(1) The Council has
the following functions:
(a) to
keep the condition of the native vegetation of the State under review; and
(b) to
advise the Minister in relation to—
(i)
the preservation, enhancement and management of existing
native vegetation; and
(ii)
the re-establishment of native vegetation on land where
native vegetation has been cleared or degraded; and
(iii)
research into the preservation, enhancement and
management of native vegetation and the re-establishment of native vegetation
on cleared land; and
(c) to
keep the principles of clearance of native vegetation under review and to
advise the Minister of any changes to the principles that it considers are
necessary or desirable; and
(d) to
determine applications for consent to clear native vegetation under Part 5;
and
(da) to
assess and respond to applications referred to the Council under the
Planning, Development and Infrastructure Act 2016 ; and
(e) to
encourage research into the preservation, enhancement and management of
existing native vegetation; and
(f) to
encourage the re-establishment of native vegetation on land from which
native vegetation has been cleared; and
(g) to
administer the Fund pursuant to Division 3; and
(h) such
other functions as are assigned to the Council under this or any other Act.
(2) The Council, in
performing a function, or exercising a power, under this Act—
(a) must
take into account, and seek to further, the objects of this Act; and
(b) must
take into account, and seek to further, the principles of
clearance of native vegetation (insofar as they are relevant in the particular
circumstances); and
(c) must
take into account the provisions of the State Landscape Strategy, and any
other relevant regional landscape plan, under the Landscape South Australia
Act 2019 ,
and, in any event, must not act in a manner that is seriously at variance with
the principles of clearance of native vegetation.
(3) If the Council has
reason to believe that a person may have acted in contravention of this Act,
the Council should investigate the matter as expeditiously as possible.