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LANDSCAPE SOUTH AUSTRALIA ACT 2019 (NO 33 OF 2019)


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary Division 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Interaction with other Acts
   5.      Territorial and extra-territorial operation of Act
   6.      Act binds Crown Division 2--Objects, principles and general statutory duties
   7.      Objects and principles
   8.      General statutory duties

   PART 2--Administration Division 1--The Minister

   9.      Functions of Minister
   10.     Powers of delegation Division 2--Landscape regions and boards Subdivision 1--Establishment of regions
   11.     Establishment of regions
   12.     Green Adelaide Subdivision 2--Establishment of regional landscape boards
   13.     Establishment of boards
   14.     Corporate nature Subdivision 3--Membership of boards
   15.     Composition of boards
   16.     Qualifications for membership
   17.     Board elections
   18.     Conditions of membership
   19.     Allowances and expenses
   20.     Validity of acts
   21.     Conflict of interest under Public Sector (Honesty and Accountability) Act Subdivision 4--Procedures at meetings
   22.     Procedures at meetings
   23.     Meetings of boards to be held in public
   24.     Agenda and minutes of meetings open to public to be made available Subdivision 5--Functions of boards (general)
   25.     Functions of boards (general) Subdivision 6--Functions of Green Adelaide Board (additional provisions)
   26.     Green Adelaide Board (priority areas) Subdivision 7--Funding and grants
   27.     Funding support
   28.     Grassroots Grants Programs Subdivision 8--Powers of boards
   29.     General powers
   30.     Special powers to carry out works
   31.     Entry and occupation of land
   32.     Special vesting of infrastructure
   33.     Landscapes affecting activities control policies Subdivision 9--Staff
   34.     General manager
   35.     Staff Subdivision 10--Committees and other bodies
   36.     Committees and other bodies Subdivision 11--Power of delegation
   37.     Power of delegation Subdivision 12--Accounts, audit and reports
   38.     Accounts and audit
   39.     Annual reports
   40.     Specific reports Subdivision 13--Related matters
   41.     Use of facilities
   42.     Assignment of responsibility for infrastructure to another person or body
   43.     Appointment of administrator

   PART 3--State Landscape Strategy

   44.     State Landscape Strategy
   45.     Related provisions

   PART 4--Regional and water allocation plans Division 1--Regional landscape plans and business plans

   46.     Preparation of regional landscape plans
   47.     Key features of plan
   48.     Review of plan
   49.     Consultation associated with preparation of a plan or amendment
   50.     Approval of Minister
   51.     Annual business plan Division 2--Water allocation plans
   52.     Preparation of water allocation plans
   53.     Key features of plan
   54.     Review of plan
   55.     Consultation associated with preparation of a plan or amendment
   56.     Approval of Minister
   57.     Early adoption of plan Division 3--Related matters
   58.     Application of Division
   59.     Validity of plans
   60.     Promotion of River Murray legislation and IGA
   61.     Associated Ministerial consents
   62.     Amendment of plans without formal procedures
   63.     Plans may confer discretionary powers
   64.     Effect of declaration of invalidity
   65.     Time for preparation and review of plans

   PART 5--Landscape and water levies Division 1--Levies in respect of land Subdivision 1--Council areas

   66.     Contributions by constituent councils
   67.     Payment of contributions by councils
   68.     Funds may be expended in subsequent years
   69.     Imposition of levy by councils
   70.     Costs of councils Subdivision 2--Outside council areas
   71.     Board may declare a levy
   72.     Liability and payment of levy Subdivision 3--Related provisions
   73.     Land across boundaries
   74.     Application of levy Division 2--Levies in respect of water
   75.     Interpretation
   76.     Declaration of levies
   77.     Liability for levy
   78.     Notice of liability for levy
   79.     Determination of quantity of water taken
   80.     Cancellation etc of entitlement for non-payment of levy
   81.     Costs associated with collection Division 3--Special provisions
   82.     Application of Division
   83.     Interest
   84.     Discounting levies
   85.     Recovery rights with respect to unpaid levy
   86.     Sale of land for non-payment of a levy Division 4--Related matters
   87.     Refund of levies
   88.     Declaration of penalty in relation to unauthorised or unlawful taking of water
   89.     Appropriation of levies, penalties and interest

   PART 6--Statutory funds Division 1--The Landscape Administration Fund

   90.     The Landscape Administration Fund
   91.     Accounts
   92.     Audit Division 2--The Landscape Priorities Fund
   93.     The Landscape Priorities Fund
   94.     Accounts
   95.     Audit Division 3--Regional landscape board funds
   96.     Regional landscape board funds

   PART 7--Management and protection of land

   97.     Interpretation
   98.     Special provisions relating to land
   99.     Requirement to implement action plan

   PART 8--Management and protection of water resources Division 1--General rights in relation to water

   100.    Right to take water subject to certain requirements
   101.    Declaration of prescribed water resources Division 2--Control of activities affecting water Subdivision 1--Water affecting activities control policies
   102.    Water affecting activities control policies Subdivision 2--Determination of relevant authority
   103.    Determination of relevant authority Subdivision 3--Control of activities
   104.    Water affecting activities
   105.    Certain uses of water authorised
   106.    Activities not requiring a permit
   107.    Notice to rectify unauthorised activity
   108.    Notice to maintain watercourse or lake
   109.    Restrictions in case of inadequate supply or overuse of water
   110.    Specific duty with respect to damage to a watercourse or lake
   111.    Minister may direct removal of dam etc Subdivision 4--Permits
   112.    Permits
   113.    Requirement for notice of certain applications
   114.    Refusal of permit to drill well Subdivision 5--Provisions relating to wells
   115.    Well drillers' licences
   116.    Renewal of licence
   117.    Non-application of certain provisions
   118.    Defences
   119.    Obligation to maintain well
   120.    Requirement for remedial or other work Division 3--Licensing and associated rights and entitlements Subdivision 1--Water licences
   121.    Nature of water licences
   122.    Water licences--applications and matters to be considered
   123.    Issuing of water licences
   124.    Variation of water licences
   125.    Transfer of water licences
   126.    Surrender of water licences Subdivision 2--Allocation of water
   127.    Allocation of water
   128.    Issuing of water allocation
   129.    Water allocations--matters to be considered
   130.    Reduction of water allocation
   131.    Variation of water allocations
   132.    Transfer of water allocations
   133.    Surrender of water allocations Subdivision 3--Water resource works approvals
   134.    Water resource works approvals--applications and matters to be considered
   135.    Issuing of approvals
   136.    Variation of approvals
   137.    Notice provisions
   138.    Cancellation if works not constructed or used
   139.    Nature of approval
   140.    Expiry Subdivision 4--Site use approval
   141.    Site use approvals--applications and matters to be considered
   142.    Issuing of approvals
   143.    Variation of approvals
   144.    Notice provisions
   145.    Cancellation
   146.    Nature of approval
   147.    Expiry Subdivision 5--Delivery capacity entitlements
   148.    Delivery capacity entitlements--applications and matters to be considered
   149.    Issuing of delivery capacity entitlements
   150.    Delivery capacity entitlements to relate to point of extraction
   151.    Variation of delivery capacity entitlements
   152.    Transfer of delivery capacity entitlements
   153.    Surrender of delivery capacity entitlements Subdivision 6--Interstate agreements
   154.    Interstate agreements Subdivision 7--Related matters
   155.    Allocation on declaration of prescribed water resource
   156.    Schemes to promote the transfer or surrender of certain entitlements
   157.    Consequences of breach of water management authorisations
   158.    Effect of cancellation of water management authorisations Division 4--Reservation of excess water by Minister
   159.    Interpretation
   160.    Reservation of excess water in a water resource
   161.    Allocation of reserved water
   162.    Public notice of allocation of reserved water Division 5--Water conservation measures
   163.    Water conservation measures Division 6--Commercial forestry Subdivision 1--Preliminary
   164.    Interpretation
   165.    Declaration of forestry areas Subdivision 2--Licences
   166.    Forest water licences
   167.    Allocation of water
   168.    Variations--allocations
   169.    Transfer of allocations
   170.    Conditions
   171.    Variations--conditions
   172.    Establishment of licence on declaration of areas
   173.    Surrender of licences
   174.    Cancellation of licences Subdivision 3--Offences
   175.    Offences Division 7--Interaction with Irrigation Acts
   176.    Interaction with Irrigation Act 2009
   177.    Interaction with Renmark Irrigation Trust Act 2009 Division 8--Related matters
   178.    Effect of water use on ecosystems
   179.    Activities relating to Murray-Darling Basin
   180.    Consultation with Minister responsible for River Murray Act 2003
   181.    Representations by SA Water
   182.    Water recovery and other rights subject to board's functions and powers
   183.    Water management authorisation is not personal property for the purposes of Commonwealth Act
   184.    Law governing decisions under this Part

   PART 9--Control of animals and plants Division 1--Preliminary

   185.    Preliminary Division 2--Control provisions Subdivision 1--Specific controls
   186.    Movement of animals or plants
   187.    Possession of animals or plants
   188.    Sale of animals or plants, or produce or goods carrying animals or plants
   189.    Offence to release animals or plants
   190.    Notification of presence of animals or plants
   191.    Requirement to confine certain animals or plants
   192.    Owner of land to take action to destroy or control animals or plants
   193.    Action orders
   194.    Boards may recover certain costs from owners of land adjoining road reserves
   195.    Destruction or control of animals outside the dog fence by poison and traps
   196.    Ability of Minister to control or quarantine any animal or plant Subdivision 2--Permits
   197.    Permits Subdivision 3--Related matters
   198.    Animal-proof fences
   199.    Offence to damage certain fences
   200.    Offence to leave gates open
   201.    Protection of certain vegetation and habitats

   PART 10--Enforcement Division 1--Authorised officers

   202.    Authorised officers
   203.    Identity cards
   204.    Powers of authorised officers
   205.    Provisions relating to seizure
   206.    Hindering etc persons engaged in the administration of this Act Division 2--Civil remedies Subdivision 1--Orders issued by landscape boards
   207.    Protection orders
   208.    Action on non-compliance with a protection order
   209.    Reparation orders
   210.    Action on non-compliance with a reparation order
   211.    Reparation authorisations
   212.    Related matter
   213.    Registration
   214.    Effect of charge Subdivision 2--Orders made by ERD Court
   215.    Orders made by ERD Court

   PART 11--Appeals

   216.    Right of appeal
   217.    Operation and implementation of decisions or orders subject to appeal
   218.    Powers of Court on determination of appeals

   PART 12--Management agreements

   219.    Management agreements

   PART 13--Miscellaneous

   220.    Avoidance of duplication of procedures etc
   221.    Native title
   222.    Service of notices or other documents
   223.    Publication of notices by Minister
   224.    Money due to Minister
   225.    Compulsory acquisition of land
   226.    Compensation
   227.    Immunity from liability
   228.    Vicarious liability
   229.    False or misleading information
   230.    Interference with works or other property
   231.    Criminal jurisdiction of Court
   232.    Proceedings for offences
   233.    General defence
   234.    Offences by bodies corporate
   235.    Additional orders on conviction
   236.    Continuing offence
   237.    Constitution of Environment, Resources and Development Court
   238.    Evidentiary
   239.    Determination of costs and expenses
   240.    Minister may apply assumptions and other information
   241.    Landscape Scheme Register
   242.    Confidentiality
   243.    Damage caused by non-compliance with a notice etc
   244.    Recovery of technical costs associated with contraventions
   245.    Delegation by Chief Executive
   246.    Incorporation of codes and standards
   247.    Exemption from Act
   248.    Regulations
   249.    Review of Act
           SCHEDULE 1--Regulations
           SCHEDULE 2--Activities control policies
           SCHEDULE 3--Classes of wells in relation to which a permit is not required
           SCHEDULE 4--The Water Register
           SCHEDULE 5--Related amendments, repeals and transitional provisions
           Legislative history


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