Native Vegetation (SA Motorsport Park) Variation Regulations 2016 (SA)

South Australia

Native Vegetation (SA Motorsport Park) Variation Regulations 2016

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 2003

4            Variation of regulation 5—Exemptions—general

5            Insertion of Schedule 3

Schedule 3—SA Motorsport Park Map

Part 1—Preliminary

1—Short title

These regulations may be cited as the Native Vegetation (SA Motorsport Park) Variation Regulations 2016.

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 2003

4—Variation of regulation 5—Exemptions—general

1. Regulation 5(1)—after paragraph (zn) insert:

   (zo)if—

   (i)the land on which the vegetation is situated is in the SA Motorsport Park; and

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

   (ii)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

   (iv)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—

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

   (B)the owner of the land (or a person acting on his or her behalf) has, on application to the State Coordinator‑General to proceed with clearing the vegetation in accordance with this provision, made a payment into the Fund or, 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) of the Act, which outweighs the value of retaining the vegetation.

2. Regulation 5(12)—after the definition of prescribed structure insert:

   SA Motorsport Park means the land within the shaded area in the map set out in Schedule 3 and described as the "SA Motorsport Park Development Site".

5—Insertion of Schedule 3

After Schedule 2 insert:

Schedule 3—SA Motorsport Park Map

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 28 April 2016

No 26 of 2016

16MTOUR0009