South Australia
Native Vegetation Act 1991
An Act to provide incentives and assistance to landowners in relation to the preservation and enhancement of native vegetation; to control the clearance of native vegetation; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
3 Interpretation
3A Substantially intact vegetation
4 Application of Act
4AInteraction with Fire and Emergency Services Act 2005
5 Act to bind Crown
Part 2—Objects of this Act
6 Objects
Part 3—Administration
Division 1—The Native Vegetation Council
7 Establishment of the Council
8 Membership of the Council
9 Conditions of office
10 Allowances and expenses
11 Procedures at meetings of the Council
12 Validity of acts of Council
13Application of Public Sector (Honesty and Accountability) Act
14 Functions of Council
15 Delegation of powers and functions
16 Staff
17 Annual report
Division 3—The Native Vegetation Fund
21 The Fund
22 Accounts and audit
Part 4—Heritage agreements, proposals for revegetation and financial and other assistance
Division 1—Heritage agreements
23 Heritage agreements
23A Effect of heritage agreement
23B Registration of heritage agreements
Division 2—Approval by the Council of proposal for revegetation
23D Application of Division
23E Declaration in relation to existing vegetation
23F Proposal for revegetation of land
23G Information required on application or submission
23H Decision by the Council
23I Noting of Council's approval against the title to the land
Division 3—Financial and other assistance
24 Assistance to landowners
25 Guidelines for the application of assistance and the management of native vegetation
Part 4A—Credit, assignment and third party establishment of environmental benefits
25A Credit for environmental benefits
25B Assignment of credit
25C Achievement of environmental benefit by accredited third party provider
25D Management agreements
25E Register
Part 5—Clearance and enforcement
Division 1—Control of clearance
26 Offence of clearing native vegetation contrary to this Part
27 Clearance of native vegetation
28 Application for consent
29 Provisions relating to consent
29A Avoidance of duplication of procedures etc
30 Conditions of consent
30A Marking or tagging of cleared vegetation
Division 2—Civil enforcement proceedings
31A Application to ERD Court for enforcement
31B Order where native vegetation has been cleared
31C Interim order
31D Enforcement of orders
31E Enforcement notices
31EA Substituted direction where compliance with enforcement notice not reasonably practicable
31F Miscellaneous provisions
32 Appeals
33 Commencement of proceedings
Division 3—Authorised officers
33A Appointment of authorised officers
33B Powers of authorised officers
33C Issue of warrants
33D Provisions relating to seizure
33E Offence to hinder etc authorised officers
33EA Offences by authorised officers etc
Part 5B—Interest and recovery of money
33H Interest
33I Sale of land for non-payment
Part 6—Miscellaneous
33J Constitution and criminal jurisdiction of ERD Court
33K Applications during criminal proceedings
34 Evidentiary
35 Proceedings for an offence
36 Assessment of costs and expenses
38 Vicarious liability
39 Offences by bodies corporate
40 General defence
40A Register of applications
40B Ministerial power of delegation
41 Regulations
Schedule 1—Principles of native vegetation clearance
1 Principles of clearance of native vegetation
2 Interpretation
Schedule 2—Transitional provisions
Legislative history
The Parliament of South Australia…