Landscape South Australia Act 2019 (SA)

South Australia Landscape South Australia Act 2019 An Act to promote sustainable and integrated management of the State's landscapes, to make provision for the protection of the State's natural resources, and for other purposes.

Contents Part 1—Preliminary Division 1—Preliminary 1 Short title 3 Interpretation 4 Interaction with other Acts 5 Territorial and extra-territorial operation of Act 6 Act binds Crown Division 2—Objects, principles and general statutory duties 7 Objects and principles 8 General statutory duties Part 2—Administration Division 1—The Minister 9 Functions of Minister 10 Powers of delegation Division 2—Landscape regions and boards Subdivision 1—Establishment of regions 11 Establishment of regions 12 Green Adelaide Subdivision 2—Establishment of regional landscape boards 13 Establishment of boards 14 Corporate nature Subdivision 3—Membership of boards 15 Composition of boards 16 Qualifications for membership 17 Board elections 18 Conditions of membership 19 Allowances and expenses 20 Validity of acts 21 Conflict of interest under Public Sector (Honesty and Accountability) Act Subdivision 4—Procedures at meetings 22 Procedures at meetings 23 Meetings of boards to be held in public 24 Agenda and minutes of meetings open to public to be made available Subdivision 5—Functions of boards (general) 25 Functions of boards (general) Subdivision 6—Functions of Green Adelaide Board (additional provisions) 26 Green Adelaide Board (priority areas) Subdivision 7—Funding and grants 27 Funding support 28 Grassroots Grants Programs Subdivision 8—Powers of boards 29 General powers 30 Special powers to carry out works 31 Entry and occupation of land 32 Special vesting of infrastructure 33 Landscapes affecting activities control policies Subdivision 9—Staff 34 General manager 35 Staff Subdivision 10—Committees and other bodies 36 Committees and other bodies Subdivision 11—Power of delegation 37 Power of delegation Subdivision 12—Accounts, audit and reports 38 Accounts and audit 39 Annual reports 40 Specific reports Subdivision 13—Related matters 41 Use of facilities 42 Assignment of responsibility for infrastructure to another person or body 43 Appointment of administrator Part 3—State Landscape Strategy 44 State Landscape Strategy 45 Related provisions Part 4—Regional and water allocation plans Division 1—Regional landscape plans and business plans 46 Preparation of regional landscape plans 47 Key features of plan 48 Review of plan 49 Consultation associated with preparation of a plan or amendment 50 Approval of Minister 51 Annual business plan Division 2—Water allocation plans 52 Preparation of water allocation plans 53 Key features of plan 54 Review of plan 55 Consultation associated with preparation of a plan or amendment 56 Approval of Minister 57 Early adoption of plan Division 3—Related matters 58 Application of Division 59 Validity of plans 60 Promotion of River Murray legislation and IGA 61 Associated Ministerial consents 62 Amendment of plans without formal procedures 63 Plans may confer discretionary powers 64 Effect of invalidity 65 Time for preparation and review of plans Part 5—Landscape and water levies Division 1—Levies in respect of land Subdivision 1—Council areas 66 Contributions by constituent councils 67 Payment of contributions by councils 68 Funds may be expended in subsequent years 69 Imposition of levy by councils 70 Costs of councils Subdivision 2—Outside council areas 71 Board may declare a levy 72 Liability and payment of levy Subdivision 3—Related provisions 73 Land across boundaries 74 Application of levy Division 2—Levies in respect of water 75 Interpretation 76 Declaration of levies 77 Liability for levy 78 Notice of liability for levy 79 Determination of quantity of water taken 80 Cancellation etc of entitlement for non‑payment of levy 81 Costs associated with collection Division 3—Special provisions 82 Application of Division 83 Interest 84 Discounting levies 85 Recovery rights with respect to unpaid levy 86 Sale of land for non-payment of a levy Division 4—Related matters 87 Refund of levies 88 Declaration of penalty in relation to unauthorised or unlawful taking of water 89 Appropriation of levies, penalties and interest Part 6—Statutory funds Division 1—The Landscape Administration Fund 90 The Landscape Administration Fund 91 Accounts 92 Audit Division 2—The Landscape Priorities Fund 93 The Landscape Priorities Fund 94 Accounts 95 Audit Division 3—Regional landscape board funds 96 Regional landscape board funds Part 7—Management and protection of land 97 Interpretation 98 Special provisions relating to land 99 Requirement to implement action plan Part 8—Management and protection of water resources Division 1—General rights in relation to water 100 Right to take water subject to certain requirements 101 Declaration of prescribed water resources Division 2—Control of activities affecting water Subdivision 1—Water affecting activities control policies 102 Water affecting activities control policies Subdivision 2—Determination of relevant authority 103 Determination of relevant authority Subdivision 3—Control of activities 104 Water affecting activities 105 Certain uses of water authorised 106 Activities not requiring a permit 107 Notice to rectify unauthorised activity 108 Notice to maintain watercourse or lake 109 Restrictions in case of inadequate supply or overuse of water 110 Specific duty with respect to damage to a watercourse or lake 111 Minister may direct removal of dam etc Subdivision 4—Permits 112 Permits 113 Requirement for notice of certain applications 114 Refusal of permit to drill well Subdivision 5—Provisions relating to wells 115 Well drillers' licences 116 Renewal of licence 117 Non-application of certain provisions 118 Defences 119 Obligation to maintain well 120 Requirement for remedial or other work Division 3—Licensing and associated rights and entitlements Subdivision 1—Water licences 121 Nature of water licences 122 Water licences—applications and matters to be considered 123 Issuing of water licences 124 Variation of water licences 125 Transfer of water licences 126 Surrender of water licences Subdivision 2—Allocation of water 127 Allocation of water 128 Issuing of water allocation 129 Water allocations—matters to be considered 130 Reduction of water allocation 131 Variation of water allocations 132 Transfer of water allocations 133 Surrender of water allocations Subdivision 3—Water resource works approvals 134 Water resource works approvals—applications and matters to be considered 135 Issuing of approvals 136 Variation of approvals 137 Notice provisions 138 Cancellation if works not constructed or used 139 Nature of approval 140 Expiry Subdivision 4—Site use approval 141 Site use approvals—applications and matters to be considered 142 Issuing of approvals 143 Variation of approvals 144 Notice provisions 145 Cancellation 146 Nature of approval 147 Expiry Subdivision 5—Delivery capacity entitlements 148 Delivery capacity entitlements—applications and matters to be considered 149 Issuing of delivery capacity entitlements 150 Delivery capacity entitlements to relate to point of extraction 151 Variation of delivery capacity entitlements 152 Transfer of delivery capacity entitlements 153 Surrender of delivery capacity entitlements Subdivision 6—Interstate agreements 154 Interstate agreements Subdivision 7—Related matters 155 Allocation on declaration of prescribed water resource 156 Schemes to promote the transfer or surrender of certain entitlements 157 Consequences of breach of water management authorisations 158 Effect of cancellation of water management authorisations Division 4—Reservation of excess water by Minister 159 Interpretation 160 Reservation of excess water in a water resource 161 Allocation of reserved water 162 Public notice of allocation of reserved water Division 5—Water conservation measures 163 Water conservation measures Division 6—Commercial forestry Subdivision 1—Preliminary 164 Interpretation 165 Declaration of forestry areas Subdivision 2—Licences 166 Forest water licences 167 Allocation of water 168 Variations—allocations 169 Transfer of allocations 170 Conditions 171 Variations—conditions 172 Establishment of licence on declaration of areas 173 Surrender of licences 174 Cancellation of licences Subdivision 3—Offences 175 Offences Division 7—Interaction with Irrigation Acts 176 Interaction with Irrigation Act 2009 177 Interaction with Renmark Irrigation Trust Act 2009 Division 8—Related matters 178 Effect of water use on ecosystems 179 Activities relating to Murray‑Darling Basin 180 Consultation with Minister responsible for River Murray Act 2003 181 Representations by SA Water 182 Water recovery and other rights subject to board's functions and powers 183 Water management authorisation is not personal property for the purposes of Commonwealth Act 184 Law governing decisions under this Part Part 9—Control of animals and plants Division 1—Preliminary 185 Preliminary Division 2—Control provisions Subdivision 1—Specific controls 186 Movement of animals or plants 187 Possession etc of animals or plants 188 Sale of animals, plants etc 189 Offence to release animals or plants 190 Notification of presence of animals or plants 191 Requirement in respect of keeping or management of certain animals or plants 192 Owner of land to take action to destroy or control animals or plants 193 Action orders 194 Boards may recover certain costs from owners of land adjoining road reserves 195 Destruction or control of animals outside the dog fence by poison and traps 196 Ability of Minister to control or quarantine any animal or plant Subdivision 2—Permits 197 Permits Subdivision 3—Related matters 198 Animal-proof fences 199 Offence to interfere with certain fences 200 Offence to leave gates open 201 Protection of certain vegetation and habitats Part 10—Enforcement Division 1—Authorised officers 202 Authorised officers 203 Identity cards 204 Powers of authorised officers 205 Provisions relating to seizure 206 Hindering etc persons engaged in the administration of this Act Division 2—Civil remedies Subdivision 1—Orders issued by landscape boards 207 Protection orders 208 Action on non-compliance with a protection order 209 Reparation orders 210 Action on non-compliance with a reparation order 211 Reparation authorisations 212 Related matter 213 Registration 214 Effect of charge Subdivision 2—Orders made by ERD Court 215 Orders made by ERD Court Part 11—Appeals 216 Right of appeal 217 Operation and implementation of decisions or orders subject to appeal 218 Powers of Court on determination of appeals Part 12—Management agreements 219 Management agreements Part 13—Miscellaneous 220 Avoidance of duplication of procedures etc 221 Native title 222 Service of notices or other documents 223 Publication of notices by Minister 224 Money due to Minister 225 Compulsory acquisition of land 226 Compensation 227 Immunity from liability 228 Vicarious liability 229 False or misleading information 230 Interference with works or other property 231 Criminal jurisdiction of Court 232 Proceedings for offences 233 General defence 234 Offences by bodies corporate 235 Additional orders on conviction 236 Continuing offence 237 Constitution of Environment, Resources and Development Court 238 Evidentiary 239 Determination of costs and expenses 240 Minister may apply assumptions and other information 241 Landscape Scheme Register 242 Confidentiality 243 Damage caused by non-compliance with a notice etc 244 Recovery of technical costs associated with contraventions 245 Delegation by Chief Executive 246 Incorporation of codes and standards 247 Exemption from Act 248 Regulations 249 Review of Act Schedule 1—Regulations Schedule 2—Activities control policies 1 Preliminary 2 Review of policies 3 Preparation of a policy or amendment 4 Approval of Minister Schedule 3—Classes of wells in relation to which a permit is not required Schedule 4—The Water Register Part 1—Preliminary 1 Interpretation 2 Applications 3 Minister's power to require information 4 Form of record and management of register 5 Authentication of searches Part 2—Registration of entitlements issued under Part 8 6 Registration of entitlements 7 Special arrangement as to transfers Part 3—Registration of security interests 8 Creation of security interests 9 Priority of interests 11 Transfers 12 Discharge of registered interests 13 Enforcement of security interests Part 4—Caveats 14 Caveats Part 5—Miscellaneous 15 Devolution 16 Recording monetary consideration 17 Registration and correction of instruments 18 Cancellation of registration 19 Address for service of notices 20 ERD Court Schedule 5—Transitional provisions Part 30—Transitional and other provisions Division 1—Preliminary 88 Interpretation Division 2—Regions and boards 89 Establishment of regions and boards 90 Regional NRM boards Division 3—NRM entities 91 Vesting of property etc 92 References Division 4—Plans 93 Regional NRM plans 94 Business plans Division 5—Levies, penalties, interest and other fees 95 Levies 96 Outstanding levies, penalties, interest or other fees Division 6—Funds 97 Funds Division 7—Water 98 Prescribed water resources 99 Water allocation plans 100 Water affecting activities 101 Continuation of authorisations, notices and other measures 102 Bundled water allocation plans and water licences 103 Security interests Division 8—Miscellaneous 104 Ministerial policies 105 State NRM Plan 106 Minister may make provision for assignment of responsibilities and modifications of plans 107 Adopting acts or decisions 108 Registration authorities 109 General saving provision 110 Continuation of other plans, notices, permits and orders 111 Authorised officers 112 Constitution of Environment, Resources and Development Court 113 References to Planning and Design Code 114 NRM Register and The Water Register 115 Other provisions Legislative history