South Australian Current Acts South Australian Current Acts26—Offence of clearing native vegetation contrary to this Part
(1) A person must not
clear native vegetation unless the clearance is in accordance with this Part.
Maximum penalty: A sum calculated at the prescribed rate for each hectare (or
part of a hectare) of the land in relation to which the offence was committed
or $100 000, whichever is greater.
Expiation fee: $750.
(2) A person must not
contravene or fail to comply with a condition attached to a consent granted
under this Part.
Maximum penalty: A sum calculated at the prescribed rate for each hectare (or
part of a hectare) of the land in relation to which the offence was committed
or $100 000, whichever is greater.
Expiation fee: $750.
(2a) If a court
convicts a person—
(a) of
an offence against subsection (1); or
(b) of
an offence against subsection (2) where the effect of the contravention
of or failure to comply with the condition that constitutes the offence is
that native vegetation has been cleared without the consent of the Council,
the Council must, within the prescribed period, initiate civil proceedings
under Division 2 in order to require the offender to make good the breach of
this Act unless such proceedings have already been commenced, or an order has
already been made, under that Division in relation to the matter, or the
conviction is overturned on appeal.
(3) In this
section—
"land in relation to which the offence was committed" means—
(a) land
on which the vegetation is or was growing or is or was situated; and
(b) land
that has been, or will be, affected in any way (including by an increase in
its value) by reason of the commission of the offence;
"the prescribed period", in relation to the initiation of civil proceedings
against an offender, means—
(a) 6
months after the time within which the offender may appeal against the
relevant conviction; or
(b) if
an appeal is commenced—6 months after—
(i)
the appeal is dismissed, struck out or withdrawn; or
(ii)
any questions raised by the appeal have been finally
determined;
"the prescribed rate" means—
(a) the
amount (if any) per hectare by which the land in relation to which
the offence was committed has increased in value as a direct result of the
commission of the offence; or
(b)
$2 500,
whichever is the greater.
(4) In determining the
amount by which the value of land has increased as the result of the
commission of an offence under this section, no account may be taken of the
possibility that the establishment of vegetation on the cleared land may be
ordered under Division 2.