South Australian Current Acts

NATIVE VEGETATION ACT 1991 - SECT 4

4—Application of Act

        (1)         Subject to this section, this Act applies to the whole of the State.

        (2)         This Act applies in those parts of the Hundreds of Adelaide, Munno Para, Noarlunga and Yatala—

            (a)         that are within the zone designated as the Metropolitan Open Space System or Hills Face Zone by the Planning and Design Code under the Planning, Development and Infrastructure Act 2016 ; or

            (b)         that are to the east of the Hills Face Zone; or

            (c)         that are within an area prescribed by regulation for the purposes of this subsection,

but does not, subject to subsections (2a) and (2ab), apply in any other part of those Hundreds.

        (2a)         This Act applies to the whole of the area of the City of Onkaparinga.

        (2ab)         This Act applies in that part of the City of Mitcham consisting of the following suburbs:

            (a)         Belair;

            (b)         Bellevue Heights;

            (c)         Blackwood;

            (d)         Coromandel Valley;

            (e)         Craigburn Farm;

            (f)         Eden Hills;

            (g)         Glenalta;

            (h)         Hawthorndene.

        (2b)         This Act applies—

            (a)         in that part of the Hundred of Port Adelaide bounded on the east by the western boundary of Port Wakefield Road and on the south by the northern boundary of the area of the Corporation of the City of Salisbury; and

            (b)         in that part of the area of the Corporation of the City of Salisbury bounded on the east by the western boundary of Port Wakefield Road;

            (c)         in any other part of the Hundred of Port Adelaide prescribed by regulation for the purposes of this subsection,

but does not apply in any other part of the Hundred of Port Adelaide.

        (2c)         However, the Governor should not make a regulation under subsection (2) or (2b) unless—

            (a)         —

                  (i)         the Governor considers that the regulation should be made in order to enhance the preservation or management of an area that includes significant native vegetation, or in order to assist in the provision of a significant environmental benefit in a particular respect; and

                  (ii)         the Governor is satisfied that the Minister has taken reasonable steps to consult with—

                        (A)         any local council whose area includes any part of the area to which the regulation relates; and

                        (B)         the Environment, Resources and Development Committee of the Parliament; and

                        (C)         any member of the House of Assembly whose electoral district includes any part of the area to which the regulation relates,

about the proposal to make the regulation; or

            (b)         —

                  (i)         the Governor considers that the regulation should be made as an interim measure pending consultation under paragraph (a); and

                  (ii)         the regulation is expressed to expire not more than two months after the day on which it is made.

        (3)         The Governor may, by regulation, exclude any other part or parts of the State from the operation of this Act.