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.