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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Native Vegetation (Miscellaneous) Amendment
Bill 2008
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 27—Clearance of native
vegetation
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Native Vegetation (Miscellaneous) Amendment
Act 2008.
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 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 occurs on pastoral land and is for the purposes of
grazing stock, constructing a dam or providing watering points for stock;
or
(b) the clearance occurs on pastoral land and is for the purpose of
reestablishing land for cropping purposes after a break not exceeding 15 years;
or
(c) the clearance—
(i) occurs on land situated within the area of a rural council;
and
(ii) is undertaken—
(A) by the rural council in whose area the clearance occurs; or
(B) in accordance with a written approval granted by the rural council in
whose area the clearance occurs for the purposes of this paragraph;
and
(iii) is reasonably required for fire-control purposes and
involves—
(A) the construction of fire breaks not exceeding 20 metres in width;
or
(B) the construction of vehicular tracks not exceeding 15 metres in width
to enable or aid access to particular areas; or
(C) the clearance of vegetation within an area not exceeding 100 hectares
through the process commonly known as a cold burn; or
(D) the reduction of the fuel-load on land,
and, in the case of a clearance of a kind contemplated by
subparagraph (iii)(C) or (D), occurs between 1 March and 31 October in
any year; or
(d) the clearance occurs on land situated within the area of a local
council and is for the purpose of constructing a dam the water surface area of
which does not exceed 10 000 square metres.
(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;
rural council has the same meaning as in the Fire and
Emergency Services Act 2005.