South Australian Consolidated Acts South Australian Consolidated Acts27—Clearance of native vegetation
(1) Subject to any
other Act or law to the contrary—
(a)
native vegetation may, subject to this section, be cleared with the consent of
the Council given in accordance with section 29;
(b)
native vegetation may, subject to subsection (5)(b), be cleared—
(i)
if the vegetation is of a prescribed class; or
(ii)
in prescribed circumstances.
(2) Subject to
subsection (3), the Council cannot give its consent to the clearance of
native vegetation under subsection (1)(a) if the vegetation comprises or
forms part of a stratum of native vegetation that is substantially intact (see
section 3A).
(3) The Council may,
despite subsection (2) but subject to the other requirements of this
Division, give its consent to the harvesting of native vegetation if, in its
opinion, the harvesting will not result in any lasting damage to the plants
comprising the vegetation, lead to significant soil damage or erosion, or
result in any long-term loss of biodiversity.
(4) The Council may
give its consent under subsection (3) subject to such conditions (if any)
as the Council thinks fit to impose.
(5) Native vegetation
that is growing or is situated on land that is subject to a heritage agreement
under this Act or a heritage agreement that was entered into in compliance
with a condition of consent to clear native vegetation under the repealed Act
cannot be cleared—
(a)
under subsection (1)(a) unless the Minister has also given his or her
consent to the clearance;
(b)
under subsection (1)(b) unless a regulation prescribing a class of
vegetation under paragraph (b)(i) or circumstances under
paragraph (b)(ii) explicitly extends its operation to vegetation on land
that is subject to a heritage agreement.
(6) If the Minister
attaches conditions to his or her consent under subsection (5)(a),
the Council's consent to the clearance will be taken to be subject to the same
conditions, in addition to any other conditions imposed by the Council.