27—Clearance of native vegetation
(1) Subject to any
other Act or law to the contrary—
(a)
native vegetation may, subject to this section, be cleared with the consent of
the Council given in accordance with section 29;
(b)
native vegetation may, subject to subsection (5)(b), be cleared—
(i)
if the vegetation is of a prescribed class; or
(ii)
in prescribed circumstances;
(c)
native vegetation may, subject to subsection (5)(c), be cleared without
any other restriction under this Act if the clearance falls within the ambit
of subsection (4a).
(2) Subject to
subsection (3), the Council cannot give its consent to the clearance of
native vegetation under subsection (1)(a) if the vegetation comprises or
forms part of a stratum of native vegetation that is substantially intact (see
section 3A).
(3) The Council may,
despite subsection (2) but subject to the other requirements of this
Division, give its consent to the harvesting of native vegetation if, in its
opinion, the harvesting will not result in any lasting damage to the plants
comprising the vegetation, lead to significant soil damage or erosion, or
result in any long-term loss of biodiversity.
(4) The Council may
give its consent under subsection (3) subject to such conditions (if any)
as the Council thinks fit to impose.
(4a) The clearance of
native vegetation falls within the ambit of this subsection if—
(a) the
clearance occurs in the course of clearing vegetation by the process commonly
known as a cold burn (being a cold burn conducted in accordance with any
relevant guidelines adopted by the Council under section 25); or
(b) the
clearance is authorised by the relevant Chief Officer under
subsection (4b).
(4b) The relevant
Chief Officer may authorise the clearance of native vegetation under this
subsection if the Chief Officer considers—
(a) that
the clearance is reasonably necessary and appropriate for the purpose of
protecting the life, health or safety of any person from a serious risk of
bushfire after taking into account any guidelines developed by the Council
after consultation with the Chief Officer of SACFS and the Chief Officer of
SAMFS; and
(b) that
it is appropriate to proceed under this subsection rather than the other
provisions of this Act due to the circumstances of the particular case.
(a) give
an authorisation under subsection (4b) subject to such conditions (if
any) as the Chief Officer thinks fit to impose; and
(b) vary
or revoke an authorisation under subsection (4b) due to a change in
circumstances.
(4d) A Chief Officer
may only delegate a power under subsection (4b) or (4c) to a Deputy
Chief Officer or Assistant Chief Officer of the relevant service.
(5) Native vegetation
that is growing or is situated on land that is subject to a heritage agreement
under this Act, a heritage agreement that was entered into in compliance with
a condition of consent to clear native vegetation under the repealed Act or a
management agreement under section 25D cannot be cleared—
(a)
under subsection (1)(a) unless the Minister has also given his or her
consent to the clearance;
(b)
under subsection (1)(b) unless a regulation prescribing a class of
vegetation under paragraph (b)(i) or circumstances under
paragraph (b)(ii) explicitly extends its operation to vegetation on land
that is subject to such an agreement.
(6) If the Minister
attaches conditions to his or her consent under subsection (5)(a),
the Council's consent to the clearance will be taken to be subject to the same
conditions, in addition to any other conditions imposed by the Council.
(7) In this
section—
"Chief Officer" means a Chief Officer of SACFS or a Chief Officer of SAMFS (as
the case requires) and includes a person for the time being acting in the
relevant office;
"fire-control purposes"—these are purposes associated with preventing or
controlling the spread of fires or potential fires;
"relevant Chief Officer", in relation to an authorisation under
subsection (4b), means—
(a) if
the relevant land is in a fire district established for the purposes of
SAMFS—the Chief Officer of SAMFS;
(b) in
any other case—the Chief Officer of SACFS;
"SACFS" means the South Australian Country Fire Service;
"SAMFS" means the South Australian Metropolitan Fire Service.