South Australian Consolidated Acts South Australian Consolidated Acts (1) The
Native Vegetation Fund is established.
(2) The Fund is
subject to the management and control of the Council.
(3) The Fund consists
of—
(a)
money appropriated by Parliament for the purposes of the Fund; and
(b) fees
payable in respect of applications to the Council to clear native vegetation;
and
(c)
amounts paid into the Fund in accordance with a condition under
section 29(11)(d); and
(ca)
expiation fees and penalties recovered in respect of offences against this
Act; and
(cb)
amounts paid into the Fund in accordance with an order under
section 31A(6)(f) or (g); and
(d)
interest and accretions arising from investment of the Fund.
(3a) If an application
to clear native vegetation is made to a local council or other body corporate
or other person acting under delegation from the Council, the prescribed fee
paid by the applicant under section 28(3)(b)(iii) (excluding the fee
prescribed for the report referred to in section 28(3)(b)(iia)) may be
retained by the local council or other body or person.
(4) The Fund may, with
the approval of the Minister, be invested in a manner determined by
the Council.
(5) The Council may
make payments from the Fund in accordance with this Act.
(6) Money paid into
the Fund under subsection (3)(c), (ca) or (cb) must, as far as
practicable, be used—
(a) to
establish or regenerate native vegetation on land that is within the same
region of the State as the relevant land and that has been selected by
the Council for that purpose after having regard to the Regional Biodiversity
Plan or Plans (if any) approved by the Minister that apply within that region;
and
(b) to
preserve and maintain that vegetation once established or reinstated.
(7) In
subsection (6)—
"relevant land" means—
(a) in a
case where subsection (3)(c) applies—land that is to be cleared
under the consent to which the relevant condition relates;
(b) in a
case where subsection (3)(ca) or (cb) applies—land on which the
native vegetation involved in the offence or breach of the Act by virtue of
which the relevant amount became payable was grown or was situated.