Native Vegetation Regulations 2003 (SA)

South Australia

Native Vegetation Regulations 2003

under the Native Vegetation Act 1991

These regulations may be cited as the Native Vegetation Regulations 2003.

In these regulations, unless the contrary intention appears—

Act means the Native Vegetation Act 1991;

building means a building or structure that is permanently fixed to land so that it cannot be moved without dismantling or destroying it and—

1. (a)

   includes a transportable building if the building is connected to a sewage system or a septic tank and then is not moved after it is first connected to that sewage system or septic tank; but

2. (b)

   does not include a building or structure erected or placed on land in contravention of the Development Act 1993 or a corresponding previous enactment;

business day means any day except Saturday, Sunday or a public holiday;

country has the same meaning as in the Fire and Emergency Services Act 2005;

Development Plan means a Development Plan under the Development Act 1993;

dwelling means a building or part of a building used as a self-contained residence;

fence means a fence consisting of posts and wire fixed permanently to land and designed for the purpose of controlling access by people or the movement of animals;

fire-control purposes—these are purposes associated with preventing or controlling the spread of fires or potential fires;

infrastructure means—

1. (a)

   the infrastructure, equipment, structures, works and other facilities used in or in connection with the supply of water or electricity, gas or other forms of energy, the provision of telecommunications, or the drainage, removal or treatment of waste water or sewage; or

2. (b)

   roads and their supporting structures or works; or

3. (c)

   ports, wharfs, jetties, railways, trams and busways;

Mining Act means the Mining Act 1971, the Opal Mining Act 1995, the Petroleum Act 2000, the Offshore Minerals Act 2000 or the Roxby Downs (Indenture Ratification) Act 1982;

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

River Murray Floodplain Area means the River Murray Protection Area so designated under regulation 4 of the River Murray Regulations 2003;

SACFS means the South Australian Country Fire Service;

township of Robe means the area shown as the township of Robe in the Development Plan that applies to that area of the State.

For the purposes of paragraph (a) of the definition of native vegetation in section 3(1) of the Act, the class of plants, or parts of plants, comprising trees of a species indigenous to South Australia—

1. (a)

   that have a trunk circumference (measured at a point 300 millimetres above the base of the tree) of—

   1. (i)

      in the case of a tree located on Kangaroo Island—1 metre or more; or

   2. (ii)

      in any other case—2 metres or more; and

2. (b)

   that provide or have the potential to provide, or are a part of a group of trees or…