Native Vegetation Act 1991 (SA)

South Australia Native Vegetation Act 1991 An Act to provide incentives and assistance to landowners in relation to the preservation and enhancement of native vegetation; to control the clearance of native vegetation; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 3A Substantially intact vegetation 4 Application of Act 4A Interaction with Fire and Emergency Services Act 2005 5 Act to bind Crown Part 2—Objects of this Act 6 Objects Part 3—Administration Division 1—The Native Vegetation Council 7 Establishment of the Council 8 Membership of the Council 9 Conditions of office 10 Allowances and expenses 11 Procedures at meetings of the Council 12 Validity of acts of Council 13 Application of Public Sector (Honesty and Accountability) Act 14 Functions of Council 15 Delegation of powers and functions 16 Staff 17 Annual report Division 3—The Native Vegetation Fund 21 The Fund 22 Accounts and audit Part 4—Heritage agreements, proposals for revegetation and financial and other assistance Division 1—Heritage agreements 23 Heritage agreements 23A Effect of heritage agreement 23B Registration of heritage agreements Division 2—Approval by the Council of proposal for revegetation 23D Application of Division 23E Declaration in relation to existing vegetation 23F Proposal for revegetation of land 23G Information required on application or submission 23H Decision by the Council 23I Noting of Council's approval against the title to the land Division 3—Financial and other assistance 24 Assistance to landowners 25 Guidelines for the application of assistance and the management of native vegetation Part 4A—Credit, assignment and third party establishment of environmental benefits 25A Credit for environmental benefits 25B Assignment of credit 25C Achievement of environmental benefit by accredited third party provider 25D Management agreements 25E Register Part 5—Clearance and enforcement Division 1—Control of clearance 26 Offence of clearing native vegetation contrary to this Part 27 Clearance of native vegetation 28 Application for consent 29 Provisions relating to consent 29A Avoidance of duplication of procedures etc 30 Conditions of consent 30A Marking or tagging of cleared vegetation Division 2—Civil enforcement proceedings 31A Application to ERD Court for enforcement 31B Order where native vegetation has been cleared 31C Interim order 31D Enforcement of orders 31E Enforcement notices 31EA Substituted direction where compliance with enforcement notice not reasonably practicable 31F Miscellaneous provisions 32 Appeals 33 Commencement of proceedings Division 3—Authorised officers 33A Appointment of authorised officers 33B Powers of authorised officers 33C Issue of warrants 33D Provisions relating to seizure 33E Offence to hinder etc authorised officers 33EA Offences by authorised officers etc Part 5B—Interest and recovery of money 33H Interest 33I Sale of land for non-payment Part 6—Miscellaneous 33J Constitution and criminal jurisdiction of ERD Court 33K Applications during criminal proceedings 34 Evidentiary 35 Proceedings for an offence 36 Assessment of costs and expenses 38 Vicarious liability 39 Offences by bodies corporate 40 General defence 40A Register of applications 40B Ministerial power of delegation 41 Regulations Schedule 1—Principles of native vegetation clearance 1 Principles of clearance of native vegetation 2 Interpretation Schedule 2—Transitional provisions Legislative history