Native Vegetation Variation Regulations 2008 (SA)

South Australia

Native Vegetation Variation Regulations 2008

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

1. Variation of regulation 3—Interpretation

2. Variation of regulation 5—Exemptions

Part 1—Preliminary

1—Short title

These regulations may be cited as the Native Vegetation Variation Regulations 2008.

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 3—Interpretation

Regulation 3—after the definition of infrastructure insert:

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;

5—Variation of regulation 5—Exemptions

1. Regulation 5(1)(d)(v)—delete "there will be a significant environmental benefit on the property where the clearance is being undertaken or within the same region of the State, or the owner of the land (or a person acting on his or her behalf) has, on application to the Council to proceed with clearing the vegetation in accordance with this provision, made 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) of the Act;" and substitute:

   —

   (A)there will be a significant environmental benefit on the property where the clearance is being undertaken or within the same region of the State; or

   (B)either—

   •the owner of the land (or a person acting on his or her behalf); or

   •a person connected with the construction or expansion of the building or infrastructure, or the provision of the infrastructure or services (as the case requires),

   has, on application to the Council to proceed with clearing the vegetation in accordance with this provision, made 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) of the Act;

2. Regulation 5(1)(zd)(i)—delete subparagraph (i) and substitute:

   (i)the clearance is incidental to operations authorised under a Mining Act; and

3. Regulation 5(1)(zd)(ii)(A)—delete "the Mining Act 1971" and substitute:

   a Mining Act (other than the Petroleum Act 2000)

4. Regulation 5(1)(zda)(i)—delete subparagraph (i) and substitute:

   (i)the clearance is incidental to operations authorised before 25 August 2003 under a Mining Act; and

5. Regulation 5—after subregulation (7) insert:

   (7a)To avoid doubt, subregulation (1)(zc), (zd) and (zda) does not apply in relation to mining operations at a private mine.

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 30 October 2008

No 279 of 2008

WBCS08/0016