Native Vegetation Regulations 1991 (SA)

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(Reprint No. 8)

South Australia

NATIVE VEGETATION REGULATIONS 1991

These regulations are reprinted pursuant to the Subordinate Legislation Act 1978 and incorporate all amendments in force as at 1 July 2002.

REGULATIONS UNDER THE NATIVE VEGETATION

ACT 1991

NATIVE VEGETATION REGULATIONS 1991

being

No. 40 of 1991: Gaz. 18 April 1991, p. 1311

as varied by

No. 248 of 1993: Gaz. 27 October 1993, p. 21001 No. 204 of 1994: Gaz. 1 December 1994, p. 19122 No. 12 of 1997: Gaz. 6 February 1997, p. 8543

No. 174 of 1998: Gaz. 21 August 1998, p. 6164

No. 159 of 1999: Gaz. 29 July 1999, p. 6265

No. 263 of 1999: Gaz. 16 December 1999, p. 34896

No. 141 of 2002: Gaz. 27 June 2002, p. 27607

1 Came into operation 15 January 1994: reg. 2.

2 Came into operation 1 December 1994: reg. 2.

3 Came into operation 6 February 1997: reg. 2.

4 Came into operation 21 August 1998: reg. 2.

5 Came into operation 29 July 1999: reg. 2.

6 Came into operation 16 December 1999: reg. 2.

7 Came into operation 1 July 2002: reg. 2.

N.B.

The following regulations have been disallowed:

No. 201 of 1997: Gaz. 4 September 1997, p. 647 disallowed on 11 December 1997 see

Gaz. 18 December 1997, p. 1646.

NOTE:

Asterisks indicate repeal or deletion of text.

Entries appearing in bold type indicate the amendments incorporated since the last reprint.

For the legislative history of the regulations see Appendix.

SUMMARY OF PROVISIONS

PART 1

PRELIMINARY

1.                  Citation

2.                  Interpretation

PART 2

CONTROL OF CLEARANCE OF NATIVE VEGETATION

DIVISION 1—EXEMPTIONS

3.                  Exemptions

4.                  Restrictions on clearance of vegetation

DIVISION 2—APPLICATION FOR CONSENT TO CLEARANCE OF

NATIVE VEGETATION

5.                  Application for consent

PART 3

MISCELLANEOUS

6.                  Service of notices

7.                  Register of applications

APPENDIX

LEGISLATIVE HISTORY

PART 1

PRELIMINARY

Citation

1. These regulations may be cited as the Native Vegetation Regulations 1991.

Interpretation

2. In these regulations, unless the contrary intention appears—

"the Act" means the Native Vegetation Act 1991;

"private mine" means land declared under the Mining Act 1971 to be a private mine;

"the township of Robe" means the area shown as the township of Robe in the Development

Plan.

PART 2

CONTROL OF CLEARANCE OF NATIVE VEGETATION

DIVISION 1—EXEMPTIONS

Exemptions

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

(a)

if the clearance is authorised or required by an Act or regulation;

(b)

where the clearance is incidental to the lawful erection of a building or other structure;

(c)

if—

(i)

the clearance is incidental to a proposed development to which section 48 of the Development Act 1993 applies; and

(ii)

an environmental impact statement, public environmental report or development report, and an Assessment Report, relating to the development…

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