NATIVE VEGETATION ACT 1991 - SECT 27

NATIVE VEGETATION ACT 1991 - SECT 27

27—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;

            (c)         native vegetation may, subject to subsection (5)(c), be cleared without any other restriction under this Act if the clearance falls within the ambit of subsection (4a).

        (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.

        (4a)         The clearance of native vegetation falls within the ambit of this subsection if—

            (a)         the clearance occurs in the course of clearing vegetation by the process commonly known as a cold burn (being a cold burn conducted in accordance with any relevant guidelines adopted by the Council under section 25); or

            (b)         the clearance is authorised by the relevant Chief Officer under subsection (4b).

        (4b)         The relevant Chief Officer may authorise the clearance of native vegetation under this subsection if the Chief Officer considers—

            (a)         that the clearance is reasonably necessary and appropriate for the purpose of protecting the life, health or safety of any person from a serious risk of bushfire after taking into account any guidelines developed by the Council after consultation with the Chief Officer of SACFS and the Chief Officer of SAMFS; and

            (b)         that it is appropriate to proceed under this subsection rather than the other provisions of this Act due to the circumstances of the particular case.

        (4c)         A Chief Officer may—

            (a)         give an authorisation under subsection (4b) subject to such conditions (if any) as the Chief Officer thinks fit to impose; and

            (b)         vary or revoke an authorisation under subsection (4b) due to a change in circumstances.

        (4d)         A Chief Officer may only delegate a power under subsection (4b) or (4c) to a Deputy Chief Officer or Assistant Chief Officer of the relevant service.

        (5)         Native vegetation that is growing or is situated on land that is subject to a heritage agreement under this Act, a heritage agreement that was entered into in compliance with a condition of consent to clear native vegetation under the repealed Act or a management agreement under section 25D 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 such an 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.

        (7)         In this section—

"Chief Officer" means a Chief Officer of SACFS or a Chief Officer of SAMFS (as the case requires) and includes a person for the time being acting in the relevant office;

"fire-control purposes"—these are purposes associated with preventing or controlling the spread of fires or potential fires;

"relevant Chief Officer", in relation to an authorisation under subsection (4b), means—

            (a)         if the relevant land is in a fire district established for the purposes of SAMFS—the Chief Officer of SAMFS;

            (b)         in any other case—the Chief Officer of SACFS;

"SACFS" means the South Australian Country Fire Service;

"SAMFS" means the South Australian Metropolitan Fire Service.