South Australian Numbered Acts South Australian Numbered Acts10—Insertion of section 50B
After section 50A insert:
50B—Urban trees fund
(1) A council may,
with the approval of the Minister, establish a fund (an
"urban trees fund") for an area designated by the council (a
"designated area").
(2) The establishment
of the fund will be effected by notice in the Gazette.
(3) A designated area
must be defined by reference to an area established by the relevant
Development Plan.
(4) A fund will
consist of—
(a) all
amounts paid into the fund as a condition of a development authorisation under
section 42; and
(b) any
income paid into the fund under subsection (5); and
(c) any
amounts paid to the credit of the fund under subsection (7).
(5) Any money in an
urban trees fund that is not for the time being required for the purpose of
the fund may be invested by the council and any resultant income must be paid
into the fund.
(6) Money standing to
the credit of an urban trees fund may be applied by the council—
(a) to
maintain or plant trees in the designated area which are or will (when fully
grown) constitute significant trees under this Act; or
(b) to
purchase land within the designated area in order to maintain or plant trees
which are or will (when fully grown) constitute significant trees under this
Act.
(7) The council must,
if it subsequently sells land purchased under subsection (6)(b), pay the
proceeds of sale into an urban trees fund maintained by the council under this
section, subject to the following qualifications:
(a) if
an urban trees fund is no longer maintained by the council, the proceeds must
be applied for a purpose or purposes consistent with subsection (6)(a) or
(b);
(b) if
money from an urban trees fund only constituted a proportion of the
purchase price of the land (the "designated proportion"), the money that is
subject to these requirements is the designated proportion of the proceeds of
sale.
(8) Despite the
operation of any other provision, if—
(a) a
person is required to make a payment in lieu of planting 1 or more trees;
and
(b) the
person is a designated person,
then the amount of the payment that would otherwise apply must be discounted
by 66.6%.
(9) In this
section—
"designated person" means a person—
(a) who
is an owner and occupier of the land where the relevant tree is situated; and
(b)
who—
(i)
is the holder of a current Pensioner Concession Card
issued by the Commonwealth Government and is in receipt of a full Commonwealth
pension in connection with that card; or
(ii)
falls within a class of person prescribed by the
regulations for the purposes of this definition.