South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 122

122—Special provisions relating to land

        (1)         Subject to this section, if a relevant authority considers—

            (a)         that an owner of land has been, is, or is likely to be, in breach of the general statutory duty on account of land management practices or activities undertaken in relation to land for which the owner is responsible; and

            (b)         that those practices or activities have resulted in, or could reasonably be expected to result in, unreasonable degradation of land or an unreasonable risk of degradation of land,

the relevant authority may require the owner to prepare an "action plan in accordance with the requirements of this Chapter.

        (2)         Before taking action under subsection (1) , the relevant authority must consider—

            (a)         any relevant provisions of the regional NRM plan; and

            (b)         the extent to which a practice or activity has been authorised under another Act, or is being, or will be, undertaken in connection with an activity authorised under another Act; and

            (c)         any factors prescribed by the regulations.

        (3)         Furthermore, a relevant authority should take reasonable steps to attempt to resolve a matter with an owner of land, on the basis of the owner taking voluntary action to address a breach (or potential breach) of the general statutory duty in a manner acceptable to the relevant authority, before proceeding to the imposition of a requirement to prepare an action plan under this Chapter.

        (4)         Action should not be taken under this section in relation to—

            (a)         an activity that a person is required to take under another provision of this Act; or

            (b)         an activity that is required or authorised by—

                  (i)         an environment protection policy, an environment protection order, an environmental authorisation or a clean—up order under the Environment Protection Act 1993 ; or

                  (ii)         a protection order, a reparation order or a reparation authorisation under the River Murray Act 2003 ; or

            (c)         an activity that is required to implement an approved property plan under the Pastoral Land Management and Conservation Act 1989 ; or

            (d)         an activity that is required to comply with a notice under section 43 of the Pastoral Land Management and Conservation Act 1989 ; or

            (e)         an activity that is required to comply with a requirement under the Fire and Emergency Services Act 2005 ; or

            (f)         an activity undertaken in circumstances prescribed by the regulations.