South Australian Consolidated Acts

NATIVE VEGETATION ACT 1991 - SECT 23

23—Heritage agreements

        (1)         The Minister may enter into a heritage agreement with the owner of land—

            (a)         where native vegetation is growing or situated and the Minister considers that provision should be made for the preservation or enhancement of the native vegetation; or

            (b)         where the land has been re-vegetated with plants of one or more species indigenous to the local area so as to be representative of a naturally occurring plant community and the Minister considers, after having regard to the Regional Biodiversity Plan or Plans (if any) approved by the Minister, and associated pre-European vegetation mapping (if any) undertaken by the Minister, that apply in the vicinity of the relevant land, that provision should be made for the preservation or enhancement of that vegetation.

        (2)         A heritage agreement attaches to the land and is binding on the current owner of the land whether or not that owner was the person with whom the agreement was made.

        (3)         The Minister may, by agreement with the owner of the land to which a heritage agreement applies, vary or terminate the agreement.

        (4)         A heritage agreement is, to the extent specified in the agreement, binding on the occupier of the land.

        (5)         The Minister must not enter into, vary or terminate a heritage agreement under this section without first consulting and obtaining the approval of the Council.