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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 155
As laid on the table and read a first time, 9 November 2005
South Australia
Native
Vegetation (Miscellaneous) Amendment Bill 2005
A Bill For
An Act to amend the Native Vegetation Act 1991.
Contents
Part 1—Preliminary
1 Short title
2 Amendment provisions
Part 2—Amendment of Native
Vegetation Act 1991
3 Amendment of section 3—Interpretation
4 Amendment of section 8—Membership of
the Council
5 Amendment of section 27—Clearance of
native vegetation
6 Amendment of section 40—General
defences
Schedule 1—Transitional provisions
1 Interpretation
2 Quorum of Council
3 Presiding member
of the Council
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Native Vegetation (Miscellaneous)
Amendment Act 2005.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Native Vegetation Act 1991
3—Amendment of section 3—Interpretation
Section 3(1), definition of clearance, (d)—delete
paragraph (d)
4—Amendment of section 8—Membership of the Council
(1) Section 8(1)—after paragraph (g) insert:
and
(h) one must be a practising pastoralist who resides outside
local government boundaries nominated by the Minister; and
(i) one must be a
person with experience in the valuation industry nominated by the Minister.
(2) Section 8—after subsection (2) insert:
(2a) The person nominated by the Minister to be the presiding
member of the Council must have extensive experience in agriculture and should
preferably (but not necessarily) be a person who has been involved in broad
acre farming.
(3) Section 8(3)—delete "Four" and
substitute:
Five
5—Amendment of section 27—Clearance of native vegetation
(1) Section 27(1)—after paragraph (b) insert:
(c) native vegetation may, subject to subsection (5)(c), be
cleared without any other restriction under this Act if the clearance falls
within the ambit of subsection (4a).
(2) Section 27—after subsection (4) insert:
(4a) The clearance of
native vegetation falls within the ambit of this subsection if—
(a) the
clearance is reasonably necessary for the creation of a housing allotment or
the construction of a dwelling that has been approved under the Development
Act 1993 and the clearance has been authorised under that Act as part
of that approval; or
(b) the
clearance occurs on pastoral land and is for the purposes of grazing stock or
providing watering points for stock; or
(c) —
(i) the clearance
involves vegetation situated on land used for cultivation, pasture or forestry
within the immediately preceding period of 10 years; and
(ii) the clearance is necessary to allow the land to be used for
cultivation, pasture or forestry to any extent that has applied within that
preceding period; and
(iii) the vegetation to be cleared consists only of plants or
parts of plants that have grown or regrown during that preceding period; and
(iv) either—
(A) the vegetation has a stem diameter at the lowest point on
the stem above ground level of 250 millimetres or less; or
(B) the vegetation is of the genus Xanthorrhoea; or
(d) the
clearance is being undertaken in order to re-establish land for cropping
proposes after a break not exceeding 20 years; or
(e) the clearance is being undertaken by a person engaged in the
business of primary production in order to establish or maintain a fuel break,
or to reduce the fuel-load on land, for fire-control purposes and involves—
(i) the clearance of vegetation within 20
metres of an existing fence-line that runs along a boundary between 2
properties that are not owned or occupied by the same person; or
(ii) the clearance of vegetation within an area not exceeding 100
hectares through the process commonly known as a cold burn.
(3) Section 27(5)—after paragraph (b) insert:
(c) under subsection (1)(c) unless the Minister has given his or
her consent to the clearance.
(4) Section 27—after subsection (6) insert:
(7) In this section—
fire-control purposes—these are purposes associated with
preventing or controlling the spread of fires or potential fires.
6—Amendment of section 40—General defences
Section 40—after its present contents (now
to be designated as subsection (1)) insert:
(2) It is a defence to a charge of an offence
against this Act involving the clearance of native vegetation if the defendant
proves that the clearance was reasonably necessary in order to—
(a) give effect to modern farming practices; or
(b) provide for the safety of any person or property; or
(c) prevent or control the spread of bushfires or potential
bushfires.
Schedule 1—Transitional provisions
In this Schedule—
principal Act means the Native Vegetation Act 1991.
The quorum of the Native Vegetation Council will remain at four
members until an appointment is made under paragraph (h) or (i) of section 8(1) of the principal Act (as inserted by
this Act).
3—Presiding member of the Council
Subsection (2a) of section 8 of the principal Act (as inserted by this Act) does not apply to or in relation to the person holding office as the presiding member of the Native Vegetation Council immediately before the commencement of this Act.