NATIVE VEGETATION ACT 1991 - SECT 21
NATIVE VEGETATION ACT 1991 - SECT 21
(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
(cc)
amounts paid into the Fund in accordance with an order under
section 31EA; and
(cd)
amounts paid into the Fund in accordance with any provision made by the
regulations; 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)(ii)(C) (excluding the fee
prescribed for the report referred to in section 28(3)(b)(ii)(A)) 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), (cb), (cc) or (cd) must, as
far as practicable, be used—
(a) to
preserve and maintain native vegetation on land that is within the same region
of the State as the relevant land (including preserving and maintaining
native vegetation referred to in paragraph (b)); or
(b) 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.
(6a) However, the
Council may use the money referred to in subsection (6) to establish,
regenerate or maintain native vegetation in a region of the State other than
the region where the relevant land is located if—
(a)
the Council is satisfied that the environmental benefit to be achieved in the
other region will outweigh the value of achieving a significant environmental
benefit within the region where the relevant land is located; and
(b) the
native vegetation includes or supports—
(i)
plants of a rare, vulnerable or endangered species; or
(ii)
plants that provide habitat for rare, vulnerable or
endangered species of native animals; or
(iii)
the whole, or a part, of a plant community that is rare,
vulnerable or endangered; or
(iv)
a significant remnant of vegetation in an area which has
been extensively cleared; and
(c) the
establishment, regeneration or maintenance of the native vegetation is carried
out in accordance with guidelines adopted under section 25 that apply to
such establishment, regeneration or maintenance.
(6b) For the purposes
of making an assessment under this section as to whether 2 or more places are
within the same region of the State, the Council may take into account such
matters as it thinks fit.
(6c) To avoid doubt,
nothing in this section prevents the Council from making a payment from
the Fund to the person or body who paid the money into the Fund so that the
person or body can establish, regenerate or maintain native vegetation in
accordance with this Act.
(7) In this
section—
"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), (cb) or (cc) 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;
(c) in a
case where subsection (3)(cd) applies—land on which the
native vegetation that is relevant to the operation of the particular
regulation was grown or was situated.