South Australian Consolidated Regulations

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NATIVE VEGETATION REGULATIONS 2003 - REG 6

6—Restrictions on clearance of native vegetation

        (1)         Native vegetation may not be cleared pursuant to regulation 5(1)(k)—

            (a)         if the vegetation—

                  (i)         consists of a tree that has a trunk circumference (measured at a point 300 millimetres above the base of the tree) of 2 metres or more; and

                  (ii)         is situated within the 1956 flood plain of the River Murray, other than where the vegetation is within the area of a city or township; or

            (b)         in any circumstances declared by the Minister, by notice in the Gazette, to be included in the ambit of this subregulation.

        (1a)         The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subregulation (1)(b).

        (2)         Native vegetation may not be cleared pursuant to regulation 5(1)(a), (ab), (b), (j), (q), (r), (s), (t) or (u) if—

            (a)         the clearance would be contrary to the requirements of a condition attached to a consent to clearance granted by the Council under the Act or by the Native Vegetation Authority under the repealed Act or of an order of a court under the Act or the repealed Act; or

            (b)         the vegetation was sown or planted in compliance with a condition attached to a consent to clearance granted by the Council under the Act or by the Native Vegetation Authority under the repealed Act or in compliance with an order of a court under the Act or the repealed Act.

        (2a)         Native vegetation may not be cleared pursuant to regulation 5(1)(t) or (u) if the vegetation is situated within the River Murray Floodplain Area.

        (3)         In this regulation—

"township" has the same meaning as in the Local Government Act 1999 .



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