South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to
subsection (2), the owner of land on which native vegetation is growing
or is situated, or a person acting on his or her behalf, (but no other person)
may apply for consent to clear the vegetation.
(2) Where the land is
held from the Crown under a miscellaneous lease, an application for consent
to clear vegetation can only be made by the Minister for Environment and
Conservation.
(3) An application for
consent—
(a) must
be in a form approved by the Council;
(b) must
be accompanied by—
(i)
a native vegetation management plan prepared by the
applicant in accordance with guidelines adopted by the Council under Part 4;
and
(ii)
either—
(A) information that establishes that the
planting and maintenance of native vegetation on the land after clearance or
on adjacent land in accordance with the native vegetation management plan
will, after allowing for the loss of the vegetation to be cleared, result in a
significant environmental benefit; or
(B) information that establishes that it is
not possible for the applicant to provide a significant environmental benefit
in the manner referred to in subsubparagraph (A); and
(iia)
the prescribed number of copies of a report relating to the proposed clearance
prepared in a form approved by the Council; and
(iib)
such other information as the Council reasonably requires; and
(iii)
the prescribed fee (including the fee prescribed for the
report referred to in subparagraph (iia)).
(4) Where an applicant
provides information referred to in subsection (3)(b)(ii)(B), he or she
may propose that he or she make a payment into the Fund to compensate for the
fact that there will not be a significant environmental benefit associated
with the proposed clearance.
(5) The report
referred to in subsection (3)(b)(iia) must be prepared by the agency or
instrumentality of the Crown or other person or body specified by the
regulations.
(6) On receipt of the
fee prescribed for the report referred to in subsection (3)(b)(iia),
the Council (or a local council or other body or person acting under
delegation from the Council) must pay the amount of the fee to the Minister
who must apply the amount received towards the cost of administering this Act.
(7) The Council must
ensure that a copy of the report referred to in subsection (3)(b)(iia),
and of any Assessment Report prepared by the Minister's department in response
to the making of an application under this section, is available for
inspection, without fee, during ordinary office hours at the principal office
of the Council, and is also available in any other manner, or at any other
place, determined by the Minister.