs, plans and projects insofar as they are relevant to the proper management, use or protection of the State's natural resources; and

    8. (h)

      to promote public awareness of the importance of the State's natural resources and to encourage conservation of those resources; and

    9. (i)

      as the Minister thinks fit, to take any other action that may promote the preservation, protection, management, enhancement, restoration or rehabilitation of the State's landscapes; and

    10. (j)

      such other functions assigned to the Minister by or under this Act.

  2. (2)

    The regulations may—

    1. (a)

      prescribe the kinds of information to which subsection (1)(f) applies; and

    2. (b)

      require persons or bodies referred to in the regulations to provide the Minister with information of that kind that is in their possession; and

    3. (c)

      specify the kind or kinds of information to which subsection (3) applies.

  3. (3)

    If a person has provided information of a kind to which this subsection applies under subsection (2)(b), the Minister—

    1. (a)

      must seek the consent of the person who provided the information to make it publicly available and must make it publicly available if consent is given; and

    2. (b)

      must not disclose that information to another person without the consent of the person who provided it.

10Powers of delegation
  1. (1)

    The Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act, or under any other Act that, in the opinion of the Minister, is relevant to the operation or administration of this Act.

  1. (2)

    A delegation under this section—

    1. (a)

      must be by instrument in writing; and

    2. (b)

      may be absolute or conditional; and

    3. (c)

      does not derogate from the ability of the Minister to act in any matter; and

    4. (d)

      is revocable at will.

  2. (3)

    A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

  3. (4)

    The Minister cannot delegate the function of making recommendations to the Governor.

  4. (5)

    A person to whom functions or powers have been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions or exercise those powers must disclose the nature of the interest in writing to the Minister.

Maximum penalty: $20 000.

  1. (6)

    It is a defence to a charge of an offence against subsection (5) to prove that the defendant was not, at the time of the alleged offence, aware of their interest in the matter.

Division 2Landscape regions and boardsSubdivision 1Establishment of regions11Establishment of regions
  1. (1)

    The Governor may, by proclamation made on the recommendation of the Minister, divide the State into landscape management regions.

  2. (2)

    The Minister must, in formulating a recommendation for the purposes of subsection (1)—

    1. (a)

      give attention to the nature and form of the natural environment; and

    2. (b)

      take into account relevant economic, social, cultural and local government boundaries or areas,

(and may take into account such other matters as the Minister thinks fit).

  1. (3)

    The Governor may, by subsequent proclamation made on the recommendation of the Minister—

    1. (a)

      vary the boundaries of any landscape management region;

    2. (b)

      abolish a landscape management region (on the basis that a new division is to occur).

  2. (4)

    If a proclamation is being made under subsection (3), the Governor may, by the same or a subsequent proclamation, make provision for any transitional or consequential matter, including for the transfer, apportionment or adjustment of property, assets, rights, liabilities or expenses as between any relevant regional landscape boards or the alteration or revision of any plan under this Act (and any such proclamation will have effect according to its terms and despite any other provision of this or any other Act, or any law, agreement or arrangement).

  3. (5)

    The Minister must, before a proclamation is made under subsection (3), give each peak body notice of the proposed proclamation under that subsection and give consideration to any submission made by any peak body within a period (being at least 21 days) specified in the notice.

  4. (6)

    This section applies subject to section 12.

12Green Adelaide
  1. (1)

    A landscape management region known as Green Adelaide or the Green Adelaide Region must be established as one of the landscape management regions under section 11.

  2. (2)

    The area of Green Adelaide must be based (wholly or predominantly) on the urban areas of metropolitan Adelaide, as considered appropriate by the Governor on the recommendation of the Minister.

  3. (3)

    The Governor may, by proclamation made on the recommendation of the Minister, vary the boundaries of Green Adelaide from time to time.

Subdivision 2Establishment of regional landscape boards13Establishment of boards
  1. (1)

    The Minister must, by notice in the Gazette, establish a regional landscape board for each landscape management region (other than for Green Adelaide).

  2. (2)

    A notice under subsection (1) must—

    1. (a)

      identify the region in relation to which the regional landscape board is established; and

    2. (b)

      assign a distinctive name to the regional landscape board; and

    3. (c)

      set out functions of the regional landscape board (if any) that are additional to the functions prescribed by this Act.

  3. (3)

    The Minister may, by subsequent notice in the Gazette—

    1. (a)

      vary a notice under this section (including by making a variation to the functions of the regional landscape board under subsection (2)(c));

    2. (b)

      abolish a regional landscape board (on the basis that the relevant region is being abolished under Subdivision 1).

  4. (4)

    A notice relating to a regional landscape board under subsection (3) may provide for any transitional or consequential matter, including—

    1. (a)

      by providing that the property, assets, rights or liabilities of the board will vest in or attach to—

      1. (i)

        the Crown; or

      2. (ii)

        a Minister; or

      3. (iii)

        another body established under this Act; or

      4. (iv)

        any other agency or instrumentality of the Crown; or

      5. (v)

        with the agreement of the relevant person or body, a person or body specified in the notice; and

    2. (b)

      by making provision with respect to any relevant regional landscape plan, water allocation plan, landscapes affecting activities control policy or water affecting activities control policy,

(and any such notice will have effect according to its terms and despite any other provision of this or any other Act, or any law, agreement or arrangement).

  1. (5)

    The Minister must, before publishing a notice under subsection (3), give each peak body notice of the Minister's intention to publish a notice under that subsection and give consideration to any submission made by any peak body within a period (being at least 21 days) specified in the notice.

  2. (6)

    In relation to Green Adelaide—

    1. (a)

      the regional landscape board is established by force of this subsection; and

    2. (b)

      the name of the board is Green Adelaide Board; and

    3. (c)

      the Minister may, by notice in the Gazette, set out functions of the Green Adelaide Board (if any) that are additional to the functions prescribed by this Act.

14Corporate nature
  1. (1)

    A regional landscape board—

    1. (a)

      is a body corporate; and

    2. (b)

      has perpetual succession and a common seal; and

    3. (c)

      can sue and be sued in its corporate name; and

    4. (d)

      is an instrumentality of the Crown and holds its property on behalf of the Crown; and

    5. (e)

      has the functions and powers assigned or conferred by or under this or any other Act.

  2. (2)

    If a document appears to bear the common seal of a regional landscape board, it will be presumed, in the absence of proof to the contrary, that the common seal of the regional landscape board was duly fixed to the document.

  3. (3)

    A regional landscape board is subject to the direction and control of the Minister.

Subdivision 3Membership of boards15Composition of boards
  1. (1)

    Subject to subsections (2) and (3) (and to the other provisions of this Act), a regional landscape board consists of—

    1. (a)

      4 members appointed by the Minister; and

    2. (b)

      3 members elected by eligible electors.

  2. (2)

    The Green Adelaide Board consists of at least 6 and not more than 10 members appointed by the Minister.

  3. (3)

    A regional landscape board (other than Green Adelaide) may consist of at least 5 and not more than 9 members, all appointed by the Minister, if the Minister considers that a board wholly constituted by appointed members is preferable to a board constituted with some elected members due to special circumstances applying in the relevant region.

  4. (4)

    Of the members of a regional landscape board that are to be appointed by the Minister under subsection (1)(a), (2) or (3), at least 1 must be a member or officer of a council at the time of the member's appointment unless—

    1. (a)

      the board's region does not include any part of the area of a council; or

    2. (b)

      the Minister cannot, after taking reasonable steps, find a member or officer of a council who—

      1. (i)

        in the opinion of the Minister, is suitable to be appointed as a member of the board; or

      2. (ii)

        is willing and available to be a member of the board.

  5. (5)

    Before appointing a person or persons under subsection (1)(a), (2) or (3), the Minister must give each peak body notice of the fact that an appointment or appointments are to be made and give consideration to any submission made by any such body within a period (of at least 21 days) specified by the Minister.

  6. (6)

    At least 1 member of a regional landscape board must be a woman and at least 1 member must be a man.

  7. (7)

    The Minister must appoint a suitable member of a regional landscape board to be the presiding member of the board (and may from time to time revoke any such appointment and make a new appointment in the Minister's absolute discretion).

  8. (8)

    The Minister may appoint a suitable person to be the deputy of a member of a regional landscape board (and a person may be appointed as a deputy of more than 1 member).

  9. (9)

    A deputy may act as a member of a regional landscape board during any period of absence of the member in relation to whom the deputy has been appointed.

  10. (10)

    In the event of a vacancy in an office under subsection (1) (including on account of an insufficient number of members being elected to a regional landscape board under subsection (1)(b)), the Minister may appoint a suitable person to fill the vacancy.

  11. (11)

    A member who is filling a casual vacancy for an office that has been held by an elected member will be appointed for the balance of the term of that elected member.

16Qualifications for membership
  1. (1)

    A regional landscape board must consist of persons who collectively have the knowledge, skills and experience necessary to enable the board to carry out its functions, including, so far as is reasonably practicable, knowledge, skills and experience across the following areas:

    1. (a)

      community affairs at the regional level;

    2. (b)

      primary production or pastoral land management;

    3. (c)

      soil conservation and land management;

    4. (d)

      conservation and biodiversity management;

    5. (e)

      water resources management;

    6. (f)

      business management;

    7. (g)

      local government or local government administration;

    8. (h)

      urban or regional planning;

    9. (i)

      Aboriginal interest in the land and water, and Aboriginal heritage;

    10. (j)

      pest animal and plant control;

    11. (k)

      natural and social science;

    12. (l)

      if relevant—coast, estuarine and marine management, fisheries or aquaculture.

  2. (2)

    In connection with subsection (1), a prospective member of a regional landscape board—

    1. (a)

      must demonstrate that they have any skills, qualifications, knowledge or experience referred to in subsection (1) (and the Minister must put in place processes to ensure, so far as is reasonably practicable, that members of regional landscape boards have those skills, qualifications, knowledge or experience); and

    2. (b)

      must satisfy any other requirements determined by the Minister in order to be eligible for appointment or election as a member of a regional landscape board under this Act.

  3. (3)

    The Minister should publish information about any determinations or processes applying under subsection (2)(b) (in such manner as the Minister thinks fit).

17Board elections
  1. (1)

    Without limiting section 16, if a candidate nominated for election as a member of a regional landscape board in accordance with the regulations under subsection (2) does not have, in the opinion of the Minister, the necessary skills, qualifications, knowledge and experience, the Minister may determine that the person is ineligible to stand for election as a member of the board (and any such determination will have effect according to its terms).

  2. (2)

    The regulations may provide for a variety of matters relating to the nomination and election of members of regional landscape boards under section 15(1)(b), including by prescribing—

    1. (a)

      provisions for determining who will be recognised as eligible electors for the purposes of an election; and

    2. (b)

      subject to subsection (1), provisions for determining who is eligible to be nominated as a candidate for election as a member of a regional landscape board; and

    3. (c)

      provisions for setting dates for—

      1. (i)

        the close of nominations of candidates for the purposes of an election; and

      2. (ii)

        the opening and closing of voting for the purposes of an election; and

    4. (d)

      the procedures for the conduct of an election (which may include processes based on eligible electors only receiving voting papers or otherwise voting in an election if they have indicated an interest in participating in the election, and procedures for postal voting or electronic voting using the internet); and

    5. (e)

      the method of voting and procedures for the counting of votes; and

    6. (f)

      procedures for the declaration of successful candidates.

  3. (3)

    In connection with the operation of subsection (2)—

    1. (a)

      to the extent that the region of a regional landscape board is within the area of a council—

      1. (i)

        a person who is enrolled on the voters roll for the area of that council under the Local Government (Elections) Act 1999 on a date fixed or determined under the regulations will be an eligible elector for the purposes of a particular election; and

      2. (ii)

        the eligibility of a person to be nominated as a candidate for election as a member of a regional landscape board will be based on eligibility to be a candidate for election as a member of the council under section 17(1)(a)(i) and (b), and (3)(a), (b) and (c) of the Local Government (Elections) Act 1999 on a date fixed or determined under the regulations; and

    2. (b)

      to the extent that the region of a regional landscape board is outside the area of a council—

      1. (i)

        the recognition of persons as eligible electors will be determined under a scheme based on qualification for enrollment under section 14 of the Local Government (Elections) Act 1999 as if the relevant area were within the area of a council, with that section applying with any modifications prescribed by the regulations (including as to who will be taken to be the chief executive officer for the purposes of that section as applying under this Act); and

      2. (ii)

        the eligibility of a person to be nominated as a candidate for election as a member of a regional landscape board will be determined under a scheme based on eligibility to be a candidate for election as a member of the council under section 17(1)(a)(i) and (b), and (3)(a), (b) and (c) of the Local Government (Elections) Act 1999 as if the relevant area were within the area of a council, with that section applying with any modifications prescribed by the regulations.

  4. (4)

    In connection with the operation of subsection (3)—

    1. (a)

      for the purposes of any election that relates to the area of a council, the council must provide, in accordance with the regulations, an up‑to‑date copy of the voters roll for the area of the council to the person who will be conducting the election by a date fixed or determined under the regulations; and

    2. (b)

      for the purposes of any election that relates to an area outside the area of a council, the Electoral Commissioner must provide, in accordance with the regulations, an up‑to‑date extract from the voters roll for the House of Assembly that relates to the area to the person who will be conducting the election by a date fixed or determined under the regulations.

  5. (5)

    The relevant regional landscape board is liable to pay—

    1. (a)

      for subsection (4)(a)—a fee, determined by the Minister after consultation with the LGA, to a council in connection with the council providing a copy of a voters roll; and

    2. (b)

      for subsection (4)(b)—a fee, determined by the Minister after consultation with the Electoral Commissioner, to the Electoral Commission in connection with the Electoral Commissioner providing an extract of the voters roll for the House of Assembly.

  6. (6)

    Subsection (3)(a)(ii) and (b)(ii) operate subject to section 16 and to subsection (1) of this section.

  7. (7)

    If—

    1. (a)

      a council is constituted by an administrator or administrators (whether under the Local Government Act 1999 or any other Act) at the time that the processes for the conduct of an election are commenced (being at a date determined by the Minister for the purposes of this subsection); and

    2. (b)

      the Minister determines, by notice in the Gazette, that this subsection should apply for the purposes of the election (on the ground that it is not practicable or appropriate to use the council's voters roll for the purposes of the election),

subsections (3), (4) and (5) will apply as if the council did not exist (and as if the area in relation to which the council is constituted were an area outside the area of a council).

  1. (8)

    A person elected to be a member of a regional landscape board will take office on a day determined by or under the regulations.

  2. (9)

    The Minister will appoint a person to conduct an election, or elections, for the purposes of this Part (and may from time to time revoke any such appointment and make a new appointment as the Minister thinks fit).

18Conditions of membership
  1. (1)

    A member of a regional landscape board will hold office on conditions determined by the Minister.

  2. (2)

    The term of office of a member of a regional landscape board (other than the Green Adelaide Board) will be—

    1. (a)

      in the case of an appointed member (other than in a case where section 15(11) applies)—a period not exceeding 4 years specified in the instrument of appointment; and

    2. (b)

      in the case of an elected member—a period of 4 years from the date on which the member takes office, as determined by or under the regulations (unless the office becomes vacant under subsection (6)).

  3. (3)

    The term of office of a member of the Green Adelaide Board is a term not exceeding 3 years specified in the instrument of appointment.

  4. (4)

    A member of a regional landscape board is, at the expiration of a term of office, eligible for reappointment or re‑election (as the case may be).

  5. (5)

    The Minister may remove a member of a regional landscape board from office—

    1. (a)

      for breach of, or non-compliance with, a condition of appointment; or

    2. (b)

      for mental or physical incapacity to carry out duties of office satisfactorily; or

    3. (c)

      for failing to discharge a responsibility under this Act, or for failing to work constructively in the performance of the member's functions or duties under this Act; or

    4. (d)

      for dishonourable conduct; or

    5. (e)

      if serious irregularities have occurred in the conduct of the board's affairs or the board has failed to carry out its functions satisfactorily and the Minister considers that the board should be reconstituted for that reason.

  6. (6)

    The office of a member of a regional landscape board becomes vacant if the member—

    1. (a)

      dies; or

    2. (b)

      completes a term of office and is not reappointed; or

    3. (c)

      resigns by written notice addressed to the Minister; or

    4. (d)

      is found guilty of an indictable offence; or

    5. (e)

      becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or

    6. (f)

      is removed from office by the Minister under subsection (5).

  7. (7)

    This section does not limit the operation of section 43.

19Allowances and expenses

A member of a regional landscape board is entitled to fees, allowances and expenses determined or approved by the Minister.

20Validity of acts

An act or proceeding of a regional landscape board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

21Conflict of interest under Public Sector (Honesty and Accountability) Act

A member of a regional landscape board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that—

  1. (a)

    the member has an interest in a matter that is shared in common with persons in the region for which the board is established generally, or in common with a substantial group of persons who have an interest in the administration of 1 or more aspects of this Act; or

  2. (b)

    the member has an interest in a matter as a member or officer of a constituent council or council subsidiary that has an interest in the matter.

Subdivision 4Procedures at meetings22Procedures at meetings
  1. (1)

    The quorum for a meeting of a regional landscape board is determined by dividing the number of current members of the board by 2, ignoring any fraction, and adding 1.

  2. (2)

    If the presiding member is absent from a meeting, a member chosen by the members present at the meeting will preside at the meeting.

  3. (3)

    A decision carried by a majority of the votes cast by members at a meeting is a decision of the regional landscape board.

  4. (4)

    Each member present at a meeting has 1 vote on any question arising for decision, and if the votes are equal, the member presiding at the meeting may exercise a casting vote.

  5. (5)

    A resolution of a regional landscape board—

    1. (a)

      of which notice is given to all members of the board in accordance with procedures determined by the board; and

  1. (2)

    A notice under subclause (1) may be expressed to apply to specified classes of interests.

  2. (3)

    In this clause—

water entitlement means a water licence or a water allocation (or part of a water allocation).

Division 8—Miscellaneous

104—Ministerial policies

A policy applying under section 10(1)(b) of the repealed Act (and in effect immediately before the designated day) will continue to have effect as if it were a policy under section 9(1)(d) of this Act.

105—State NRM Plan

  1. (1)

    The State Natural Resources Management Plan, as in force immediately before the designated day, will continue in force and effect and will be taken to be the State Landscape Strategy until the Minister prepares the State Landscape Strategy required under Part 3.

  2. (2)

    The Minister may amend the State Landscape Strategy, as applying under subclause (1), at any time, and to such extent, as the Minister thinks fit (and without adopting or applying any process that would otherwise apply under this Act).

  3. (3)

    Despite any other provision of this Act, a plan under this Act does not need to be consistent with the State Landscape Strategy, as applying under subclause (1) (or as amended under subclause (2)).

106—Minister may make provision for assignment of responsibilities and modifications of plans

  1. (1)

    The Minister may assign responsibilities in relation to any plan or policy, or other functions, under this Part, or any other provision of this Act, to a particular regional landscape board, or to a designated entity under section 52, to address any situation that is relevant to the adoption, application, operation or approval of any plan or policy under this Act.

  2. (2)

    Without limiting subclause (1) (or any other provision of this Part), the Minister may, by notice in the Gazette, modify 1 or more regional NRM plans or water allocation plans—

    1. (a)

      to address a situation where the boundaries of an NRM region under the repealed Act do not correspond with the boundaries of a landscape management region under this Act; or

    2. (b)

      to address any other situation that is, in the opinion of the Minister—

      1. (i)

        relevant to the transition to regional landscape boards and landscape management regions; or

      2. (ii)

        relevant to the fact that regional NRM plans and water allocation plans under the repealed Act are to have effect as regional landscape plans and water allocation plans under this Act.

107—Adopting acts or decisions

  1. (1)

    A prescribed authority may, as the prescribed authority thinks fit—

    1. (a)

      adopt any decision or determination of an NRM authority under the repealed Act (including in connection with a matter provided under this Part); and

    2. (b)

      deal with any matter arising under the repealed Act that may be, or may become, relevant to the operation of this Act; and

    3. (c)

      adopt or continue any process commenced under the repealed Act in connection with the operation of this Part or for the purposes of this Act; and

    4. (d)

      take any other step or make any other determination authorised by the regulations, or that is reasonably necessary to promote or ensure a smooth transition on account of the repeal of the Natural Resources Management Act 2004 and its substitution by this Act.

  2. (2)

    In this clause—

prescribed authority means—

  1. (a)

    a regional landscape board; or

  2. (b)

    the Chief Executive (including the Chief Executive acting on behalf of the Green Adelaide Board).

108—Registration authorities

  1. (1)

    The Registrar‑General or another authority required or authorised by a law of the State to register or record transactions affecting assets, rights or liabilities, or documents relating to such transactions, must, on application under this clause, register or record in an appropriate manner a vesting under this Part.

  2. (2)

    No fee is payable in respect of a vesting under this Part.

109—General saving provision

Nothing done under this Part—

  1. (a)

    constitutes a breach of, or default under, an Act or other law; or

  2. (b)

    constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

  3. (c)

    constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or

  4. (d)

    constitutes a civil or criminal wrong; or

  5. (e)

    terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or

  6. (f)

    releases a surety or other obligee wholly or in part from an obligation.

110—Continuation of other plans, notices, permits and orders

  1. (1)

    A requirement to prepare an action plan—

    1. (a)

      imposed by the Minister under section 123 of the repealed Act before the designated day; or

    2. (b)

      imposed by an authorised officer under section 183 of the repealed Act before the designated day,

will operate and have effect, and may be enforced, under the repealed Act as if this Act had not been enacted.

  1. (2)

    An action plan under section 123 or 183 of the repealed Act will continue to operate and have effect, and must be implemented, under the repealed Act as if this Act had not been enacted.

  2. (3)

    An approved proposal under section 186 of the repealed Act (and in effect immediately before the designated day) will continue to have effect as if it had been issued under the corresponding section of this Act.

  3. (4)

    A permit issued under section 188 of the repealed Act (and in effect immediately before the designated day) will continue to have effect under the corresponding section of this Act.

  4. (5)

    An order or authorisation issued under Chapter 9 Part 1 Division 1 of the repealed Act (and still having effect immediately before the designated day) will continue to have effect as if it had been issued under the corresponding section of this Act.

  5. (6)

    Any action commenced under section 194 or 196 of the repealed Act (and still being undertaken immediately before the designated day) may continue under the repealed Act as if this Act had not been enacted.

  6. (7)

    A registration under section 199 of the repealed Act (and in effect immediately before the designated day) will continue to have effect under the corresponding section of this Act.

  7. (8)

    If an authorised officer is holding an animal under the repealed Act immediately before the designated day, the authorised officer may continue to hold that animal, and may take any action in relation to that animal, as if this Act had not been enacted.

111—Authorised officers

  1. (1)

    A person who was an authorised officer under the repealed Act immediately before the designated day will be taken to have been appointed as an authorised officer under this Act.

  2. (2)

    Subject to subclause (3), any condition applying under the repealed Act with respect to an authorised officer immediately before the designated day will apply as a condition under this Act.

  3. (3)

    The Minister may, by instrument in writing, vary or revoke a condition that would otherwise apply by virtue of the operation of subclause (2), or apply new conditions.

112—Constitution of Environment, Resources and Development Court

A commissioner of the ERD Court who, before the designated day, had been designated by the Governor under the repealed Act as a person who has expertise in a field that is relevant to the jurisdiction conferred on the Court by the repealed Act will be taken to be a commissioner who has been specifically designated by the Governor under this Act as a person who has expertise in a field that is relevant to the jurisdiction conferred on the Court by this Act.

113—References to Planning and Design Code

A reference in this Act to the Planning and Design Code will be taken to include a reference to a Development Plan under the Development Act 1993.

114—NRM Register and The Water Register

  1. (1)

    The NRM Register under the repealed Act (as constituted immediately before the designated day) continues as the Landscape Scheme Register under this Act.

  2. (2)

    The Water Register (as constituted immediately before the designated day) continues under this Act.

115—Other provisions

  1. (1)

    The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.

  2. (2)

    A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.

  3. (3)

    To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

    1. (a)

      decreasing the person's rights; or

    2. (b)

      imposing liabilities on the person.

Legislative history

Notes

  • •

    This version is comprised of the following:

Part 1

25.11.2023

Part 2

25.11.2023

Part 3

25.11.2023

Part 4

25.11.2023

Part 5

25.11.2023

Part 6

25.11.2023

Part 7

25.11.2023

Part 8

25.11.2023

Part 9

25.11.2023

Part 10

25.11.2023

Part 11

25.11.2023

Part 12

25.11.2023

Part 13

25.11.2023

Schedules

25.11.2023

  • •

    Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

  • •

    Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

  • •

    For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or repealed by principal Act

    The Landscape South Australia Act 2019 repealed the following:

    Natural Resources Management Act 2004

    Legislation amended by principal Act

    The Landscape South Australia Act 2019 amended the following:

    Adelaide Park Lands Act 2005

    Crown Land Management Act 2009

    Development Act 1993

    Dog and Cat Management Act 1995

    Dog Fence Act 1946

    Environment Protection Act 1993

    Farm Debt Mediation Act 2018

    Fire and Emergency Services Act 2005

    Groundwater (Border Agreement) Act 1985

    Ground Water (Qualco-Sunlands) Control Act 2000

    Irrigation Act 2009

    Local Government Act 1999

    Marine Parks Act 2007

    Mining Act 1971

    National Parks and Wildlife Act 1972

    Native Vegetation Act 1991

    Parliamentary Committees Act 1991

    Pastoral Land Management and Conservation Act 1989

    Petroleum and Geothermal Energy Act 2000

    Renmark Irrigation Trust Act 2009

    Residential Parks Act 2007

    Residential Tenancies Act 1995

    River Murray Act 2003

    Safe Drinking Water Act 2011

    South Eastern Water Conservation and Drainage Act 1992

    Subordinate Legislation Act 1978

    Water Industry Act 2012

    Principal Act and amendments

    New entries appear in bold.

    Year

    No

    Title

    Assent

    Commencement

    2019

    33

     Landscape South Australia Act 2019

    21.11.2019

    19.12.2019 (Gazette 19.12.2019 p4378) except ss 28, 29, 36 to 39, 41, 51, 66, 69, 71, 76, 88, 89, 93(3), 102, Sch 2 (cll 1, 3 & 4), Sch 5 (cl 95(3) to (6))—9.4.2020 (Gazette 9.4.2020 p701) and except ss 8 to 10, 25 to 27, 30 to 33, 40, 42 to 50, 52 to 65, 67, 68, 70, 72 to 75, 77 to 87, 90 to 92, 93(1), (2), (4) to (8), 94 to 101, 103 to 222, 224 to 241, 243, 244, 249, Sch 2 (cl 2), Sch 3, Sch 4 (cll 1 to 5, 6(a) to (d) & (g), 7, 16 to 20) & Sch 5 (cll 1 to 87)—1.7.2020 (Gazette 25.6.2020 p3502) and except ss 15(4), (5) & 16—1.1.2021 (Gazette 26.11.2020 p5371) and except s 17, Sch 4 (cll 6(e) & (f), 8 to 15) & Sch 5 (cl 89(2) to (6))—21.11.2021 (s 7(5) Acts Interpretation Act 1915)

    2021

    13

     Landscape South Australia (Miscellaneous) Amendment Act 2021

    13.5.2021

    13.5.2021 except s 4—1.7.2020: s 2

    2021

    45

    Unclaimed Money Act 2021

    25.11.2021

    Sch 1 (cll 8 & 9)—25.11.2023 (s 27(6) Legislation Interpretation Act 2021)

    Provisions amended

    New entries appear in bold.

    Entries that relate to provisions that have been deleted appear in italics.

    Provision

    How varied

    Commencement

    Long title

    amended under Legislation Revision and Publication Act 2002

    13.5.2021

    Pt 1

    s 2

    omitted under Legislation Revision and Publication Act 2002

    25.11.2023

    Pt 5

    s 86

    s 86(10)

    amended by 45/2021 Sch 1 cl 8

    25.11.2023

    s 88

    s 88(6)

    amended by 13/2021 s 4(1)

    1.7.2020

    s 88(7)

    substituted by 13/2021 s 4(2)

    1.7.2020

    Pt 8

    s 158

    s 158(7)

    amended by 45/2021 Sch 1 cl 9

    25.11.2023

    Sch 4

    cl 10

    deleted by 13/2021 s 5

    13.5.2021

    Sch 5

    Pts 1—29

    omitted under Legislation Revision and Publication Act 2002

    13.5.2021

    Historical versions

    1.7.2020 (electronic only)

    1.1.2021 (electronic only)

    13.5.2021

    21.11.2021

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0