Native Vegetation Act 1991 (SA)

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 enacts as follows:

Part 1—Preliminary
1—Short title
This Act may be cited as the Native Vegetation Act 1991.
3—Interpretation

In this Act, unless the contrary intention appears—
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;
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;
breach of this Act means a contravention of, or a failure to comply with, a provision of this Act and includes a contravention of, or a failure to comply with, a term of a heritage agreement;
building includes a structure that is fixed to land;
to clear native vegetation includes to cause or permit the clearance of native vegetation;
clearance, in relation to native vegetation, means—
(a)the killing or destruction of native vegetation;
(b)the removal of native vegetation;
(c)the severing of branches, limbs, stems or trunks of native vegetation;
(d)the burning of native vegetation;
(e)any other substantial damage to native vegetation,
and includes the draining or flooding of land, or any other act or activity, that causes the killing or destruction of native vegetation, the severing of branches, limbs, stems or trunks of native vegetation or any other substantial damage to native vegetation;
the Council means the Native Vegetation Council established by this Act;
ERD Court means the Environment, Resources and Development Court;
the Fund means the Native Vegetation Fund established by this Act;
isolated plant—see subsections (2) and (3);
land includes—
(a)land submerged by water; and
(b)an interest in land;
landscape management region means a landscape management region established under the Landscape South Australia Act 2019;
local council means a municipal or district council;
member means a member of the Council;
Minister for the Adelaide Dolphin Sanctuary means the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed;
Murray-Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993;
native vegetation means a plant or plants of a species indigenous to South Australia including a plant or plants growing in or under waters of the sea but does not include—
(a)a plant or part of a plant that is dead unless the plant, or part of the plant, is of a class declared by regulation to be included in this definition; or
(b)a plant intentionally sown or planted by a person unless the plant was sown or planted—
(i)in compliance with a condition imposed by the Council under this Act or by the Native Vegetation Authority under the repealed Act, or with the order of a court under this Act or the repealed Act; or
(ii)in pursuance of a proposal approved by the Council under Part 4 Division 2; or
(iia)in circumstances involving the use of money paid into the Fund for the purpose of achieving a significant environmental benefit; or
(iii)in compliance with a condition imposed by a Minister, statutory authority or prescribed person or body under—
(A)the River Murray Act 2003; or
(B)the Water Resources Act 1997; or
(C)any other Act prescribed by the regulations for the purposes of this paragraph;
owner of land means—
(a)in relation to land alienated from the Crown by grant in fee simple—the holder of the fee simple;
(ab)in relation to dedicated land within the meaning of the Crown Lands Act 1929 that has not been granted in fee simple but which is under the care, control and management of a Minister, local council or other body or person—the Minister, council or other body or person;
(b)in relation to land held under Crown lease—the lessee;
(c)in relation to land held under an agreement to purchase from the Crown—the person entitled to the benefit of the agreement;
(d)in relation to any other land—the Minister who is responsible for the care, control and management of the land or, if no Minister is responsible for the land, the Minister for Environment and Conservation;
pastoral land means land comprised in a lease granted under the Pastoral Land Management and Conservation Act 1989 over Crown land for the pasturing of stock and other ancillary purposes;
principles of clearance of native vegetation means principles set out in Schedule 1 to which the Council must have regard when determining an application for consent to clear native vegetation;
the repealed Act means the Native Vegetation Management Act 1985 repealed by this Act;
River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003;
waters of the sea includes any water that is subject to the ebb and flow of the tide.
A plant will be taken to be an isolated plant if—
(a)it is at least one metre in height; and
(b)there is no other plant comprising native vegetation that is 200 millimetres or more in height within 50 metres of it.
Each plant of a group of two or three plants or of a group of plants that is the subject of a determination by the Council under subsection (4) will be taken to be an isolated plant if it would be an isolated plant under subsection (2) except for its proximity to another plant, or other plants, in the group.
The Council may, where in its opinion the circumstances of a particular case justify a determination under this subsection, determine that each plant of a group of four or more plants will be taken to be an isolated plant.
A determination under subsection (4) must be agreed to by all the members of the Council present at the meeting at which it is made.
The distance between two plants for the purposes of subsection (2) will be taken to be the distance between those parts of the plants that are above ground level and are closest to each other.

3A—Substantially intact vegetation

A stratum of native vegetation will be taken for the purposes of this Act to be substantially intact if, in the opinion of the Council—
(a)the stratum has not been seriously degraded by human activity during the immediately preceding period of 20 years; or
(b)the only serious degradation of the stratum by human activity during that period has been caused by fire.
In this section—
stratum of native vegetation means a layer of a plant community consisting of plants that comprise native vegetation and that have a similar growth habit.

4—Application of Act

Subject to this section, this Act applies to the whole of the State.
This Act applies in those parts of the Hundreds of Adelaide, Munno Para, Noarlunga and Yatala—
(a)that are within the zone designated as the Metropolitan Open Space System or Hills Face Zone by the Planning and Design Code under the Planning, Development and Infrastructure Act 2016; or
(b)that are to the east of the Hills Face Zone; or
(c)that are within an area prescribed by regulation for the purposes of this subsection,
but does not, subject to subsections (2a) and (2ab), apply in any other part of those Hundreds.

(2a)This Act applies to the whole of the area of the City of Onkaparinga.
(2ab)This Act applies in that part of the City of Mitcham consisting of the following suburbs:
(a)Belair;
(b)Bellevue Heights;
(c)Blackwood;
(d)Coromandel Valley;
(e)Craigburn Farm;
(f)Eden Hills;
(g)Glenalta;
(h)Hawthorndene.

(2b)This Act applies—
(a)in that part of the Hundred of Port Adelaide bounded on the east by the western boundary of Port Wakefield Road and on the south by the northern boundary of the area of the Corporation of the City of Salisbury; and
(b)in that part of the area of the Corporation of the City of Salisbury bounded on the east by the western boundary of Port Wakefield Road;
(c)in any other part of the Hundred of Port Adelaide prescribed by regulation for the purposes of this subsection,

but does not apply in any other part of the Hundred of Port Adelaide.
(2c)However, the Governor should not make a regulation under subsection (2) or (2b) unless—
(a)—
(i)the Governor considers that the regulation should be made in order to enhance the preservation or management of an area that includes significant native vegetation, or in order to assist in the provision of a significant environmental benefit in a particular respect; and

(ii)the Governor is satisfied that the Minister has taken reasonable steps to consult with—
(A)any local council whose area includes any part of the area to which the regulation relates; and
(B)the Environment, Resources and Development Committee of the Parliament; and
(C)any member of the House of Assembly whose electoral district includes any part of the area to which the regulation relates,

about the proposal to make the regulation; or

(b)—
(i)the Governor considers that the regulation should be made as an interim measure pending consultation under paragraph (a); and

(ii)the regulation is expressed to expire not more than two months after the day on which it is made.

The Governor may, by regulation, exclude any other part or parts of the State from the operation of this Act.

4A—Interaction with Fire and Emergency Services Act 2005
In the event of an inconsistency between this Act and the Fire and Emergency Services Act 2005, the Fire and Emergency Services Act 2005 will prevail to the extent of the inconsistency.
5—Act to bind Crown
This Act binds the Crown.

Part 2—Objects of this Act
6—Objects
The objects of this Act include—
(a)the conservation, protection and enhancement of the native vegetation of the State and, in particular, remnant native vegetation, in order to prevent further—
(i)reduction of biological diversity and degradation of the land and its soil; and

(ii)loss of quantity and quality of native vegetation in the State; and
(iii)loss of critical habitat; and

(b)the provision of incentives and assistance to landowners to encourage the commonly held desire of landowners to preserve, enhance and properly manage the native vegetation on their land; and
(c)the limitation of the clearance of native vegetation to clearance in particular circumstances including circumstances in which the clearance will facilitate the management of other native vegetation or will facilitate the sustainable use of land for primary production; and
(d)the encouragement of research into the preservation, enhancement and management of native vegetation; and
(e)the encouragement of the re-establishment of native vegetation in those parts of the State where native vegetation has been cleared or degraded.

Part 3—Administration
Division 1—The Native Vegetation Council
7—Establishment of the Council

The Native Vegetation Council is established.
The Council has the powers, functions and duties conferred, assigned or imposed by this Act.

8—Membership of the Council

The Council consists of seven members appointed by the Minister of whom—
(a)one (who will be the presiding member of the Council) must be nominated by the Minister; and
(b)one must be a person selected by the Minister from a panel of three persons nominated by Primary Producers SA Incorporated; and
(c)one must be a person selected by the Minister from a panel of three persons nominated by the Conservation Council of South Australia; and
(d)1 must be a person selected by the Minister for the time being responsible for the administration of the Landscape South Australia Act 2019; and
(e)one must be a person selected by the Minister from a panel of three persons nominated by the Local Government Association of South Australia;
(f)1 must be a person with extensive knowledge of, and experience in, planning, development or mining nominated by the Minister after consultation with the Minister for Planning; and
(g)one must be a person with extensive knowledge of, and experience in, the preservation and management of native vegetation nominated by the Minister.
All members of the Council must have some knowledge of, and experience in, the preservation and management of native vegetation.
The members nominated by Primary Producers SA Incorporated and the Local Government Association of South Australia must be persons who—
(a)carry on a business of primary production (whether as owner or manager of the business); and
(b)live on, or in close proximity to, the land on which the business is carried on; and
(c)manage the business on a daily basis.
At least one member of the Council must be a woman and one must be a man.
The Minister may appoint a deputy to a member of the Council and the deputy may, in the absence, or during a temporary vacancy in the office, of that member, act as a member of the Council.
The appointment of a deputy to a member is subject to the same nomination and qualification requirements as the appointment of the member.
In this section—
Minister for Planning means the Minister who has portfolio responsibility for urban and regional planning within the State.

9—Conditions of office

A member of the Council will be appointed for a term not exceeding two years on conditions determined by the Minister and will, on the expiration of a term of office, be eligible for reappointment.
A member may be removed from office by the Minister—
(a)for misconduct; or
(b)for neglect of duty; or
(c)for incompetence; or
(d)for mental or physical incapacity to carry out the duties of office satisfactorily; or
(e)for breach of, or non‑compliance with, a condition of appointment.
The office of a member becomes vacant if the member—
(a)dies; or
(b)completes a term of office and is not reappointed; or
(c)resigns by written notice addressed to the Minister; or
(d)is removed from office by the Minister under subsection (2).
Upon the office of a member becoming vacant, a person must be appointed in accordance with this Act to the vacant office.

10—Allowances and expenses
A member of the Council, or of a committee established by the Council, is entitled to such remuneration, allowances and expenses as the Minister may determine.
11—Procedures at meetings of the Council

The presiding member will preside at meetings of the Council or, in his or her absence, his or her deputy will preside or, in the absence of both of them, a member chosen by those present will preside.
Subject to subsection (3) the Council may act despite vacancies in its membership.
Four members constitute a quorum of the Council.
A decision in which a majority of the members present at a meeting concur is a decision of the Council but if the members are equally divided the decision of the person presiding at the meeting is the decision of the Council.
Subject to this Act, the Council may determine its own procedures.

12—Validity of acts of Council

No act or proceeding of the Council is invalid by reason only of a vacancy in the office of a member, or a defect in the appointment of a member.

13—Application of Public Sector (Honesty and Accountability) Act

The Public Sector (Honesty and Accountability) Act 1995 applies to a member of the Council as an advisory body member (whether the Council is providing advice to the Minister or performing some other function).
A member of the Council 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 the member has an interest in a matter that is shared in common with primary producers generally, or a substantial section of primary producers.

14—Functions of Council

The Council has the following functions:
(a)to keep the condition of the native vegetation of the State under review; and
(b)to advise the Minister in relation to—
(i)the preservation, enhancement and management of existing native vegetation; and
(ii)the re-establishment of native vegetation on land where native vegetation has been cleared or degraded; and
(iii)research into the preservation, enhancement and management of native vegetation and the re-establishment of native vegetation on cleared land; and
(c)to keep the principles of clearance of native vegetation under review and to advise the Minister of any changes to the principles that it considers are necessary or desirable; and
(d)to determine applications for consent to clear native vegetation under Part 5; and
(da)to assess and respond to applications referred to the Council under the Planning, Development and Infrastructure Act 2016; and
(e)to encourage research into the preservation, enhancement and management of existing native vegetation; and
(f)to encourage the re-establishment of native vegetation on land from which native vegetation has been cleared; and
(g)to administer the Fund pursuant to Division 3; and
(h)such other functions as are assigned to the Council under this or any other Act.
The Council, in performing a function, or exercising a power, under this Act—
(a)must take into account, and seek to further, the objects of this Act; and
(b)must take into account, and seek to further, the principles of clearance of native vegetation (insofar as they are relevant in the particular circumstances); and
(c)must take into account the provisions of the State Landscape Strategy, and any other relevant regional landscape plan, under the Landscape South Australia Act 2019,
and, in any event, must not act in a manner that is seriously at variance with the principles of clearance of native vegetation.
If the Council has reason to believe that a person may have acted in contravention of this Act, the Council should investigate the matter as expeditiously as possible.

15—Delegation of powers and functions

Subject to this Act, the Council may, with the approval of the Minister, delegate any of its powers or functions.
A delegation under this section—
(a)may be made to—
(i)the presiding member or another member of the Council; or
(ii)a committee established by the Council (whether or not it consists of or includes a member or members of the Council); or
(iii)a local council or other body corporate; or
(iv)any other person;
(b)may be made subject to such conditions as the Council thinks fit;
(c)is revocable at will and does not derogate from the power of the Council to act in any matter itself.
A delegation and the revocation of a delegation under this section must be in writing.
A delegation under this section may be made to the person for the time being holding an office or position specified in the delegation.
Where the Council delegates powers or functions to a local council in pursuance of this section, the local council may, with the approval of the Council, subdelegate those powers to a committee or officer of the local council.

(5a)The Council may only make a delegation to a local council or an officer of a local council under subsection (2) with the written approval of the relevant council.
(5b)The Council may only make a delegation to a local council or an officer of a local council under subsection (2), or approve a subdelegation to a committee or officer of a local council under subsection (5), if—
(a)in the case of a delegation to a local council or a subdelegation to a committee—the Council makes it a condition of the delegation or approval (as the case may be) that the local council or committee will, in the exercise or performance of a delegated power or function, seek the advice of a person who holds a qualification in a field of natural resource management, or in biology;
(b)in the case of a delegation or subdelegation to an officer of a local council—the officer is a person who holds a qualification in a field of natural resource management, or in biology.

A person to whom powers or functions are delegated under this section is disqualified from acting in pursuance of the delegation in relation to any matter in which the delegate has a personal interest or a direct or indirect pecuniary interest.
Maximum penalty: $5 000.
A person who is a member of a local council or the governing body of a body corporate to which powers or functions are delegated under this section is disqualified from taking part in any deliberations or decisions of the local council or body corporate made pursuant to the delegation in relation to any matter in which that person has a personal interest or a direct or indirect pecuniary interest.
Maximum penalty: $5 000.
Despite a preceding subsection, the Council may only delegate a power to act in relation to any matter within the Murray-Darling Basin with the approval of the Minister to whom the administration of the River Murray Act 2003 is committed.
Despite a preceding subsection, the Council may only delegate a power to act in relation to any matter within the Adelaide Dolphin Sanctuary with the approval of the Minister for the Adelaide Dolphin Sanctuary.

16—Staff

There must be a secretary to the Council and such other staff to assist the Council as the Minister thinks fit.
The secretary and other members of staff are to be Public Service employees.
The Council may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.

17—Annual report

On or before 31 October in each year, the Council must prepare and present to the Minister a report upon the administration of this Act during the year that ended on the preceding 30 June and must as part of that report, report upon the work of the Council in carrying out its functions and achieving the objects of this Act.
The report must set out the purposes for which money from the Fund was applied in the relevant year and the amount applied for each purpose and must explain why the Fund was applied in that manner.
The Minister must, within six sitting days after receiving a report presented under this section, cause copies of the report to be laid before both Houses of Parliament.

Division 3—The Native Vegetation Fund
21—The Fund

The Native Vegetation Fund is established.
The Fund is subject to the management and control of the Council.
The Fund consists of—
(a)money appropriated by Parliament for the purposes of the Fund; and
(b)fees payable in respect of applications to the Council to clear native vegetation; and
(c)amounts paid into the Fund in accordance with a condition under section 29(11)(d); and
(ca)expiation fees and penalties recovered in respect of offences against this Act; and
(cb)amounts paid into the Fund in accordance with an order under section 31A(6)(f) or (g); and
(cc)amounts paid into the Fund in accordance with an order under section 31EA; and
(cd)amounts paid into the Fund in accordance with any provision made by the regulations; and
(d)interest and accretions arising from investment of the Fund.

(3a)If an application to clear native vegetation is made to a local council or other body corporate or other person acting under delegation from the Council, the prescribed fee paid by the applicant under section 28(3)(b)(ii)(C) (excluding the fee prescribed for the report referred to in section 28(3)(b)(ii)(A)) may be retained by the local council or other body or person.

The Fund may, with the approval of the Minister, be invested in a manner determined by the Council.
The Council may make payments from the Fund in accordance with this Act.
Money paid into the Fund under subsection (3)(c), (ca), (cb), (cc) or (cd) must, as far as practicable, be used—
(a)to preserve and maintain native vegetation on land that is within the same region of the State as the relevant land (including preserving and maintaining native vegetation referred to in paragraph (b)); or
(b)to establish or regenerate native vegetation on land that is within the same region of the State as the relevant land and that has been selected by the Council for that purpose after having regard to the Regional Biodiversity Plan or Plans (if any) approved by the Minister that apply within that region.

(6a)However, the Council may use the money referred to in subsection (6) to establish, regenerate or maintain native vegetation in a region of the State other than the region where the relevant land is located if—
(a)the Council is satisfied that the environmental benefit to be achieved in the other region will outweigh the value of achieving a significant environmental benefit within the region where the relevant land is located; and
(b)the native vegetation includes or supports—
(i)plants of a rare, vulnerable or endangered species; or

(ii)plants that provide habitat for rare, vulnerable or endangered species of native animals; or
(iii)the whole, or a part, of a plant community that is rare, vulnerable or endangered; or
(iv)a significant remnant of vegetation in an area which has been extensively cleared; and

(c)the establishment, regeneration or maintenance of the native vegetation is carried out in accordance with guidelines adopted under section 25 that apply to such establishment, regeneration or maintenance.

(6b)For the purposes of making an assessment under this section as to whether 2 or more places are within the same region of the State, the Council may take into account such matters as it thinks fit.
(6c)To avoid doubt, nothing in this section prevents the Council from making a payment from the Fund to the person or body who paid the money into the Fund so that the person or body can establish, regenerate or maintain native vegetation in accordance with this Act.

In this section—
relevant land means—
(a)in a case where subsection (3)(c) applies—land that is to be cleared under the consent to which the relevant condition relates;
(b)in a case where subsection (3)(ca), (cb) or (cc) applies—land on which the native vegetation involved in the offence or breach of the Act by virtue of which the relevant amount became payable was grown or was situated;
(c)in a case where subsection (3)(cd) applies—land on which the native vegetation that is relevant to the operation of the particular regulation was grown or was situated.

22—Accounts and audit

The Council must keep proper accounts of receipts and payments in relation to the Fund.
The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund.

Part 4—Heritage agreements, proposals for revegetation and financial and other assistance
Division 1—Heritage agreements
23—Heritage agreements

The Minister may enter into a heritage agreement with the owner of land—
(a)where native vegetation is growing or situated and the Minister considers that provision should be made for the preservation or enhancement of the native vegetation; or
(b)where the land has been re-vegetated with plants of one or more species indigenous to the local area so as to be representative of a naturally occurring plant community and the Minister considers, after having regard to the Regional Biodiversity Plan or Plans (if any) approved by the Minister, and associated pre-European vegetation mapping (if any) undertaken by the Minister, that apply in the vicinity of the relevant land, that provision should be made for the preservation or enhancement of that vegetation.
A heritage agreement attaches to the land and is binding on the current owner of the land whether or not that owner was the person with whom the agreement was made.
The Minister may, by agreement with the owner of the land to which a heritage agreement applies, vary or terminate the agreement.
A heritage agreement is, to the extent specified in the agreement, binding on the occupier of the land.
The Minister must not enter into, vary or terminate a heritage agreement under this section without first consulting and obtaining the approval of the Council.

23A—Effect of heritage agreement

A heritage agreement may contain any provision for the preservation or enhancement of native vegetation.
A heritage agreement may, for example—
(a)restrict the use of land to which it applies;
(b)require specified work or work of a specified kind to be carried out in accordance with specified standards on the land;
(c)restrict the nature of work that may be carried out on the land;
(d)provide for the management of the land, native vegetation on the land or any animals living on or visiting the land in accordance with a particular management plan or in accordance with management plans to be agreed from time to time between the Minister and the owner;
(e)provide for remission of rates or taxes in respect of the land;
(f)provide for the Minister to pay to the owner of the land an amount in respect of the decrease in the value of the land resulting from the execution of the heritage agreement and noting by the Registrar-General of the fact that it has come into force;
(g)provide for the Minister to pay to the owner of the land an amount as an incentive to enter into the heritage agreement.
A term of a heritage agreement providing for the remission of rates or taxes has effect despite any law to the contrary.
The amount that the Minister agrees to pay in respect of the decrease in the value of the land referred to in subsection (2) must not exceed the amount of the decrease determined by the Valuer-General.
Any money required by the Minister to meet his or her obligations under a heritage agreement entered into under this section must be paid to the Minister from the Fund.

23B—Registration of heritage agreements

The Council must keep a register of heritage agreements entered into under this Act and must include in the register any agreement varying or terminating a heritage agreement.
The register must be kept available for public inspection at the office of the Council during ordinary office hours.
When the Minister enters into a heritage agreement, or an agreement varying or terminating a heritage agreement, the Registrar-General must, on application by the Minister or another party to the agreement, note the agreement against the relevant instrument of title or, in the case of land not under the Real Property Act 1886, against the land (and, subject to an appropriate application under this subsection, must ensure that the note is not removed once made).

Division 2—Approval by the Council of proposal for revegetation
23D—Application of Division
This Division applies to native vegetation if—
(a)the Council has declared that this Division applies to the vegetation under section 23E; or
(b)the vegetation is established pursuant to a proposal approved by the Council under section 23F.

23E—Declaration in relation to existing vegetation
The Council may, on the application of the owner of land that has been revegetated with plants of one or more species indigenous to South Australia, declare that this Division applies to the vegetation if, in its opinion, the value of the vegetation is sufficient to warrant the application of the controls against clearance under Part 5.
23F—Proposal for revegetation of land
An owner of land who wishes to revegetate the land with plants of one or more species indigenous to the local area that will be representative of a naturally occurring plant community may submit the proposal to the Council for approval.
23G—Information required on application or submission
The landowner's application under section 23E or submission under section 23F must be in a form approved by the Council and must include, or be accompanied by, such information as the Council requires.
23H—Decision by the Council

If, in the opinion of the Council after having regard to the Regional Biodiversity Plan or Plans (if any) prepared by the Minister, and associated pre-European vegetation mapping (if any) undertaken by the Minister, that apply in the vicinity of the relevant land, and any other matter considered relevant by the Council, the value of the native vegetation referred to in section 23E or 23F is, or will be, sufficient to warrant application of the controls against clearance under Part 5, it may make a declaration in relation to the vegetation under section 23E or approve the proposal under section 23F.
The Council may, if it thinks it appropriate to do so, vary or revoke a declaration or approval made or given under this Division.

23I—Noting of Council's approval against the title to the land

Where the Council has made a declaration or given its approval under this Division, it must inform the Registrar-General in writing of the declaration or approval and must provide the Registrar-General with such further information as he or she requires to comply with subsection (3).
However, the Council need not proceed to inform the Registrar-General of an approval under section 23F until the Council is satisfied that it is appropriate to do so in accordance with the terms of the approval.
The Registrar-General must note the declaration or approval against the relevant instrument of title for the land or, in the case of land not under the Real Property Act 1886, against the land.
The Registrar-General must, on application by the Council after the making of a decision under section 23H(2), vary or cancel a note under subsection (3) (but must otherwise ensure that the note is not removed once made).

Division 3—Financial and other assistance
24—Assistance to landowners

An owner of land that is subject to a heritage agreement may apply to the Council for financial or other assistance in—
(a)managing the land, native vegetation on the land or any animals living on or visiting the land;
(b)preserving or enhancing native vegetation on the land;
(c)establishing native vegetation on the land;
(d)undertaking research in relation to the preservation, enhancement or management of native vegetation on the land or of animals living on or visiting the land.

(1a)An owner of land in relation to which a proposal has been approved by the Council under Division 2 may apply to the Council for financial assistance in establishing native vegetation on the land in accordance with the proposal.

An application must be in a form approved by the Council and must set out the applicant's proposals for the application of the assistance requested by the applicant.
The applicant's proposals must be based on guidelines adopted by the Council under this Part.
The Council may grant an application for assistance subject to such conditions as it thinks fit including, in the case of an application under subsection (1), the execution of an agreement varying the heritage agreement in a manner approved by the Council.
Money payable by way of financial assistance under this section must be paid from the Fund.
Where, in the opinion of the Council, a person to whom the Council has granted financial assistance under this section—
(a)contravenes or fails to comply with a condition attached to the grant of the assistance; or
(b)fails, within a reasonable time, to apply the amount granted for the purpose for which it was granted,
the Council may serve written notice on that person demanding repayment of the amount granted or such lesser amount as is specified in the notice.
An amount demanded by the Council under subsection (6) is a debt due by the person from whom it is demanded to the Council and upon recovery must be paid by the Council into the Fund.

A court that is considering a claim for payment of a debt referred to in subsection (7) may refuse to order payment of all or part of the amount claimed if, in its opinion, the person to whom the financial assistance was granted has applied it in accordance with the conditions on which it was granted or in accordance with what he or she genuinely believed to be the conditions on which it was granted.

25—Guidelines for the application of assistance and the management of native vegetation

The Council must prepare draft guidelines in relation to—
(a)the application of financial and other assistance provided by the Council; and
(b)the management of native vegetation; and
(ba)the establishment, regeneration or maintenance of native vegetation under section 21(6a); and
(c)the operation of section 29(4a); and
(d)clearing vegetation by the process commonly known as a cold burn; and
(e)any other matter required by the regulations.
After preparation of the draft guidelines the Council must—
(a)by public advertisement, invite members of the public to make representations to the Council (within a period of not less than two months following publication of the advertisement) as to matters that should be addressed by the guidelines; and
(ab)submit the guidelines to the Minister for comment; and
(b)submit the guidelines for comment by the regional landscape board for the landscape management region to which the guidelines relate; and
(c)where the guidelines relate to pastoral land, submit the guidelines to the Pastoral Board for comment; and
(e)where the guidelines relate to land within the area of a local council, submit the guidelines to the Local Government Association of South Australia for comment; and
(f)submit the guidelines to Primary Producers SA Incorporated and to the Conservation Council of South Australia Incorporated for comment; and
(g)where the guidelines relate to land within the Murray-Darling Basin, submit the guidelines to the Minister to whom the administration of the River Murray Act 2003 is committed for comment.
The public advertisement referred to in subsection (2)(a) must—
(a)specify an address at which copies of the draft guidelines may be purchased or inspected;
(b)specify an address to which representations in connection with the draft guidelines may be forwarded.

(3a)Where the guidelines relate to land within the Murray-Darling Basin, the guidelines must seek to further the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under the River Murray Act 2003 (insofar as they may be relevant).
(3b)Where the guidelines relate to land within the Adelaide Dolphin Sanctuary, the guidelines must seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005 (insofar as they may be relevant).

The Council may adopt the draft guidelines with, or without, amendment but must, before adopting them, consider all representations made by members of the public and comments made pursuant to subsection (2).
The Council must, by public advertisement, specify an address at which copies of guidelines adopted by the Council may be purchased or inspected.

(5a)The Council may, by following the procedures required by this section for the preparation and adoption of the initial guidelines, prepare and adopt guidelines varying or replacing guidelines previously adopted under this section.
(5b)Where the Council thinks it is desirable to take the time to consult on proposed guidelines in more detail than is required by this section, it may prepare and adopt guidelines under this section as an interim measure with the intention of varying or replacing them if necessary after it has had time for further consultation.
(5c)For the purposes of this section, draft guidelines in relation to the application of financial and other assistance will only be taken to relate to a landscape management region, pastoral land, the Murray-Darling Basin or the Adelaide Dolphin Sanctuary if the guidelines explicitly state that they do.

In this section—
public advertisement means an advertisement published in the Gazette and in a newspaper circulating throughout the State.

Part 4A—Credit, assignment and third party establishment of environmental benefits
25A—Credit for environmental benefits

If—
(a)a person—
(i)has achieved an environmental benefit (not being a benefit required in relation to a consent to clear native vegetation or under any other requirement under this Act); or
(ii)has, in accordance with a consent to clear native vegetation, achieved an environmental benefit that exceeds the value of the minimum benefit needed to offset the loss of the cleared vegetation; and
(b)the Council is satisfied that the benefit or excess benefit (as the case requires) is of a significant value,
the Council may, for the purposes of this Act—
(c)credit the person with having achieved an environmental benefit of a value determined by the Council (whether monetary or otherwise); and
(d)take into account and apply the value of the credit (adjusted to reflect the value, in the Council's opinion, of the native vegetation the subject of the credit at the time it is so applied) to—
(i)an amount of environmental benefit the person must achieve; or
(ii)an amount of compensation proposed to be paid into the Fund under section 28(4); or
(iii)an amount to be paid into the Fund under any other provision of this Act as an alternative to achieving an environmental benefit.
In determining the value of an excess benefit contemplated by subsection (1)(a)(ii), the Council must have regard to the approximate difference between the value of the environmental benefit achieved by the person and the value of the environmental benefit that would, in the Council's opinion, have been the minimum the person would have been required to achieve in the circumstances.

25B—Assignment of credit

Subject to this section, a person credited under section 25A with having achieved an environmental benefit (the assignor) may, with the written approval of the Council, assign the whole or part of the credit to another person or body (the assignee).
An application for approval under subsection (1)—
(a)must be made in a manner and form determined by the Council; and
(b)must be accompanied by such information as the Council may reasonably require; and
(c)must be accompanied by the prescribed fee.
The Council must not give its approval under subsection (1) unless the assignor has complied with any requirement of the Council to do 1 or more of the following:
(a)enter into a heritage agreement in respect of the native vegetation that is the subject of the credit to be assigned;
(b)enter into a management agreement under section 25D in respect of the native vegetation that is the subject of the credit to be assigned.
Before giving its approval under subsection (1), the Council must have regard to any Regional Biodiversity Plan or Plans approved by the Minister that apply within any region relevant to the application.
An approval may be conditional or unconditional.
A condition of an approval is binding on, and enforceable against—
(a)the assignor; and
(b)all owners and occupiers, and subsequent owners and occupiers, of the land on which the native vegetation that is the subject of the assigned credit is growing or situated.
The Council may, by notice in writing, vary or revoke a condition of an approval.
An approval remains in force for the period specified by the Council in the approval, or for such longer period as the Council may fix on application by the assignor or assignee.
The Council must inform the Registrar‑General in writing of all conditions imposed under this section that relate to land and must provide the Registrar‑General with such further information as the Registrar‑General requires to comply with subsection (10).
The Registrar‑General must note the conditions against the relevant instrument of title for the land or, in the case of land not under the Real Property Act 1886, against the land.
The Registrar‑General must, on the application of the Council after the variation or revocation of a condition under this section, vary or cancel a note under subsection (10) (but must otherwise ensure that the note is not removed once made).
For the purposes of this Act—
(a)credit assigned under this section will be taken to be credit of the assignee;
(b)an assignment of credit that contravenes this section is, unless the Council determines otherwise, void and of no effect.

25C—Achievement of environmental benefit by accredited third party provider

Subject to this section, a requirement under this Act that an environmental benefit be achieved by a person (the proponent) may, with the written approval of the Council, be satisfied by means of the achievement of the environmental benefit by an accredited third party provider.
An application for approval under subsection (1)—
(a)must be made in a manner and form determined by the Council; and
(b)must be accompanied by such information as the Council may reasonably require; and
(c)must be accompanied by the prescribed fee.
The Council must not give its approval under subsection (1) unless the accredited third party provider—
(a)has entered into a management agreement under section 25D in respect of the native vegetation comprising the environmental benefit; and
(b)has complied with any other requirements prescribed by the regulations for the purposes of this section.
Before giving its approval under subsection (1), the Council must have regard to any Regional Biodiversity Plan or Plans approved by the Minister that apply within any region relevant to the application.
An approval may be conditional or unconditional.
A condition of an approval is binding on, and enforceable against—
(a)the accredited third party provider; and
(b)all owners and occupiers, and subsequent owners and occupiers, of the land on which the native vegetation comprising the environmental benefit is growing or situated.
The Council may, by notice in writing, vary or revoke a condition of an approval.
An approval remains in force for the period specified by the Council in the approval, or for such longer period as the Council may fix on application by the proponent or provider.
The Council must inform the Registrar‑General in writing of all conditions imposed under this section that relate to land and must provide the Registrar‑General with such further information as the Registrar‑General requires to comply with subsection (10).
The Registrar‑General must note the conditions against the relevant instrument of title for the land or, in the case of land not under the Real Property Act 1886, against the land.
The Registrar‑General must, on the application of the Council after the variation or revocation of a condition under this section, vary or cancel a note under subsection (10) (but must otherwise ensure that the note is not removed once made).
In this section—
accredited third party provider means a person or body accredited for the purposes of this section in accordance with the regulations.

25D—Management agreements

The Minister may enter into a management agreement with—
(a)an assignor of credit under section 25B; or
(b)an accredited third party provider of an environmental benefit under section 25C.
A management agreement may contain such provisions for the management of the relevant native vegetation as the Minister thinks fit, including (without limiting the generality of this subsection)—
(a)requiring specified work or work of a specified kind to be carried out in accordance with specified standards on the land on which the relevant native vegetation is growing or situated (the subject land); and
(b)restricting the nature of work or other activities that may be carried out on the subject land.
A management agreement attaches to the subject land and is binding on the current owner of the subject land whether or not that owner was the person with whom the agreement was made.
The Minister may, by agreement with the owner of the subject land to which a management agreement applies, vary or terminate the agreement.
A management agreement is, to the extent specified in the agreement, binding on the occupier of the subject land.
The Minister must not enter into, vary or terminate a management agreement under this section without first consulting and obtaining the approval of the Council.
If the Minister enters into a management agreement, or an agreement varying or terminating a management agreement, the Registrar‑General must, on application by the Minister, note the agreement against the relevant instrument of title or, in the case of subject land not under the Real Property Act 1886, against the land (and, subject to an appropriate application under this subsection, must ensure that the note is not removed once made).
In this section—
relevant native vegetation means the native vegetation that is the subject of credit assigned under section 25B or that comprises the environmental benefit achieved, or to be achieved, by the accredited third party provider under section 25C (as the case requires).

25E—Register

The Council must keep a register for the purposes of this Part.
The register must contain the information required by the regulations in relation to—
(a)each credit under section 25A; and
(b)each application of credit toward the matters contemplated by section 25A(1)(d); and
(c)each assignment of credit under section 25B; and
(d)each achievement of an environmental benefit by accredited third party providers under section 25C; and
(e)each management agreement under section 25D,
and may contain any other information the Council thinks fit.
The register must be kept available for public inspection, without fee, at the office of the Council during ordinary office hours.

Part 5—Clearance and enforcement
Division 1—Control of clearance
26—Offence of clearing native vegetation contrary to this Part

A person must not clear native vegetation unless the clearance is in accordance with this Part.
Maximum penalty: A sum calculated at the prescribed rate for each hectare (or part of a hectare) of the land in relation to which the offence was committed or $100 000, whichever is greater.
Expiation fee: $750.
A person must not contravene or fail to comply with a condition attached to a consent granted under this Part.
Maximum penalty: A sum calculated at the prescribed rate for each hectare (or part of a hectare) of the land in relation to which the offence was committed or $100 000, whichever is greater.
Expiation fee: $750.

(2a)If a court convicts a person—
(a)of an offence against subsection (1); or
(b)of an offence against subsection (2) where the effect of the contravention of or failure to comply with the condition that constitutes the offence is that native vegetation has been cleared without the consent of the Council,

the Council must, within the prescribed period, initiate civil proceedings under Division 2 in order to require the offender to make good the breach of this Act unless such proceedings have already been commenced, or an order has already been made, under that Division in relation to the matter, or the conviction is overturned on appeal.

In this section—
land in relation to which the offence was committed means—
(a)land on which the vegetation is or was growing or is or was situated; and
(b)land that has been, or will be, affected in any way (including by an increase in its value) by reason of the commission of the offence;
the prescribed period, in relation to the initiation of civil proceedings against an offender, means—
(a)6 months after the time within which the offender may appeal against the relevant conviction; or
(b)if an appeal is commenced—6 months after—
(i)the appeal is dismissed, struck out or withdrawn; or
(ii)any questions raised by the appeal have been finally determined;
the prescribed rate means—
(a)the amount (if any) per hectare by which the land in relation to which the offence was committed has increased in value as a direct result of the commission of the offence; or
(b)$2 500,
whichever is the greater.
In determining the amount by which the value of land has increased as the result of the commission of an offence under this section, no account may be taken of the possibility that the establishment of vegetation on the cleared land may be ordered under Division 2.

27—Clearance of native vegetation

Subject to any other Act or law to the contrary—
(a)native vegetation may, subject to this section, be cleared with the consent of the Council given in accordance with section 29;
(b)native vegetation may, subject to subsection (5)(b), be cleared—
(i)if the vegetation is of a prescribed class; or
(ii)in prescribed circumstances;
(c)native vegetation may, subject to subsection (5)(c), be cleared without any other restriction under this Act if the clearance falls within the ambit of subsection (4a).
Subject to subsection (3), the Council cannot give its consent to the clearance of native vegetation under subsection (1)(a) if the vegetation comprises or forms part of a stratum of native vegetation that is substantially intact (see section 3A).
The Council may, despite subsection (2) but subject to the other requirements of this Division, give its consent to the harvesting of native vegetation if, in its opinion, the harvesting will not result in any lasting damage to the plants comprising the vegetation, lead to significant soil damage or erosion, or result in any long-term loss of biodiversity.
The Council may give its consent under subsection (3) subject to such conditions (if any) as the Council thinks fit to impose.

(4a)The clearance of native vegetation falls within the ambit of this subsection if—
(a)the clearance occurs in the course of clearing vegetation by the process commonly known as a cold burn (being a cold burn conducted in accordance with any relevant guidelines adopted by the Council under section 25); or
(b)the clearance is authorised by the relevant Chief Officer under subsection (4b).

(4b)The relevant Chief Officer may authorise the clearance of native vegetation under this subsection if the Chief Officer considers—
(a)that the clearance is reasonably necessary and appropriate for the purpose of protecting the life, health or safety of any person from a serious risk of bushfire after taking into account any guidelines developed by the Council after consultation with the Chief Officer of SACFS and the Chief Officer of SAMFS; and
(b)that it is appropriate to proceed under this subsection rather than the other provisions of this Act due to the circumstances of the particular case.

(4c)A Chief Officer may—
(a)give an authorisation under subsection (4b) subject to such conditions (if any) as the Chief Officer thinks fit to impose; and
(b)vary or revoke an authorisation under subsection (4b) due to a change in circumstances.

(4d)A Chief Officer may only delegate a power under subsection (4b) or (4c) to a Deputy Chief Officer or Assistant Chief Officer of the relevant service.

Native vegetation that is growing or is situated on land that is subject to a heritage agreement under this Act, a heritage agreement that was entered into in compliance with a condition of consent to clear native vegetation under the repealed Act or a management agreement under section 25D cannot be cleared—
(a)under subsection (1)(a) unless the Minister has also given his or her consent to the clearance;
(b)under subsection (1)(b) unless a regulation prescribing a class of vegetation under paragraph (b)(i) or circumstances under paragraph (b)(ii) explicitly extends its operation to vegetation on land that is subject to such an agreement.

If the Minister attaches conditions to his or her consent under subsection (5)(a), the Council's consent to the clearance will be taken to be subject to the same conditions, in addition to any other conditions imposed by the Council.
In this section—
Chief Officer means a Chief Officer of SACFS or a Chief Officer of SAMFS (as the case requires) and includes a person for the time being acting in the relevant office;
fire‑control purposes—these are purposes associated with preventing or controlling the spread of fires or potential fires;
relevant Chief Officer, in relation to an authorisation under subsection (4b), means—
(a)if the relevant land is in a fire district established for the purposes of SAMFS—the Chief Officer of SAMFS;
(b)in any other case—the Chief Officer of SACFS;
SACFS means the South Australian Country Fire Service;
SAMFS means the South Australian Metropolitan Fire Service.

28—Application for consent

Subject to subsection (2), the owner of land on which native vegetation is growing or is situated, or a person acting on his or her behalf, (but no other person) may apply for consent to clear the vegetation.
Where the land is held from the Crown under a miscellaneous lease, an application for consent to clear vegetation can only be made by the Minister for Environment and Conservation.
An application for consent—
(a)must be in a form approved by the Council;
(b)must be accompanied by—
(i)—
(A)if an environmental benefit required under this Act is to be satisfied by the application of a credit under section 25A—
•if the credit has been assigned in accordance with section 25B—a management agreement prepared under section 25D; and
•in any case—
•information that establishes that the applicant has been credited, in accordance with section 25A or 25B, with having achieved an environmental benefit of a particular value; and
•information that establishes that the environmental benefit the subject of the credit amounts, after allowing for the loss of the vegetation to be cleared, to a significant environmental benefit; or
(B)if an environmental benefit required under this Act has been, or is to be, achieved by an accredited third party provider in accordance with section 25C—
•a management agreement prepared under section 25D; and
•information that establishes that the environmental benefit achieved, or to be achieved, by the accredited third party provider will, after allowing for the loss of the vegetation to be cleared, result in a significant environmental benefit; or
(C)if an environmental benefit required under this Act is to be achieved in any other way—
•a native vegetation management plan prepared by the applicant in accordance with guidelines adopted by the Council under Part 4; and
•information that establishes that subsequent establishment, regeneration or maintenance of native vegetation (whether on the land after the proposed clearance or on other land) in accordance with the native vegetation management plan will, after allowing for the loss of the vegetation to be cleared, result in a significant environmental benefit; or
(D)information that establishes that it is not possible for the applicant to achieve a significant environmental benefit in the manner contemplated by subsubparagraph (C); and
(ii)in any case—
(A)the prescribed number of copies of a report relating to the proposed clearance prepared in a form approved by the Council; and
(B)such other information as the Council reasonably requires; and
(C)the prescribed fee (including the fee prescribed for the report referred to in subsubparagraph (A)).
Where an applicant provides information referred to in subsection (3)(b)(i)(D), he or she may propose that he or she make a payment into the Fund to compensate for the fact that there will not be a significant environmental benefit associated with the proposed clearance.
The report referred to in subsection (3)(b)(ii)(A) must be prepared by the agency or instrumentality of the Crown or other person or body specified by the regulations.
On receipt of the fee prescribed for the report referred to in subsection (3)(b)(ii)(A), the Council (or a local council or other body or person acting under delegation from the Council) must pay the amount of the fee to the Minister who must apply the amount received towards the cost of administering this Act.
The Council must ensure that a copy of the report referred to in subsection (3)(b)(ii)(A), and of any Assessment Report prepared by the Minister's department in response to the making of an application under this section, is available for inspection, without fee, during ordinary office hours at the principal office of the Council, and is also available in any other manner, or at any other place, determined by the Minister.

29—Provisions relating to consent

Subject to this section, in deciding whether to consent to an application to clear native vegetation, the Council—
(a)must have regard to the principles of clearance of native vegetation so far as they are relevant to that decision; and
(b)must not make a decision that is seriously at variance with those principles.
When determining an application to clear native vegetation in order to facilitate the management of other native vegetation, the Council must, in exercising its limited discretion under subsection (1), have regard to the applicant's desire to facilitate the management of that other vegetation.
When determining an application to clear native vegetation that is growing or is situated on land that forms part of a property that is used for the business of primary production, the Council must, in exercising its limited discretion under subsection (1), have regard to the applicant's desire to operate the business as efficiently as possible.
The Council may give its consent to clearance of native vegetation that is in contravention of subsection (1)(b) if—
(a)the vegetation comprises one or more isolated plants; and
(b)the applicant is engaged in the business of primary production; and
(c)in the opinion of the Council, the retention of that plant, or those plants, would put the applicant to unreasonable expense in carrying on that business or would result in an unreasonable reduction of potential income from that business.

(4a)The Council may give its consent to the clearance of native vegetation that is in contravention of subsection (1)(b) if—
(a)the Council has adopted guidelines under section 25 that apply in relation to the region where the native vegetation is situated (being guidelines envisaged under subsection (1)(c) of that section); and
(b)the Council is satisfied—
(i)that a significant environmental benefit, which outweighs the value of retaining the vegetation, is to be achieved through the imposition of conditions and the taking of other action by the applicant; and

(ii)that the particular circumstances justify the giving of consent.

(4b)The Council may give its consent to the clearance of native vegetation that is in contravention of subsection (1)(b) if the Council is satisfied that—
(a)—
(i)a significant environmental benefit, which outweighs the value of retaining the vegetation, has been achieved and credited to the applicant under section 25A, or assigned to the applicant under section 25B; or

(ii)a significant environmental benefit, which outweighs the value of retaining the vegetation, has been, or is to be, achieved by an accredited third party provider in accordance with section 25C; or
(iii)a significant environmental benefit, which outweighs the value of retaining the vegetation, has been, or is to be, achieved by or on behalf of the applicant, having regard to the combined value of—
(A)the value of any environmental benefit credited to the applicant under section 25A, or assigned to the applicant under section 25B; and
(B)the value of any environmental benefit that has been, or is to be, achieved by an accredited third party provider in accordance with section 25C; and
(C)the value of any environmental benefit to be achieved through the imposition of conditions and the taking of other action by the applicant; and

(b)that the particular circumstances justify the giving of consent.

The Council must, before giving its consent, consult the regional landscape board for the landscape management region where the native vegetation is situated and have regard to the board's recommendations (if any) in relation to the application.
Where native vegetation that is the subject of an application for the Council's consent to clear under this Division is on pastoral land, the Council must, before giving its consent, consult the Pastoral Board and have regard to the Board's recommendations (if any) in relation to the application.
Where the Pastoral Board has been consulted by the Council under subsection (6), the board may request the owner of the land to submit to it a property plan under the Pastoral Land Management and Conservation Act 1989 and, until the plan has been submitted to it, the board may recommend to the Council that it refuse consent solely on the ground that the plan has not been submitted.
Section 41(10) of the Pastoral Land Management and Conservation Act 1989 does not apply to, or in relation to, a property plan requested by the Pastoral Board under subsection (8).

(9a)If an application for the Council's consent relates to native vegetation within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all such consents), the Council must, before giving its consent—
(a)consult the Minister to whom the administration of the River Murray Act 2003 is committed; and
(b)comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then it be subject to conditions specified by the Minister).

(9b)If an application for the Council’s consent relates to native vegetation, other than mangroves, within the Adelaide Dolphin Sanctuary and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all such consents), the Council must, before giving its consent, consult with and have regard to the views of the Minister for the Adelaide Dolphin Sanctuary.
(9c)If an application for the Council's consent relates to mangroves (Avicennia marina) within the Adelaide Dolphin Sanctuary, the Council must, before giving its consent—
(a)consult with the Minister for the Adelaide Dolphin Sanctuary; and
(b)comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then it be subject to conditions specified by the Minister).

In addition to the other requirements for consultation under this section—
(a)the Council must allow any person who desires to do so to make representations in writing to the Council, within the period prescribed by the regulations, in relation to the granting or refusal of consent to an application to clear native vegetation; and
(b)the Council may, as it thinks fit, allow a person to appear personally or by representative before it to be heard on whether the Council should or should not consent to an application to clear native vegetation.
Subject to subsection (12), the Council may give its consent to clearance of native vegetation under this section if, and only if—
(a)—
(i)it attaches to the consent a condition requiring the applicant to establish and manage native vegetation on land specified by the Council; and
(ii)the Council is satisfied that the establishment and management of vegetation in accordance with that condition will, after allowing for the loss of the vegetation to be cleared, result in a significant environmental benefit; or
(b)—
(i)it attaches to the consent a condition requiring the applicant to protect native vegetation growing or situated on land specified by the Council by erecting, improving or maintaining a fence or other barrier on the boundary of the land or on the boundary of land that includes the land to be protected to the specifications included in the condition by the Council so as to prevent livestock or other animals from entering the land; and
(ii)the Council is satisfied that the erection, improvement or maintenance of the fence or other barrier in accordance with that condition will, after allowing for the loss of the vegetation to be cleared, result in a significant environmental benefit; or
(c)—
(i)it attaches to the consent a condition requiring the applicant to enter into a heritage agreement under this Act with respect to specified native vegetation; and
(ii)the Council is satisfied that the management and protection of that vegetation in accordance with the heritage agreement will, after allowing for the loss of the vegetation to be cleared, result in a significant environmental benefit; or
(d)in a case where section 28(4) applies, it attaches to the consent a condition requiring the applicant to make a payment into the Fund of an amount considered by the Council to be sufficient to achieve a significant environmental benefit in the manner contemplated by section 21(6).
A consent to clearance of native vegetation under this section may be unconditional if, and only if, the Council is satisfied that—
(a)the clearance would not result in any loss of biodiversity; and
(b)the attachment of a condition to the consent under subsection (11) would place an unreasonable burden on the applicant.

(12a)Subsections (11) and (12) do not apply in relation to a consent to which subsection (4b)(a)(i), (ii) or (iii) applies.
(12b)The Council must account for the application of any credited environmental benefit to a consent under this Division in accordance with the scheme prescribed by the regulations.

Consent to undertake clearance under this Division remains in force for two years or for such longer period as the Council may fix at the time of granting consent or subsequently on application by a person who has the benefit of the consent.
An applicant for consent under this Division may appear before the Council in support of the application and the Council must observe the rules of natural justice when considering and determining the application.
Where the Council refuses an application in whole or in part or attaches conditions to its consent, it must provide the applicant with a written statement of the reasons for its decision.
The provisions of this section also apply to circumstances where the Council is considering an application referred to the Council under the Planning, Development and Infrastructure Act 2016 as if the Council were considering an application for consent under this Act, subject to such modifications, additions or exclusions as may be necessary for the purpose.

29A—Avoidance of duplication of procedures etc

The purpose of this section is to provide for the avoidance of unnecessary duplication of procedures and compliance requirements under the Commonwealth Act and this Act where the clearance of native vegetation requires consent under this Act and approval under the Commonwealth Act.
Despite any other provision of this Act, the Council may—
(a)accept a Commonwealth Act document as an application for consent under section 28 if (subject to subsection (5)) it complies with the requirements of this Act; and
(b)accept the whole or part of a plan, report, statement, assessment or other document used, or to be used, for the purposes of the Commonwealth Act as a native vegetation management plan referred to in section 28(3)(b)(i)(C) if (subject to subsection (5)) the document has been prepared in compliance with this Act and complies with the requirements of this Act.
To avoid doubt, where a controlled action under the Commonwealth Act comprises or includes the clearance of native vegetation, the Council may, when considering an application for consent to clear the native vegetation use information and other material provided to the Commonwealth Minister under the Commonwealth Act for the purpose of deciding whether to give his or her approval to the controlled action under that Act.
Where a controlled action under the Commonwealth Act comprises or includes the clearance of native vegetation, the Council—
(a)must, if the Commonwealth Minister has given his or her approval to the controlled action, consider whether the conditions (if any) to be imposed on the consent should be consistent with the conditions (if any) attached to the Commonwealth Minister's approval under the Commonwealth Act;
(b)may impose a condition on the consent that requires compliance with all or some of the conditions attached to the Commonwealth Minister's approval under the Commonwealth Act.
A document accepted under subsection (2)—
(a)may be in a form that does not comply with the requirements of this Act; and
(b)may include information or other material that is irrelevant for the purposes of this Act.
Once a document is accepted under subsection (2) the document will not be invalid or ineffective for the purposes of this Act because a court, tribunal or other authority has decided that it is invalid or ineffective for the purposes of the Commonwealth Act.
In this section—
assessment report means—
(a)an assessment report as defined in the Commonwealth Act by reference to section 84(3), 95, 100 or 105 of that Act; or
(b)a report under section 121 of the Commonwealth Act;
Commonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;
Commonwealth Act document means—
(a)a referral under section 68, 69 or 71 of the Commonwealth Act; or
(b)information given by a person to the Minister under the Commonwealth Act under section 86 of that Act; or
(c)information and invitation published by a proponent under section 93 of the Commonwealth Act; or
(d)guidelines prepared under section 97 or 102 of the Commonwealth Act; or
(e)a draft report prepared under section 98 of the Commonwealth Act; or
(f)a finalised report prepared under section 99 of the Commonwealth Act; or
(g)a draft statement prepared under section 103 of the Commonwealth Act; or
(h)a finalised statement prepared under section 104 of the Commonwealth Act; or
(i)an assessment report.

30—Conditions of consent

A consent under this Division to the clearance of native vegetation is subject to such conditions (if any) as the Council thinks fit to impose.
Without limiting subsection (1), consent may be subject to one or more of the following conditions:
(a)a condition requiring the applicant to—
(i)establish vegetation consisting of a specified number of plants of a specified species on specified land; and
(ii)nurture, protect and maintain the plants until they are fully established or for such period as the Council specifies;
(b)a condition requiring the applicant to protect native vegetation growing or situated on specified land;
(c)a condition restricting the purposes for which land referred to in a condition under paragraph (a)(i) or (b) can be used;
(d)a condition requiring the applicant to destroy plants of a non endemic species specified by the Council growing on land specified by the Council;
(e)a condition that the applicant enter into a heritage agreement with the Minister under this Act in the terms specified by the Council for the management of specified native vegetation;
(f)a condition requiring that a copy of the consent issued by the Council be kept in such manner, and in any place, specified by the Council.

Offences constituted by this Act lie within the criminal jurisdiction of the ERD Court.

33K—Applications during criminal proceedings

If, during the course of criminal proceedings before a court in respect of an offence against this Act, the prosecutor applies for an order under this Act relating to the offence, the court must deal with the application during the course of the criminal proceedings unless satisfied by the defendant that to do so would not be appropriate in the circumstances.
If an application for an order under this Act is made to a court before which a person was convicted of an offence against this Act—
(a)the application may be dealt with by the court; and
(b)any power in relation to the relevant order may be exercised by the court,
whether or not the court is constituted in the same way as when the person was convicted of the offence.

34—Evidentiary

An allegation in enforcement proceedings under Part 5 Division 2 or in proceedings for an offence against this Act that vegetation is, or was, comprised of a plant or plants of a species indigenous to South Australia must be accepted as proved in the absence of proof to the contrary.
Where in enforcement proceedings under Part 5 Division 2 or in proceedings for an offence against this Act it is proved that vegetation has been cleared, it must be presumed in the absence of proof to the contrary that the vegetation was cleared by the owner and occupier of the land on which it is or was growing or is or was situated.
It must be presumed in enforcement proceedings under Part 5 Division 2 and in proceedings for an offence against this Act, in the absence of proof to the contrary, that vegetation to which the proceedings relate was not intentionally sown or planted by a person.

(3a)Where in enforcement proceedings under Part 5 Division 2 or in proceedings for an offence against this Act it appears that an alleged fact has been determined by the use of an electronic, sonic, optical, mechanical or other device by an authorised officer or person assisting an authorised officer, the alleged fact must be accepted as proved in the absence of proof to the contrary.

In any legal proceedings, an apparently genuine document appearing to be a copy of a heritage agreement certified by the Minister, is, in the absence of proof to the contrary, proof of the agreement and its terms.
In enforcement proceedings under Part 5 Division 2 or in proceedings for an offence against this Act, a document produced by the prosecution or plaintiff (as the case requires) and purporting to certify that a remotely sensed image specified in the document—
(a)was captured by a specified device and is accurate to the extent indicated in the document; and
(b)was captured at a specified time on a specified date; and
(c)is an image of a specified place,
constitutes, in the absence of proof to the contrary, proof of the facts so certified.
For the purposes of this section, a reference to an electronic, sonic, optical, mechanical or other device includes a reference to any software used by, or in relation to, such a device.
In any legal proceedings, an apparently genuine document appearing to be a copy of a management agreement under section 25D certified by the Minister is, in the absence of proof to the contrary, proof of the agreement and its terms.
In this section—
image includes—
(a)a copy of an image; and
(b)data from which an image can be produced;
remotely sensed image means—
(a)an image captured by a device (whether a camera or otherwise) mounted on or in a satellite or aircraft; and
(b)any other image declared by the regulations to be included in the ambit of this definition.

35—Proceedings for an offence

Proceedings for an offence against this Act must be commenced within 5 years after the date on which the offence is alleged to have been committed.
A penalty payable in respect of an offence against this Act must be paid into the Fund.
An authorised officer cannot issue an expiation notice to a person alleged to have committed an offence against this Act unless the authorised officer has referred the matter to the Council and the Council has specifically authorised the issuing of the notice.

36—Assessment of costs and expenses
For the purposes of this Act, the costs and expenses that have been or would be incurred by the Council in taking any action are to be assessed by reference to the reasonable costs and expenses that would have been or would be incurred in having the action taken by independent contractors engaged for that purpose.
38—Vicarious liability
For the purposes of this Act, an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency.
39—Offences by bodies corporate
Where a body corporate is guilty of an offence against this Act, each member of the governing body, and the manager, of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence.
40—General defence
It is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.
40A—Register of applications

The Council must maintain a public register of applications for consent to clear vegetation received by the Council under Part 5.
The register must include—
(a)the name and address of the applicant; and
(b)the date of the application and the date on which the application was received by the Council; and
(c)a description of the application; and
(d)the location and a description of the land to which the application relates; and
(e)when it is made, the decision made by the Council in relation to the application; and
(f)any other information required by the regulations.
The register is to be made available for inspection, without fee, during ordinary office hours at the principal office of the Council.
The Council must ensure that the register can be inspected at a website determined by the Council (but is not required to have available for inspection at the website information relating to an application received by the Council before the commencement of this section unless the Council has that information in the form of electronic data).

40B—Ministerial power of delegation

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.
A delegation under this section—
(a)must be by instrument in writing; and
(b)may be absolute or conditional; and
(c)does not derogate from the power of the Minister to act in any matter; and
(d)is revocable at will.
A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

41—Regulations

The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
Without limiting the generality of subsection (1), the regulations may make provision for or relating to—
(a)exemptions (conditional or unconditional) from specified provisions of this Act; and
(b)fees in respect of any matter under this Act and their payment, recovery or waiver; and
(c)fines, not exceeding $10 000, for offences against the regulations; and
(d)expiation fees, not exceeding $750, for offences against this Act or the regulations; and
(e)facilitation of proof of the commission of offences against the regulations.
The regulations may vary Schedule 1.
The regulations may—
(a)be of general application or vary in their application according to prescribed factors;
(b)provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Council or other specified person or body;
(c)refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time.
If a code, standard or other document is referred to or incorporated in the regulations—
(a)a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and
(b)evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.

Schedule 1—Principles of native vegetation clearance
1—Principles of clearance of native vegetation
Native vegetation should not be cleared if, in the opinion of the Council—
(a)it comprises a high level of diversity of plant species; or
(b)it has significance as a habitat for wildlife; or
(c)it includes plants of a rare, vulnerable or endangered species; or
(d)the vegetation comprises the whole, or a part, of a plant community that is rare, vulnerable or endangered; or
(e)it is significant as a remnant of vegetation in an area which has been extensively cleared; or
(f)it is growing in, or in association with, a wetland environment; or
(g)it contributes significantly to the amenity of the area in which it is growing or is situated; or
(h)the clearance of the vegetation is likely to contribute to soil erosion or salinity in an area in which appreciable erosion or salinisation has already occurred or, where such erosion or salinisation has not yet occurred, the clearance of the vegetation is likely to cause appreciable soil erosion or salinity; or
(i)the clearance of the vegetation is likely to cause deterioration in the quality of surface or underground water; or
(j)the clearance of the vegetation is likely to cause, or exacerbate, the incidence or intensity of flooding; or
(k)—
(i)after clearance the land will be used for a particular purpose; and

(ii)the regional landscape board for the landscape management region where the land is situated has, as part of its regional landscape plan under the Landscape South Australia Act 2019, assessed—
(A)the capability and preferred uses of the land; and
(B)the condition of the land; and

(iii)according to that assessment the use of the land for that purpose cannot be sustained; or

(l)the clearance of the vegetation would cause significant harm to the River Murray within the meaning of the River Murray Act 2003; or
(m)the clearance of vegetation would cause significant harm to the Adelaide Dolphin Sanctuary.

2—Interpretation
In this Schedule, unless the contrary intention appears—
endangered species means a species of plant for the time being appearing in Part 2 of Schedule 7 of the National Parks and Wildlife Act 1972;
plant community means plants of a species indigenous to South Australia growing in association with one another and forming a group that is distinct from other plant communities;
rare species means a species of plant for the time being appearing in Part 2 of Schedule 9 of the National Parks and Wildlife Act 1972;
vulnerable species means a species of plant for the time being appearing in Part 2 of Schedule 8 of the National Parks and Wildlife Act 1972;
wildlife has the same meaning as in the National Parks and Wildlife Act 1972.

Schedule 2—Transitional provisions
2(1) Where an application made on or before 12 February 1991 to the Native Vegetation Authority under the repealed Act for consent to clear native vegetation had not been determined by the Authority before the repeal of Part 5 of the repealed Act—
(a)the repealed Act will continue to apply to, and in relation to, that application to the exclusion of this Act; and
(b)where the application is refused or is granted subject to conditions, Part 5 of the repealed Act will apply for the benefit of the owner of the land but a claim for the payment of money under that Part must be made within two years of the Authority's decision on which the claim is based.

Where an application made on or after 13 February 1991 to the Native Vegetation Authority under the repealed Act for consent to clear native vegetation had not been determined by the Authority at the commencement of this Act, the repealed Act (excluding Part 5) will continue to apply to, and in relation to, that application to the exclusion of this Act.
A person who, immediately before the repeal of Part 5 of the repealed Act, had the right—
(a)to claim the payment of money under that Part; or
(b)to require the Minister to enter into a heritage agreement and then claim the payment of money under that Part,
is entitled to exercise those rights within two years of the repeal of that Part.
A condition attached to the Authority's consent granted under the repealed Act (whether before or after the commencement of this Act) may be enforced under this Act as if it were attached to consent granted under this Act.
The Native Vegetation Authority continues in existence as if the repealed Act had not been repealed for the purpose of administering the repealed Act (whether pursuant to section 16 of the Acts Interpretation Act 1915 or to this clause) and, if necessary, new appointments may be made to it.
The party to heritage agreements made before the commencement of this Act and referred to in those agreements as "the Minister" will, after the commencement of this Act, be taken to be the Minister who is, for the time being, responsible for the administration of this Act.

4(1) The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.

A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this subclause or from a later day.
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—
(a)decreasing the person's rights; or
(b)imposing liabilities on the person.

Legislative history

Notes

•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 Native Vegetation Act 1991 repealed the following:
Native Vegetation Management Act 1985
Legislation amended by principal Act
The Native Vegetation Act 1991 amended the following:
South Australian Heritage Act 1978
Principal Act and amendments
New entries appear in bold.

Year No Title Assent Commencement

1991 16 Native Vegetation Act 1991 18.4.1991 18.4.1991 (Gazette 18.4.1991 p1294)

1993 56 Heritage Act 1993 27.5.1993 15.1.1994 (Gazette 27.10.1993 p1890)

2000 88 Development (System Improvement Program) Amendment Act 2000 as amended by 44/2002 21.12.2000 Sch 1 (cl 4)—21.12.2002 (s 7(5) Acts Interpretation Act 1915)

2001 16 Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Act 2001 17.5.2001 Pt 5 (s 7)—14.6.2001 (Gazette 14.6.2001 p2221)

2002 44 Native Vegetation (Miscellaneous) Amendment Act 2002 12.12.2002 19.12.2002 (Gazette 19.12.2002 p4736) except ss 3(b), (d)—(f), 4—14, 16—19, 21—24, s 33F(1), (4)(a), (5), (6)(a) & (7) (as inserted by s 29), 32, 35, 36 and Sch—25.8.2003 (Gazette 21.8.2003 p3276)

2003 35 River Murray Act 2003 31.7.2003 Sch (cl 15)—24.11.2003 (Gazette 20.11.2003 p4203)

2004 23 Statutes Amendment (Courts) Act 2004 8.7.2004 Sch 1—1.9.2004 (Gazette 26.8.2004 p3402)

2004 34 Natural Resources Management Act 2004 5.8.2004 Sch 4 (cll 26(1) & 27(1), (2))—2.9.2004 (Gazette 2.9.2004 p3545); Sch 4 (cll 24, 25, 26(2)—(4), 27(3)—(5) & 28)—1.7.2005 (Gazette 30.6.2005 p2093)

2005 5 Adelaide Dolphin Sanctuary Act 2005 14.4.2005 Sch 2 (cll 49—53)—1.7.2005 (Gazette 2.6.2005 p1684)

2005 20 Statutes Amendment (Environment and Conservation Portfolio) Act 2005 9.6.2005 Pt 4 (ss 25 & 26) & Sch 4—23.6.2005 (Gazette 23.6.2005 p1901)

2006 17 Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 53 (s 171)—4.9.2006 (Gazette 17.8.2006 p2831)

2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 96 (ss 226—229)—1.2.2010 (Gazette 28.1.2010 p320)

2013 80 Native Vegetation (Miscellaneous) Amendment Act 2013 5.12.2013 20.12.2013 except ss 11 & 14—7.7.2014 (Gazette 19.12.2013 p4926) and except ss 10(2), (3), 12 & 15—17—3.12.2015 (Gazette 26.11.2015 p5108)

2015 8 Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 18.6.2015 Pt 25 (ss 145—149)—1.7.2015 (Gazette 25.6.2015 p3076)

2016 29 Real Property (Electronic Conveyancing) Amendment Act 2016 16.6.2016 Sch 2—4.7.2016 (Gazette 30.6.2016 p2761)

2017 5 Statutes Amendment (Planning, Development and Infrastructure) Act 2017 28.2.2017 Pt 20 (ss 57 to 59)—19.3.2021 (Gazette 4.3.2021 p823)

2019 33 Landscape South Australia Act 2019 21.11.2019 Sch 5 (cll 51 to 56)—1.7.2020 (Gazette 25.6.2020 p3502)

2019 45 Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Sch 1 (cl 68)—1.1.2021 (Gazette 10.12.2020 p5638)

2021 45 Unclaimed Money Act 2021 25.11.2021 Sch 1 (cl 12)—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 by 44/2002 Sch 25.8.2003

Pt 1

s 2 deleted by 44/2002 Sch 25.8.2003

s 3

s 3(1)

Adelaide Dolphin Sanctuary inserted by 5/2005 Sch 2 cl 49(1) 1.7.2005

biological diversity deleted by 20/2005 s 25 23.6.2005

biological diversity or biodiversity inserted by 20/2005 s 25 23.6.2005

breach inserted by 44/2002 s 3(a) 19.12.2002

amended by 80/2013 s 4(1) 20.12.2013

building inserted by 44/2002 s 3(a) 19.12.2002

conciliator deleted by 44/2002 s 3(b) 25.8.2003

ERD Court inserted by 44/2002 s 3(c) 19.12.2002

heritage agreement deleted by 56/1993 Sch 2 15.1.1994

landscape management region inserted by 33/2019 Sch 5 cl 51(1) 1.7.2020

Minister for the Adelaide Dolphin Sanctuary inserted by 5/2005 Sch 2 cl 49(2) 1.7.2005

land substituted by 44/2002 s 3(d) 25.8.2003

Murray-Darling Basin inserted by 35/2003 Sch cl 15(a) 24.11.2003

native vegetation amended by 44/2002 s 3(e) 25.8.2003

amended by 35/2003 Sch cl 15(b) 24.11.2003

amended by 80/2013 s 4(2), (3) 20.12.2013

NRM region inserted by 34/2004 Sch 4 cl 24(1) 1.7.2005

deleted by 33/2019 Sch 5 cl 51(2) 1.7.2020

owner amended by 44/2002 s 3(f), Sch 25.8.2003

River Murray Protection Area inserted by 35/2003 Sch cl 15(c) 24.11.2003

soil conservation district deleted by 34/2004 Sch 4 cl 24(2) 1.7.2005

s 3A inserted by 44/2002 s 4 25.8.2003

s 4

s 4(2) substituted by 44/2002 s 5 25.8.2003

amended by 80/2013 s 5(1) 20.12.2013

amended by 5/2017 s 57 19.3.2021

s 4(2a) inserted by 44/2002 s 5 25.8.2003

s 4(2ab) inserted by 80/2013 s 5(2) 20.12.2013

s 4(2b)—(2c) inserted by 44/2002 s 5 25.8.2003

s 4A inserted by 80/2013 s 6 20.12.2013

Pt 2

s 6 amended by 44/2002 s 6 25.8.2003

Pt 3

Pt 3 Div 1

s 8

s 8(1) amended by 44/2002 s 7, Sch 25.8.2003

amended by 34/2004 Sch 4 cl 25 1.7.2005

amended by 80/2013 s 7(1), (2) 20.12.2013

amended by 8/2015 s 145(1), (2) 1.7.2015

amended by 33/2019 Sch 5 cl 52 1.7.2020

s 8(3) amended by 44/2002 Sch 25.8.2003

amended by 80/2013 s 7(3) 20.12.2013

s 8(5) deleted by 44/2002 Sch 25.8.2003

s 8(6) amended by 8/2015 s 145(1) 1.7.2015

s 8(8) inserted by 80/2013 s 7(4) 20.12.2013

s 9

s 9(1) amended by 8/2015 s 146 1.7.2015

s 9(2) amended by 80/2013 s 8 20.12.2013

amended by 8/2015 s 146 1.7.2015

s 9(3) amended by 8/2015 s 146 1.7.2015

s 10 amended by 8/2015 s 147 1.7.2015

s 11

s 11(2) amended by 44/2002 Sch 25.8.2003

s 12

s 12(2) and (3) deleted by 84/2009 s 226 1.2.2010

s 13 amended by 44/2002 Sch 25.8.2003

substituted by 84/2009 s 227 1.2.2010

s 14

s 14(1) s 14 amended by 88/2000 Sch 1 cl 4(c), (d) 21.12.2002

s 14 amended and redesignated as s 14(1) by 44/2002 s 8(a), (b) 25.8.2003

amended by 5/2017 s 58 19.3.2021

s 14(2) inserted by 44/2002 s 8(b) 25.8.2003

substituted by 80/2013 s 9 20.12.2013

amended by 33/2019 Sch 5 cl 53 1.7.2020

s 14(3) inserted by 44/2002 s 8(b) 25.8.2003

s 15

s 15(5a) and (5b) inserted by 44/2002 s 9 25.8.2003

s 15(6) and (7) amended by 44/2002 Sch 25.8.2003

s 15(8) inserted by 35/2003 Sch cl 15(d) 24.11.2003

s 15(9) inserted by 5/2005 Sch 2 cl 50 1.7.2005

s 16

s 16(1) amended by 8/2015 s 148 1.7.2015

s 16(2) amended by 44/2002 Sch 25.8.2003

substituted by 84/2009 s 228 1.2.2010

s 16(3) substituted by 84/2009 s 228 1.2.2010

Pt 3 Div 2 deleted by 44/2002 s 10 25.8.2003

Pt 3 Div 3

s 21

s 21(3) amended by 44/2002 s 11(a) 25.8.2003

amended by 80/2013 s 10(1) 20.12.2013

s 21(3a) inserted by 44/2002 s 11(b) 25.8.2003

amended by 80/2013 s 10(2), (3) 3.12.2015

s 21(6) substituted by 44/2002 s 11(c) 25.8.2003

substituted by 80/2013 s 10(4) 20.12.2013

s 21(6a)—(6c) inserted by 80/2013 s 10(4) 20.12.2013

s 21(7) inserted by 44/2002 s 11(c) 25.8.2003

amended by 80/2013 s 10(5) 20.12.2013

relevant land amended by 80/2013 s 10(6), (7) 20.12.2013

Pt 4 heading substituted by 44/2002 s 12 25.8.2003

Pt 4 Div 1 heading inserted by 44/2002 s 12 25.8.2003

s 23 substituted by 56/1993 Sch 2 15.1.1994

s 23(1) substituted by 44/2002 s 13 25.8.2003

s 23A inserted by 56/1993 Sch 2 15.1.1994

s 23A(3) amended by 44/2002 Sch 25.8.2003

s 23B inserted by 56/1993 Sch 2 15.1.1994

s 23B(3) amended by 44/2002 s 14 25.8.2003

s 23C inserted by 56/1993 Sch 2 15.1.1994

deleted by 44/2002 s 15 19.12.2002

Pt 4 Div 2 inserted by 44/2002 s 16 25.8.2003

Pt 4 Div 3 heading inserted by 44/2002 s 17 25.8.2003

s 24

s 24(1a) inserted by 44/2002 s 18(a) 25.8.2003

s 24(4) amended by 44/2002 s 18(b) 25.8.2003

s 25

s 25(1) substituted by 34/2004 Sch 4 cl 26(1) 2.9.2004

amended by 80/2013 s 11(1), (2) 7.7.2014

s 25(2) amended by 44/2002 s 19(a) 25.8.2003

amended by 35/2003 Sch cl 15(e) 24.11.2003

amended by 34/2004 Sch 4 cl 26(2) 1.7.2005

(d) deleted by 34/2004 Sch 4 cl 26(3) 1.7.2005

amended by 80/2013 s 11(3), (4) 7.7.2014

amended by 33/2019 Sch 5 cl 54(1) 1.7.2020

s 25(3a) inserted by 35/2003 Sch cl 15(f) 24.11.2003

s 25(3b) inserted by 5/2005 Sch 2 cl 51(1) 1.7.2005

s 25(4) amended by 44/2002 s 19(b) 25.8.2003

s 25(5a) and (5b) inserted by 44/2002 s 19(c) 25.8.2003

s 25(5c) inserted by 44/2002 s 19(c) 25.8.2003

substituted by 35/2003 Sch cl 15(g) 24.11.2003

substituted by 34/2004 Sch 4 cl 26(4) 1.7.2005

substituted by 5/2005 Sch 2 cl 51(2) 1.7.2005

amended by 33/2019 Sch 5 cl 54(2) 1.7.2020

Pt 4A inserted by 80/2013 s 12 3.12.2015

Pt 5 heading substituted by 44/2002 Sch 25.8.2003

Pt 5 Div 1

s 26

s 26(1) amended by 44/2002 s 20(a) 19.12.2002

amended by 80/2013 s 13(1) 20.12.2013

s 26(2) amended by 44/2002 s 20(a) 19.12.2002

amended by 80/2013 s 13(2) 20.12.2013

s 26(2a) inserted by 44/2002 s 20(b) 19.12.2002

s 26(3)

the prescribed period inserted by 44/2002 s 20(c) 19.12.2002

amended by 80/2013 s 13(3) 20.12.2013

the prescribed rate amended by 44/2002 Sch 25.8.2003

s 27

s 27(1) s 27 amended and redesignated as s 27(1) by 44/2002 s 21(a)—(c) 25.8.2003

amended by 80/2013 s 14(1) 7.7.2014

s 27(2)—(4) inserted by 44/2002 s 21(c) 25.8.2003

s 27(4a)—(4d) inserted by 80/2013 s 14(2) 7.7.2014

s 27(5) inserted by 44/2002 s 21(c) 25.8.2003

amended by 80/2013 s 14(3), (4) 7.7.2014

s 27(6) inserted by 44/2002 s 21(c) 25.8.2003

s 27(7) inserted by 80/2013 s 14(5) 7.7.2014

s 28

s 28(2) amended by 44/2002 Sch 25.8.2003

s 28(3) amended by 44/2002 s 22(a), (b) 25.8.2003

amended by 80/2013 s 15(1) 3.12.2015

s 28(4) inserted by 44/2002 s 22(c) 25.8.2003

amended by 80/2013 s 15(2) 3.12.2015

s 28(5) inserted by 44/2002 s 22(c) 25.8.2003

amended by 80/2013 s 15(3) 3.12.2015

s 28(6) inserted by 44/2002 s 22(c) 25.8.2003

amended by 80/2013 s 15(4) 3.12.2015

s 28(7) inserted by 44/2002 s 22(c) 25.8.2003

amended by 80/2013 s 15(5) 3.12.2015

s 29

s 29(1) amended by 34/2004 Sch 4 cl 27(1) 2.9.2004

s 29(4a) inserted by 34/2004 Sch 4 cl 27(2) 2.9.2004

s 29(4b) inserted by 80/2013 s 16(1) 3.12.2015

s 29(5) substituted by 34/2004 Sch 4 cl 27(3) 1.7.2005

substituted by 33/2019 Sch 5 cl 55 1.7.2020

s 29(7) deleted by 34/2004 Sch 4 cl 27(4) 1.7.2005

s 29(8) substituted by 34/2004 Sch 4 cl 27(5) 1.7.2005

s 29(9a) inserted by 35/2003 Sch cl 15(h) 24.11.2003

s 29(9b) and (9c) inserted by 5/2005 Sch 2 cl 52 1.7.2005

s 29(10) substituted by 44/2002 s 23(a) 25.8.2003

s 29(11) substituted by 44/2002 s 23(a) 25.8.2003

amended by 20/2005 s 26(1) 23.6.2005

s 29(12) deleted by 44/2002 s 23(a) 25.8.2003

inserted by 20/2005 s 26(2) 23.6.2005

s 29(12a) and (12b) inserted by 80/2013 s 16(2) 3.12.2015

s 29(15) deleted by 44/2002 s 23(b) 25.8.2003

s 29(17) inserted by 88/2000 Sch 1 cl 4(e) 21.12.2002

amended by 5/2017 s 59 19.3.2021

s 29A inserted by 16/2001 s 7 14.6.2001

s 29A(2) amended by 80/2013 s 17 3.12.2015

s 30 substituted by 44/2002 s 24 25.8.2003

s 30A inserted by 44/2002 s 24 25.8.2003

Pt 5 Div 2

s 31 substituted by 44/2002 s 25 19.12.2002

deleted by 80/2013 s 18 20.12.2013

s 31A inserted by 44/2002 s 25 19.12.2002

s 31A(4) amended by 17/2006 s 171 4.9.2006

ss 31B—31D inserted by 44/2002 s 25 19.12.2002

s 31E inserted by 44/2002 s 25 19.12.2002

s 31E(3) substituted by 80/2013 s 19(1) 20.12.2013

s 31E(4) amended by 80/2013 s 19(2) 20.12.2013

s 31E(9) amended by 80/2013 s 19(3) 20.12.2013

s 31EA inserted by 80/2013 s 20 20.12.2013

s 31F inserted by 44/2002 s 25 19.12.2002

s 32

s 32(1) amended by 44/2002 s 26 19.12.2002

amended by 45/2019 Sch 1 cl 68 1.1.2021

s 32(2) amended by 45/2019 Sch 1 cl 68 1.1.2021

s 33 before substitution by 80/2013

s 33(1) amended by 44/2002 s 27 19.12.2002

s 33 substituted by 80/2013 s 21 20.12.2013

Pt 5 Div 3 inserted by 44/2002 s 28 19.12.2002

s 33A

s 33A(2) (b) deleted by 80/2013 s 22(1) 20.12.2013

s 33A(3) (b), (c), (d) deleted by 80/2013 s 22(2) 20.12.2013

s 33A(7) and (8) deleted by 84/2009 s 229 1.2.2010

s 33D

s 33D(2) amended by 80/2013 s 23 20.12.2013

Pt 5A inserted by 44/2002 s 29 19.12.2002

expired: s 33G—omitted under Legislation Revision and Publication Act 2002 (1.1.2007)

Pt 5B inserted by 44/2002 s 29 19.12.2002

s 33I

s 33I(10) amended by 45/2021 Sch 1 cl 12 25.11.2023

s 33I(14) amended by 20/2005 Sch 4 23.6.2005

deleted by 29/2016 Sch 2 4.7.2016

Pt 6

s 33J before substitution by 80/2013 inserted by 44/2002 s 30 19.12.2002

amended by 23/2004 Sch 1 1.9.2004

s 33J substituted by 80/2013 s 24 20.12.2013

s 33K inserted by 80/2013 s 24 20.12.2013

s 34

s 34(1) amended by 44/2002 s 31(a) 19.12.2002

s 34(2) amended by 44/2002 s 31(a), (b) 19.12.2002

s 34(3) amended by 44/2002 s 31(a) 19.12.2002

s 34(3a) inserted by 44/2002 s 31(c) 19.12.2002

s 34(4) inserted by 56/1993 Sch 2 15.1.1994

s 34(5)—(8) inserted by 80/2013 s 25 20.12.2013

s 35

s 35(1) substituted by 44/2002 Sch 25.8.2003

substituted by 80/2013 s 26(1) 20.12.2013

s 35(2) deleted by 44/2002 Sch 25.8.2003

s 35(3) deleted by 80/2013 s 26(2) 20.12.2013

s 35(5) inserted by 44/2002 s 32 25.8.2003

s 36 amended by 56/1993 Sch 2 15.1.1994

substituted by 44/2002 s 33 19.12.2002

s 37 deleted by 44/2002 s 34 19.12.2002

ss 40A and 40B inserted by 44/2002 s 35 25.8.2003

s 41 before substitution by 80/2013

s 41(2) amended by 44/2002 s 36 25.8.2003

s 41(3) amended by 35/2003 Sch cl 15(i) 24.11.2003

s 41 substituted by 80/2013 s 27 20.12.2013

Sch 1

cl 1 amended by 35/2003 Sch cl 15(j) 24.11.2003

amended by 34/2004 Sch 4 cl 28 1.7.2005

amended by 5/2005 Sch 2 cl 53 1.7.2005

amended by 33/2019 Sch 5 cl 56 1.7.2020

Sch 2

cl 1 deleted by 44/2002 Sch 25.8.2003

cl 4 inserted by 8/2015 s 149 1.7.2015

Sch 3 deleted by 44/2002 Sch 25.8.2003

Historical versions

Reprint No 1—15.1.1994
Reprint No 2—14.6.2001
Reprint No 3—21.12.2002
Reprint No 4—25.8.2003
Reprint No 5—24.11.2003
1.9.2004 (electronic only)
2.9.2004
23.6.2005 (electronic only)
1.7.2005
4.9.2006
1.2.2010
20.12.2013
7.7.2014
1.7.2015
3.12.2015
4.7.2016
1.7.2020
1.1.2021
19.3.2021

Year	No	Title	Assent	Commencement
1991	16	Native Vegetation Act 1991	18.4.1991	18.4.1991 (Gazette 18.4.1991 p1294)
1993	56	Heritage Act 1993	27.5.1993	15.1.1994 (Gazette 27.10.1993 p1890)
2000	88	Development (System Improvement Program) Amendment Act 2000 as amended by 44/2002	21.12.2000	Sch 1 (cl 4)—21.12.2002 (s 7(5) Acts Interpretation Act 1915)
2001	16	Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Act 2001	17.5.2001	Pt 5 (s 7)—14.6.2001 (Gazette 14.6.2001 p2221)
2002	44	Native Vegetation (Miscellaneous) Amendment Act 2002	12.12.2002	19.12.2002 (Gazette 19.12.2002 p4736) except ss 3(b), (d)—(f), 4—14, 16—19, 21—24, s 33F(1), (4)(a), (5), (6)(a) & (7) (as inserted by s 29), 32, 35, 36 and Sch—25.8.2003 (Gazette 21.8.2003 p3276)
2003	35	River Murray Act 2003	31.7.2003	Sch (cl 15)—24.11.2003 (Gazette 20.11.2003 p4203)
2004	23	Statutes Amendment (Courts) Act 2004	8.7.2004	Sch 1—1.9.2004 (Gazette 26.8.2004 p3402)
2004	34	Natural Resources Management Act 2004	5.8.2004	Sch 4 (cll 26(1) & 27(1), (2))—2.9.2004 (Gazette 2.9.2004 p3545); Sch 4 (cll 24, 25, 26(2)—(4), 27(3)—(5) & 28)—1.7.2005 (Gazette 30.6.2005 p2093)
2005	5	Adelaide Dolphin Sanctuary Act 2005	14.4.2005	Sch 2 (cll 49—53)—1.7.2005 (Gazette 2.6.2005 p1684)
2005	20	Statutes Amendment (Environment and Conservation Portfolio) Act 2005	9.6.2005	Pt 4 (ss 25 & 26) & Sch 4—23.6.2005 (Gazette 23.6.2005 p1901)
2006	17	Statutes Amendment (New Rules of Civil Procedure) Act 2006	6.7.2006	Pt 53 (s 171)—4.9.2006 (Gazette 17.8.2006 p2831)
2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 96 (ss 226—229)—1.2.2010 (Gazette 28.1.2010 p320)
2013	80	Native Vegetation (Miscellaneous) Amendment Act 2013	5.12.2013	20.12.2013 except ss 11 & 14—7.7.2014 (Gazette 19.12.2013 p4926) and except ss 10(2), (3), 12 & 15—17—3.12.2015 (Gazette 26.11.2015 p5108)
2015	8	Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015	18.6.2015	Pt 25 (ss 145—149)—1.7.2015 (Gazette 25.6.2015 p3076)
2016	29	Real Property (Electronic Conveyancing) Amendment Act 2016	16.6.2016	Sch 2—4.7.2016 (Gazette 30.6.2016 p2761)
2017	5	Statutes Amendment (Planning, Development and Infrastructure) Act 2017	28.2.2017	Pt 20 (ss 57 to 59)—19.3.2021 (Gazette 4.3.2021 p823)
2019	33	Landscape South Australia Act 2019	21.11.2019	Sch 5 (cll 51 to 56)—1.7.2020 (Gazette 25.6.2020 p3502)
2019	45	Supreme Court (Court of Appeal) Amendment Act 2019	19.12.2019	Sch 1 (cl 68)—1.1.2021 (Gazette 10.12.2020 p5638)
2021	45	*Unclaimed Money Act 2021*	25.11.2021	*Sch 1 (cl 12)—25.11.2023 (s 27(6) Legislation Interpretation Act 2021)*

Provision	How varied	Commencement
Long title	amended by 44/2002 Sch	25.8.2003
Pt 1
s 2	deleted by 44/2002 Sch	25.8.2003
s 3
s 3(1)
Adelaide Dolphin Sanctuary	inserted by 5/2005 Sch 2 cl 49(1)	1.7.2005
biological diversity	deleted by 20/2005 s 25	23.6.2005
biological diversity or biodiversity	inserted by 20/2005 s 25	23.6.2005
breach	inserted by 44/2002 s 3(a)	19.12.2002
amended by 80/2013 s 4(1)	20.12.2013
building	inserted by 44/2002 s 3(a)	19.12.2002
conciliator	deleted by 44/2002 s 3(b)	25.8.2003
ERD Court	inserted by 44/2002 s 3(c)	19.12.2002
heritage agreement	deleted by 56/1993 Sch 2	15.1.1994
landscape management region	inserted by 33/2019 Sch 5 cl 51(1)	1.7.2020
Minister for the Adelaide Dolphin Sanctuary	inserted by 5/2005 Sch 2 cl 49(2)	1.7.2005
land	substituted by 44/2002 s 3(d)	25.8.2003
Murray-Darling Basin	inserted by 35/2003 Sch cl 15(a)	24.11.2003
native vegetation	amended by 44/2002 s 3(e)	25.8.2003
amended by 35/2003 Sch cl 15(b)	24.11.2003
amended by 80/2013 s 4(2), (3)	20.12.2013
NRM region	inserted by 34/2004 Sch 4 cl 24(1)	1.7.2005
deleted by 33/2019 Sch 5 cl 51(2)	1.7.2020
owner	amended by 44/2002 s 3(f), Sch	25.8.2003
River Murray Protection Area	inserted by 35/2003 Sch cl 15(c)	24.11.2003
soil conservation district	deleted by 34/2004 Sch 4 cl 24(2)	1.7.2005
s 3A	inserted by 44/2002 s 4	25.8.2003
s 4
s 4(2)	substituted by 44/2002 s 5	25.8.2003
amended by 80/2013 s 5(1)	20.12.2013
amended by 5/2017 s 57	19.3.2021
s 4(2a)	inserted by 44/2002 s 5	25.8.2003
s 4(2ab)	inserted by 80/2013 s 5(2)	20.12.2013
s 4(2b)—(2c)	inserted by 44/2002 s 5	25.8.2003
s 4A	inserted by 80/2013 s 6	20.12.2013
Pt 2
s 6	amended by 44/2002 s 6	25.8.2003
Pt 3
Pt 3 Div 1
s 8
s 8(1)	amended by 44/2002 s 7, Sch	25.8.2003
amended by 34/2004 Sch 4 cl 25	1.7.2005
amended by 80/2013 s 7(1), (2)	20.12.2013
amended by 8/2015 s 145(1), (2)	1.7.2015
amended by 33/2019 Sch 5 cl 52	1.7.2020
s 8(3)	amended by 44/2002 Sch	25.8.2003
amended by 80/2013 s 7(3)	20.12.2013
s 8(5)	deleted by 44/2002 Sch	25.8.2003
s 8(6)	amended by 8/2015 s 145(1)	1.7.2015
s 8(8)	inserted by 80/2013 s 7(4)	20.12.2013
s 9
s 9(1)	amended by 8/2015 s 146	1.7.2015
s 9(2)	amended by 80/2013 s 8	20.12.2013
amended by 8/2015 s 146	1.7.2015
s 9(3)	amended by 8/2015 s 146	1.7.2015
s 10	amended by 8/2015 s 147	1.7.2015
s 11
s 11(2)	amended by 44/2002 Sch	25.8.2003
s 12
s 12(2) and (3)	deleted by 84/2009 s 226	1.2.2010
s 13	amended by 44/2002 Sch	25.8.2003
substituted by 84/2009 s 227	1.2.2010
s 14
s 14(1)	s 14 amended by 88/2000 Sch 1 cl 4(c), (d)	21.12.2002
s 14 amended and redesignated as s 14(1) by 44/2002 s 8(a), (b)	25.8.2003
amended by 5/2017 s 58	19.3.2021
s 14(2)	inserted by 44/2002 s 8(b)	25.8.2003
substituted by 80/2013 s 9	20.12.2013
amended by 33/2019 Sch 5 cl 53	1.7.2020
s 14(3)	inserted by 44/2002 s 8(b)	25.8.2003
s 15
s 15(5a) and (5b)	inserted by 44/2002 s 9	25.8.2003
s 15(6) and (7)	amended by 44/2002 Sch	25.8.2003
s 15(8)	inserted by 35/2003 Sch cl 15(d)	24.11.2003
s 15(9)	inserted by 5/2005 Sch 2 cl 50	1.7.2005
s 16
s 16(1)	amended by 8/2015 s 148	1.7.2015
s 16(2)	amended by 44/2002 Sch	25.8.2003
substituted by 84/2009 s 228	1.2.2010
s 16(3)	substituted by 84/2009 s 228	1.2.2010
Pt 3 Div 2	deleted by 44/2002 s 10	25.8.2003
Pt 3 Div 3
s 21
s 21(3)	amended by 44/2002 s 11(a)	25.8.2003
amended by 80/2013 s 10(1)	20.12.2013
s 21(3a)	inserted by 44/2002 s 11(b)	25.8.2003
amended by 80/2013 s 10(2), (3)	3.12.2015
s 21(6)	substituted by 44/2002 s 11(c)	25.8.2003
substituted by 80/2013 s 10(4)	20.12.2013
s 21(6a)—(6c)	inserted by 80/2013 s 10(4)	20.12.2013
s 21(7)	inserted by 44/2002 s 11(c)	25.8.2003
amended by 80/2013 s 10(5)	20.12.2013
relevant land	amended by 80/2013 s 10(6), (7)	20.12.2013
Pt 4	heading substituted by 44/2002 s 12	25.8.2003
Pt 4 Div 1	heading inserted by 44/2002 s 12	25.8.2003
s 23	substituted by 56/1993 Sch 2	15.1.1994
s 23(1)	substituted by 44/2002 s 13	25.8.2003
s 23A	inserted by 56/1993 Sch 2	15.1.1994
s 23A(3)	amended by 44/2002 Sch	25.8.2003
s 23B	inserted by 56/1993 Sch 2	15.1.1994
s 23B(3)	amended by 44/2002 s 14	25.8.2003
s 23C	inserted by 56/1993 Sch 2	15.1.1994
deleted by 44/2002 s 15	19.12.2002
Pt 4 Div 2	inserted by 44/2002 s 16	25.8.2003
Pt 4 Div 3	heading inserted by 44/2002 s 17	25.8.2003
s 24
s 24(1a)	inserted by 44/2002 s 18(a)	25.8.2003
s 24(4)	amended by 44/2002 s 18(b)	25.8.2003
s 25
s 25(1)	substituted by 34/2004 Sch 4 cl 26(1)	2.9.2004
amended by 80/2013 s 11(1), (2)	7.7.2014
s 25(2)	amended by 44/2002 s 19(a)	25.8.2003
amended by 35/2003 Sch cl 15(e)	24.11.2003
amended by 34/2004 Sch 4 cl 26(2)	1.7.2005
(d) deleted by 34/2004 Sch 4 cl 26(3)	1.7.2005
amended by 80/2013 s 11(3), (4)	7.7.2014
amended by 33/2019 Sch 5 cl 54(1)	1.7.2020
s 25(3a)	inserted by 35/2003 Sch cl 15(f)	24.11.2003
s 25(3b)	inserted by 5/2005 Sch 2 cl 51(1)	1.7.2005
s 25(4)	amended by 44/2002 s 19(b)	25.8.2003
s 25(5a) and (5b)	inserted by 44/2002 s 19(c)	25.8.2003
s 25(5c)	inserted by 44/2002 s 19(c)	25.8.2003
substituted by 35/2003 Sch cl 15(g)	24.11.2003
substituted by 34/2004 Sch 4 cl 26(4)	1.7.2005
substituted by 5/2005 Sch 2 cl 51(2)	1.7.2005
amended by 33/2019 Sch 5 cl 54(2)	1.7.2020
Pt 4A	inserted by 80/2013 s 12	3.12.2015
Pt 5	heading substituted by 44/2002 Sch	25.8.2003
Pt 5 Div 1
s 26
s 26(1)	amended by 44/2002 s 20(a)	19.12.2002
amended by 80/2013 s 13(1)	20.12.2013
s 26(2)	amended by 44/2002 s 20(a)	19.12.2002
amended by 80/2013 s 13(2)	20.12.2013
s 26(2a)	inserted by 44/2002 s 20(b)	19.12.2002
s 26(3)
the prescribed period	inserted by 44/2002 s 20(c)	19.12.2002
amended by 80/2013 s 13(3)	20.12.2013
the prescribed rate	amended by 44/2002 Sch	25.8.2003
s 27
s 27(1)	s 27 amended and redesignated as s 27(1) by 44/2002 s 21(a)—(c)	25.8.2003
amended by 80/2013 s 14(1)	7.7.2014
s 27(2)—(4)	inserted by 44/2002 s 21(c)	25.8.2003
s 27(4a)—(4d)	inserted by 80/2013 s 14(2)	7.7.2014
s 27(5)	inserted by 44/2002 s 21(c)	25.8.2003
amended by 80/2013 s 14(3), (4)	7.7.2014
s 27(6)	inserted by 44/2002 s 21(c)	25.8.2003
s 27(7)	inserted by 80/2013 s 14(5)	7.7.2014
s 28
s 28(2)	amended by 44/2002 Sch	25.8.2003
s 28(3)	amended by 44/2002 s 22(a), (b)	25.8.2003
amended by 80/2013 s 15(1)	3.12.2015
s 28(4)	inserted by 44/2002 s 22(c)	25.8.2003
amended by 80/2013 s 15(2)	3.12.2015
s 28(5)	inserted by 44/2002 s 22(c)	25.8.2003
amended by 80/2013 s 15(3)	3.12.2015
s 28(6)	inserted by 44/2002 s 22(c)	25.8.2003
amended by 80/2013 s 15(4)	3.12.2015
s 28(7)	inserted by 44/2002 s 22(c)	25.8.2003
amended by 80/2013 s 15(5)	3.12.2015
s 29
s 29(1)	amended by 34/2004 Sch 4 cl 27(1)	2.9.2004
s 29(4a)	inserted by 34/2004 Sch 4 cl 27(2)	2.9.2004
s 29(4b)	inserted by 80/2013 s 16(1)	3.12.2015
s 29(5)	substituted by 34/2004 Sch 4 cl 27(3)	1.7.2005
substituted by 33/2019 Sch 5 cl 55	1.7.2020
s 29(7)	deleted by 34/2004 Sch 4 cl 27(4)	1.7.2005
s 29(8)	substituted by 34/2004 Sch 4 cl 27(5)	1.7.2005
s 29(9a)	inserted by 35/2003 Sch cl 15(h)	24.11.2003
s 29(9b) and (9c)	inserted by 5/2005 Sch 2 cl 52	1.7.2005
s 29(10)	substituted by 44/2002 s 23(a)	25.8.2003
s 29(11)	substituted by 44/2002 s 23(a)	25.8.2003
amended by 20/2005 s 26(1)	23.6.2005
s 29(12)	deleted by 44/2002 s 23(a)	25.8.2003
inserted by 20/2005 s 26(2)	23.6.2005
s 29(12a) and (12b)	inserted by 80/2013 s 16(2)	3.12.2015
s 29(15)	deleted by 44/2002 s 23(b)	25.8.2003
s 29(17)	inserted by 88/2000 Sch 1 cl 4(e)	21.12.2002
amended by 5/2017 s 59	19.3.2021
s 29A	inserted by 16/2001 s 7	14.6.2001
s 29A(2)	amended by 80/2013 s 17	3.12.2015
s 30	substituted by 44/2002 s 24	25.8.2003
s 30A	inserted by 44/2002 s 24	25.8.2003
Pt 5 Div 2
s 31	substituted by 44/2002 s 25	19.12.2002
deleted by 80/2013 s 18	20.12.2013
s 31A	inserted by 44/2002 s 25	19.12.2002
s 31A(4)	amended by 17/2006 s 171	4.9.2006
ss 31B—31D	inserted by 44/2002 s 25	19.12.2002
s 31E	inserted by 44/2002 s 25	19.12.2002
s 31E(3)	substituted by 80/2013 s 19(1)	20.12.2013
s 31E(4)	amended by 80/2013 s 19(2)	20.12.2013
s 31E(9)	amended by 80/2013 s 19(3)	20.12.2013
s 31EA	inserted by 80/2013 s 20	20.12.2013
s 31F	inserted by 44/2002 s 25	19.12.2002
s 32
s 32(1)	amended by 44/2002 s 26	19.12.2002
amended by 45/2019 Sch 1 cl 68	1.1.2021
s 32(2)	amended by 45/2019 Sch 1 cl 68	1.1.2021
s 33 before substitution by 80/2013
s 33(1)	amended by 44/2002 s 27	19.12.2002
s 33	substituted by 80/2013 s 21	20.12.2013
Pt 5 Div 3	inserted by 44/2002 s 28	19.12.2002
s 33A
s 33A(2)	(b) deleted by 80/2013 s 22(1)	20.12.2013
s 33A(3)	(b), (c), (d) deleted by 80/2013 s 22(2)	20.12.2013
s 33A(7) and (8)	deleted by 84/2009 s 229	1.2.2010
s 33D
s 33D(2)	amended by 80/2013 s 23	20.12.2013
Pt 5A	inserted by 44/2002 s 29	19.12.2002
expired: s 33G—omitted under Legislation Revision and Publication Act 2002	(1.1.2007)
Pt 5B	inserted by 44/2002 s 29	19.12.2002
s 33I
s 33I(10)	amended by 45/2021 Sch 1 cl 12	25.11.2023
s 33I(14)	amended by 20/2005 Sch 4	23.6.2005
deleted by 29/2016 Sch 2	4.7.2016
Pt 6
s 33J before substitution by 80/2013	inserted by 44/2002 s 30	19.12.2002
amended by 23/2004 Sch 1	1.9.2004
s 33J	substituted by 80/2013 s 24	20.12.2013
s 33K	inserted by 80/2013 s 24	20.12.2013
s 34
s 34(1)	amended by 44/2002 s 31(a)	19.12.2002
s 34(2)	amended by 44/2002 s 31(a), (b)	19.12.2002
s 34(3)	amended by 44/2002 s 31(a)	19.12.2002
s 34(3a)	inserted by 44/2002 s 31(c)	19.12.2002
s 34(4)	inserted by 56/1993 Sch 2	15.1.1994
s 34(5)—(8)	inserted by 80/2013 s 25	20.12.2013
s 35
s 35(1)	substituted by 44/2002 Sch	25.8.2003
substituted by 80/2013 s 26(1)	20.12.2013
s 35(2)	deleted by 44/2002 Sch	25.8.2003
s 35(3)	deleted by 80/2013 s 26(2)	20.12.2013
s 35(5)	inserted by 44/2002 s 32	25.8.2003
s 36	amended by 56/1993 Sch 2	15.1.1994
substituted by 44/2002 s 33	19.12.2002
s 37	deleted by 44/2002 s 34	19.12.2002
ss 40A and 40B	inserted by 44/2002 s 35	25.8.2003
s 41 before substitution by 80/2013
s 41(2)	amended by 44/2002 s 36	25.8.2003
s 41(3)	amended by 35/2003 Sch cl 15(i)	24.11.2003
s 41	substituted by 80/2013 s 27	20.12.2013
Sch 1
cl 1	amended by 35/2003 Sch cl 15(j)	24.11.2003
amended by 34/2004 Sch 4 cl 28	1.7.2005
amended by 5/2005 Sch 2 cl 53	1.7.2005
amended by 33/2019 Sch 5 cl 56	1.7.2020
Sch 2
cl 1	deleted by 44/2002 Sch	25.8.2003
cl 4	inserted by 8/2015 s 149	1.7.2015
Sch 3	deleted by 44/2002 Sch	25.8.2003