South Australian Numbered Acts South Australian Numbered Acts5—Amendment of section 23—Development Plans
Section 23(4a)—delete subsection (4a) and substitute:
(4a) A Development
Plan may—
(a)
declare a tree to be a significant tree if—
(i)
it makes a significant contribution to the character or
visual amenity of the local area; or
(ii)
it is indigenous to the local area, it is a rare or
endangered species taking into account any criteria prescribed by the
regulations, or it forms part of a remnant area of native vegetation; or
(iii)
it is an important habitat for native fauna taking into
account any criteria prescribed by the regulations; or
(iv)
it satisfies any criteria prescribed by the regulations;
or
(b)
declare a stand of trees to be significant trees if—
(i)
as a group they make a significant contribution to the
character or visual amenity of the local area; or
(ii)
they are indigenous to the local area, they are members
of a rare or endangered species taking into account any criteria prescribed by
the regulations, or they form, or form part of, a remnant area of native
vegetation; or
(iii)
as a group they form an important habitat for native
fauna taking into account any criteria prescribed by the regulations; or
(iv)
as a group they satisfy any criteria prescribed by the
regulations,
(and the declaration may be made on the basis that certain trees located at
the same place are excluded from the relevant stand).
(4b) However, a
declaration under subsection (4a) must not be inconsistent with any
criteria prescribed by the regulations for the purposes of this subsection.
(4c) For the purposes
of subsection (4a), a Development Plan must identify the location of a
tree or stand of trees in accordance with any requirements imposed by the
regulations.