South Australian Current Acts

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NATIVE VEGETATION ACT 1991


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   3A.     Substantially intact vegetation
   4.      Application of Act
   4A.     Interaction with Fire and Emergency Services Act 2005
   5.      Act to bind Crown

   PART 2--Objects of this Act

   6.      Objects

   PART 3--Administration

           Division 1--The Native Vegetation Council

   7.      Establishment of the Council
   8.      Membership of Council
   9.      Conditions of office
   10.     Allowances and expenses
   11.     Procedures at meetings of the Council
   12.     Validity of acts of Council
   13.     Application of Public Sector (Honesty and Accountability) Act
   14.     Functions of the Council
   15.     Delegation of powers and functions
   16.     Staff
   17.     Annual report

           Division 3--The Native Vegetation Fund

   21.     The Fund
   22.     Accounts and audit

   PART 4--Heritage agreements, proposals for revegetation and financial and other assistance

           Division 1--Heritage agreements

   23.     Heritage agreements
   23A.    Effect of heritage agreement
   23B.    Registration of heritage agreements

           Division 2--Approval by the Council of proposal for revegetation

   23D.    Application of Division
   23E.    Declaration in relation to existing vegetation
   23F.    Proposal for revegetation of land
   23G.    Information required on application or submission
   23H.    Decision by the Council
   23I.    Noting of Council's approval against the title to the land

           Division 3--Financial and other assistance

   24.     Assistance to landowners
   25.     Guidelines for the application of assistance and the management of native vegetation

   PART 4A--Credit, assignment and third party establishment of environmental benefits

   25A.    Credit for environmental benefits
   25B.    Assignment of credit
   25C.    Achievement of environmental benefit by accredited third party provider
   25D.    Management agreements
   25E.    Register

   PART 5--Clearance and enforcement

           Division 1--Control of clearance

   26.     Offence of clearing native vegetation contrary to this Part
   27.     Clearance of native vegetation
   28.     Application for consent
   29.     Provisions relating to consent
   29A.    Avoidance of duplication of procedures etc
   30.     Conditions of consent
   30A.    Marking or tagging of cleared vegetation

           Division 2--Civil enforcement proceedings

   31A.    Application to ERD Court for enforcement
   31B.    Order where native vegetation has been cleared
   31C.    Interim order
   31D.    Enforcement of orders
   31E.    Enforcement notices
   31EA.   Substituted direction where compliance with enforcement notice not reasonably practicable
   31F.    Miscellaneous provisions
   32.     Appeals
   33.     Commencement of proceedings

           Division 3--Authorised officers

   33A.    Appointment of authorised officers
   33B.    Powers of authorised officers
   33C.    Issue of warrants
   33D.    Provisions relating to seizure
   33E.    Offence to hinder etc authorised officers
   33EA.   Offences by authorised officers etc

   PART 5B--Interest and recovery of money

   33H.    Interest
   33I.    Sale of land for non-payment

   PART 6--Miscellaneous

   33J.    Constitution and criminal jurisdiction of ERD Court
   33K.    Applications during criminal proceedings
   34.     Evidentiary
   35.     Proceedings for an offence
   36.     Assessment of costs and expenses
   38.     Vicarious liability
   39.     Offences by bodies corporate
   40.     General defence
   40A.    Register of applications
   40B.    Ministerial power of delegation
   41.     Regulations
           SCHEDULE 1--Principles of native vegetation clearance
           SCHEDULE 2--Transitional provisions
           Legislative history


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