Pastoral Land Management and Conservation (Use of Pastoral Land) Amendment Bill 2024 (SA)

South Australia Pastoral Land Management and Conservation (Use of Pastoral Land) Amendment Bill 2023 A Bill For An Act to amend the Pastoral Land Management and Conservation Act 1989.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Pastoral Land Management and Conservation Act 1989 3 Amendment of section 3—Interpretation 4 Amendment of section 4—Objects 5 Amendment of section 7—General duty of pastoral lessees 6 Amendment of section 8—Pastoral land not to be freeholded 7 Amendment of section 12—Establishment of Pastoral Board 8 Amendment of section 19—Grant of leases 9 Amendment of section 20—Assessment of land prior to grant of lease 10 Amendment of section 22—Conditions of pastoral leases 11 Amendment of section 23—Rent 12 Amendment of section 25—Assessment of land 13 Amendment of section 42—Verification of stock levels Schedule 1—Transitional provisions 1 Interpretation 2 Approvals

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Pastoral Land Management and Conservation (Use of Pastoral Land) Amendment Act 2023. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Pastoral Land Management and Conservation Act 1989 3—Amendment of section 3—Interpretation (1) Section 3(1)—after the definition of the Board insert: carbon farming means land management activities that avoid or reduce carbon in the atmosphere or sequester carbon in the landscape, as defined in the regulations; Note— See subsection (3). conservation purposes means conservation of biodiversity, ecosystems or native vegetation (including by way of heritage agreements or environmental benefits under the Native Vegetation Act 1991) or other ancillary conservation uses; (2) Section 3(1), definition of pastoral lease—after "for pastoral purposes" insert: or other purposes (such as carbon farming or conservation purposes) with the approval of the Board under this Act (3) Section 3—after subsection (2) insert: (3) The Minister must consult with the following bodies on any regulations proposed to be made for the purposes of the definition of carbon farming in subsection (1) before those regulations are made: (a) the Board; (b) the Conservation Council of South Australia Inc; (c) First Nations of South Australia Aboriginal Corporation; (d) Primary Producers SA Incorporated; (e) Livestock SA Incorporated. 4—Amendment of section 4—Objects Section 4—after paragraph (f) insert: and (g) to allow pastoral land to be used for conservation purposes; and (h) to allow pastoral land that is being used for pastoral or conservation purposes to also be used for other appropriate purposes (such as carbon farming). 5—Amendment of section 7—General duty of pastoral lessees Section 7(a)—delete "the enterprise" and substitute: enterprises 6—Amendment of section 8—Pastoral land not to be freeholded Section 8—at the end of section 8 insert: Note— Nothing prevents land that is to be used for conservation purposes, or for a combination of pastoral or conservation purposes and other purposes, (with the approval of the Board in accordance with this Act) from remaining subject to a pastoral lease. 7—Amendment of section 12—Establishment of Pastoral Board (1) Section 12(2)(b)—delete "for Environment and Heritage" and substitute: responsible for the administration of the Native Vegetation Act 1991 (2) Section 12(2)(c)—delete "for Primary Industries, Natural Resources and Regional Development" and substitute: responsible for the administration of the Livestock Act 1997 (3) Section 12(2)(e)—delete "South Australian Farmers Federation" and substitute: Primary Producers SA Incorporated (4) Section 12(2)(f)—after "Inc" insert: (the Conservation Council), being persons who, in the opinion of the Conservation Council, have knowledge of, and experience in, the conservation of the rangelands environment 8—Amendment of section 19—Grant of leases Section 19(2)—delete "for pastoral purposes" and substitute: under this Act 9—Amendment of section 20—Assessment of land prior to grant of lease Section 20(1)(b)(i)—delete "pastoral purposes" and substitute: the purposes for which the pastoral lease would be granted 10—Amendment of section 22—Conditions of pastoral leases Section 22(6)(c)—after "pastoral purposes" insert: (including, without limitation, conservation purposes or, if the land is being used for pastoral or conservation purposes, carbon farming) 11—Amendment of section 23—Rent Section 23(6)(a)—delete " enterprise" and substitute: an enterprise 12—Amendment of section 25—Assessment of land Section 25(2)(b)—after "stock" insert: (taking into account the purposes for which the land is being used) 13—Amendment of section 42—Verification of stock levels (1) Section 42(1)—delete "The" and substitute: Subject to subsection (1a), the (2) Section 42—after subsection (1) insert: (1a) If pastoral land is being used for a purpose other than pastoral purposes (with the approval of the Board in accordance with this Act), the Board may exempt the lessee from the requirement to provide a statutory declaration under this section.