Native Vegetation (Flinders Chase National Park) Variation Regulations 2021 (SA)

South Australia

Native Vegetation (Flinders Chase National Park) Variation Regulations 2021

under the Native Vegetation Act 1991

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Native Vegetation Regulations 2017

4            Substitution of heading to Part 4

5            Insertion of regulation 23A

23A         Clearance in Flinders Chase National Park

Part 1—Preliminary

1—Short title

These regulations may be cited as the Native Vegetation (Flinders Chase National Park) Variation Regulations 2021.

2—Commencement

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

3—Variation provisions

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

Part 2—Variation of Native Vegetation Regulations 2017

4—Substitution of heading to Part 4

Heading to Part 4—delete the heading and substitute:

Part 4—Clearance on certain land

5—Insertion of regulation 23A

After regulation 23 insert:

23A—Clearance in Flinders Chase National Park

(1)Pursuant to section 27(1)(b) of the Act, native vegetation may, subject to any other Act or law to the contrary, be cleared if—

(a)the land on which the vegetation is situated is in Flinders Chase National Park; and

(b)the clearance is incidental to development that has been authorised under the Development Act 1993; and

(c)the clearance is undertaken in accordance with a management plan that has been approved by the State Coordinator-General appointed under the Development Regulations 2008; and

(d)the State Coordinator-General is satisfied, after taking into account the full nature and extent of clearance that is to be undertaken on the relevant land and any commitments that have been made with respect to the establishment, restoration or maintenance of native vegetation, that—

(i)there will be a significant environmental benefit on the land or within the same region of the State; or

(ii)the holder of a development authorisation (or a person acting on their behalf) has, on application to the State Coordinator-General to proceed with clearing the vegetation in accordance with this provision—

(A)made a payment into the Fund; or

(B)if the State Coordinator-General is satisfied that it is appropriate in the circumstances, agreed to make a payment into the Fund,

of an amount considered by the State Coordinator-General to be sufficient to achieve a significant environmental benefit, in the manner contemplated by section 21(6) or (6a) of the Act, which outweighs the value of retaining the vegetation.

(2)In this regulation—

Flinders Chase National Park means Flinders Chase National Park as constituted (from time to time) under Part 3 of the National Parks and Wildlife Act 1972.

Note—

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

Made by the Governor

with the advice and consent of the Executive Council

on 21 January 2021

No 2 of 2021