NATIVE VEGETATION ACT 1991 - SCHEDULE 1
NATIVE VEGETATION ACT 1991 - SCHEDULE 1
Schedule 1—Principles of native vegetation clearance
1—Principles
of clearance of native vegetation
Native vegetation should not be cleared if, in the opinion of the
Council—
(a) it
comprises a high level of diversity of plant species; or
(b) it
has significance as a habitat for wildlife; or
(c) it
includes plants of a rare, vulnerable or endangered species; or
(d) the
vegetation comprises the whole, or a part, of a plant community that is rare,
vulnerable or endangered; or
(e) it
is significant as a remnant of vegetation in an area which has been
extensively cleared; or
(f) it
is growing in, or in association with, a wetland environment; or
(g) it
contributes significantly to the amenity of the area in which it is growing or
is situated; or
(h) the
clearance of the vegetation is likely to contribute to soil erosion or
salinity in an area in which appreciable erosion or salinisation has already
occurred or, where such erosion or salinisation has not yet occurred, the
clearance of the vegetation is likely to cause appreciable soil erosion or
salinity; or
(i)
the clearance of the vegetation is likely to cause
deterioration in the quality of surface or underground water; or
(j) the
clearance of the vegetation is likely to cause, or exacerbate, the incidence
or intensity of flooding; or
(k)
—
(i)
after clearance the land will be used for a particular
purpose; and
(ii)
the regional landscape board for the
landscape management region where the land is situated has, as part of its
regional landscape plan under the Landscape South Australia Act 2019 ,
assessed—
(A) the capability and preferred uses of
the land; and
(B) the condition of the land; and
(iii)
according to that assessment the use of the land for that
purpose cannot be sustained; or
(l) the
clearance of the vegetation would cause significant harm to the River Murray
within the meaning of the River Murray Act 2003 ; or
(m) the
clearance of vegetation would cause significant harm to the
Adelaide Dolphin Sanctuary.
In this Schedule, unless the contrary intention appears—
endangered species means a species of plant for the time being appearing in
Part 2 of Schedule 7 of the National Parks and Wildlife Act 1972 ;
plant community means plants of a species indigenous to South Australia
growing in association with one another and forming a group that is distinct
from other plant communities;
rare species means a species of plant for the time being appearing in Part 2
of Schedule 9 of the National Parks and Wildlife Act 1972 ;
vulnerable species means a species of plant for the time being appearing in
Part 2 of Schedule 8 of the National Parks and Wildlife Act 1972 ;
wildlife has the same meaning as in the National Parks and Wildlife
Act 1972 .