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NATIVE VEGETATION ACT 1991 - SECT 25

NATIVE VEGETATION ACT 1991 - SECT 25

25—Guidelines for the application of assistance and the management of native vegetation

        (1)         The Council must prepare draft guidelines in relation to—

            (a)         the application of financial and other assistance provided by the Council; and

            (b)         the management of native vegetation; and

            (ba)         the establishment, regeneration or maintenance of native vegetation under section 21(6a); and

            (c)         the operation of section 29(4a); and

            (d)         clearing vegetation by the process commonly known as a cold burn; and

            (e)         any other matter required by the regulations.

        (2)         After preparation of the draft guidelines the Council must—

            (a)         by public advertisement, invite members of the public to make representations to the Council (within a period of not less than two months following publication of the advertisement) as to matters that should be addressed by the guidelines; and

            (ab)         submit the guidelines to the Minister for comment; and

            (b)         submit the guidelines for comment by the regional landscape board for the landscape management region to which the guidelines relate; and

            (c)         where the guidelines relate to pastoral land, submit the guidelines to the Pastoral Board for comment; and

            (e)         where the guidelines relate to land within the area of a local council, submit the guidelines to the Local Government Association of South Australia for comment; and

            (f)         submit the guidelines to Primary Producers SA Incorporated and to the Conservation Council of South Australia Incorporated for comment; and

            (g)         where the guidelines relate to land within the Murray-Darling Basin, submit the guidelines to the Minister to whom the administration of the River Murray Act 2003 is committed for comment.

        (3)         The public advertisement referred to in subsection (2)(a) must—

            (a)         specify an address at which copies of the draft guidelines may be purchased or inspected;

            (b)         specify an address to which representations in connection with the draft guidelines may be forwarded.

        (3a)         Where the guidelines relate to land within the Murray-Darling Basin, the guidelines must seek to further the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under the River Murray Act 2003 (insofar as they may be relevant).

        (3b)         Where the guidelines relate to land within the Adelaide Dolphin Sanctuary, the guidelines must seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005 (insofar as they may be relevant).

        (4)         The Council may adopt the draft guidelines with, or without, amendment but must, before adopting them, consider all representations made by members of the public and comments made pursuant to subsection (2).

        (5)         The Council must, by public advertisement, specify an address at which copies of guidelines adopted by the Council may be purchased or inspected.

        (5a)         The Council may, by following the procedures required by this section for the preparation and adoption of the initial guidelines, prepare and adopt guidelines varying or replacing guidelines previously adopted under this section.

        (5b)         Where the Council thinks it is desirable to take the time to consult on proposed guidelines in more detail than is required by this section, it may prepare and adopt guidelines under this section as an interim measure with the intention of varying or replacing them if necessary after it has had time for further consultation.

        (5c)         For the purposes of this section, draft guidelines in relation to the application of financial and other assistance will only be taken to relate to a landscape management region, pastoral land, the Murray-Darling Basin or the Adelaide Dolphin Sanctuary if the guidelines explicitly state that they do.

        (6)         In this section—

"public advertisement" means an advertisement published in the Gazette and in a newspaper circulating throughout the State.