South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 74

74—State NRM Plan

        (1)         The Minister must prepare and maintain a plan to be called the State Natural Resources Management Plan .

        (2)         The State NRM Plan is to set out principles and policies for achieving the objects of this Act throughout the State.

        (3)         In connection with the operation of subsection (2) , the State NRM Plan must—

            (a)         —

                  (i)         assess the state and condition of the natural resources of the State; and

                  (ii)         identify existing and future risks of damage to, or degradation of, the natural resources of the State; and

                  (iii)         provide for monitoring and evaluating the state and condition of the natural resources of the State on an ongoing basis; and

            (b)         identify goals, set priorities and identify strategies with respect to the management of the natural resources of the State; and

            (c)         set out or adopt policies with respect to the protection of the environment and the interests of the community through the operation of this Act, including through the control of pest species of animals and plants; and

            (d)         promote the integrated management of natural resources; and

            (e)         include or address other matters prescribed by the regulations.

        (4)         The State NRM Plan must take into account the provisions of the Planning Strategy and may identify changes (if any) considered by the Minister to be desirable to the Planning Strategy.

        (6)         The Minister must review the State NRM Plan at least once in every 5 years.

        (7)         Subject to subsection (8) , the Minister may amend the State NRM Plan at any time.

        (8)         The Minister must, in relation to any proposal to create or amend the State NRM Plan—

            (a)         prepare a draft of the proposal; and

            (b)         take reasonable steps to consult with—

                  (i)         any Government Department or other agency (including a Commonwealth Department or agency) that has a direct interest in the matter; and

                  (ii)         each regional NRM board that has a direct interest in the matter; and

                  (iii)         peak bodies,

in relation to the proposal; and

            (c)         by public notice, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a period specified by the Minister.

        (9)         Subsection (8) does not apply in relation to an amendment that is being made—

            (a)         in order to ensure that the State NRM Plan is consistent with any plan, policy or strategy that—

                  (i)         has been prepared, adopted or applied under another Act; and

                  (ii)         falls within a class prescribed by the regulations for the purposes of this provision; or

            (b)         in order to ensure that the State NRM plan is consistent with any plan, policy or strategy relevant to addressing an urgent situation that has arisen in relation to the protection of any natural resource, or specific class of natural resources, or in order to support the taking of urgent action to safeguard the ecological, environmental, social or economic value of any natural resource, or specified class of natural resources; or

            (c)         in order to remove or replace information in the State NRM Plan that has been superseded by information that is more reliable or accurate; or

            (d)         in order to make a change of form (without altering the effect of an underlying policy reflected in the State NRM Plan); or

            (e)         in order to take action which is considered or accepted by the Minister to be—

                  (i)         addressing or removing irrelevant material or a duplication or inconsistency (without altering the effect of an underlying policy reflected in the State NRM Plan); or

                  (ii)         correcting an error.

        (10)         The State NRM Plan, and any amendment to the State NRM Plan (other than an amendment made under subsection (9) ), have no force or effect until adopted by the Minister.

        (11)         The Minister must—

            (a)         make reasonable provision for the publication of the State NRM Plan; and

            (b)         ensure that copies of the State NRM Plan are reasonably available for inspection (without charge) and purchase by the public at a place or places determined by the Minister; and

            (c)         ensure that public notice is given of any amendment to the State NRM Plan within a reasonable time after the amendment is made.

        (12)         The State NRM Plan is an expression of policy and does not in itself affect rights or liabilities (whether of a substantive, procedural or other nature).

        (13)         A failure of the Minister to comply with a requirement of this section cannot be taken to affect the validity of the State NRM plan, or any other plan or instrument under this Act.

        (14)         For the purposes of this section, the "peak bodies" are—

            (a)         the LGA; and

            (b)         local government bodies nominated by the LGA for the purposes of this section; and

            (c)         Primary Producers SA Incorporated; and

            (d)         the Conservation Council of South Australia; and

            (e)         any other bodies interested or involved in natural resources management recognised by the Minister as a peak body for the purposes of this section.