South Australian Numbered Acts
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LANDSCAPE SOUTH AUSTRALIA ACT 2019 (NO 33 OF 2019)
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary Division 1--Preliminary
1. Short title
2. Commencement
3. Interpretation
4. Interaction with other Acts
5. Territorial and extra-territorial operation of Act
6. Act binds Crown Division 2--Objects, principles and general statutory duties
7. Objects and principles
8. General statutory duties
PART 2--Administration Division 1--The Minister
9. Functions of Minister
10. Powers of delegation Division 2--Landscape regions and boards Subdivision 1--Establishment of regions
11. Establishment of regions
12. Green Adelaide Subdivision 2--Establishment of regional landscape boards
13. Establishment of boards
14. Corporate nature Subdivision 3--Membership of boards
15. Composition of boards
16. Qualifications for membership
17. Board elections
18. Conditions of membership
19. Allowances and expenses
20. Validity of acts
21. Conflict of interest under Public Sector (Honesty and Accountability) Act Subdivision 4--Procedures at meetings
22. Procedures at meetings
23. Meetings of boards to be held in public
24. Agenda and minutes of meetings open to public to be made available Subdivision 5--Functions of boards (general)
25. Functions of boards (general) Subdivision 6--Functions of Green Adelaide Board (additional provisions)
26. Green Adelaide Board (priority areas) Subdivision 7--Funding and grants
27. Funding support
28. Grassroots Grants Programs Subdivision 8--Powers of boards
29. General powers
30. Special powers to carry out works
31. Entry and occupation of land
32. Special vesting of infrastructure
33. Landscapes affecting activities control policies Subdivision 9--Staff
34. General manager
35. Staff Subdivision 10--Committees and other bodies
36. Committees and other bodies Subdivision 11--Power of delegation
37. Power of delegation Subdivision 12--Accounts, audit and reports
38. Accounts and audit
39. Annual reports
40. Specific reports Subdivision 13--Related matters
41. Use of facilities
42. Assignment of responsibility for infrastructure to another person or body
43. Appointment of administrator
PART 3--State Landscape Strategy
44. State Landscape Strategy
45. Related provisions
PART 4--Regional and water allocation plans Division 1--Regional landscape plans and business plans
46. Preparation of regional landscape plans
47. Key features of plan
48. Review of plan
49. Consultation associated with preparation of a plan or amendment
50. Approval of Minister
51. Annual business plan Division 2--Water allocation plans
52. Preparation of water allocation plans
53. Key features of plan
54. Review of plan
55. Consultation associated with preparation of a plan or amendment
56. Approval of Minister
57. Early adoption of plan Division 3--Related matters
58. Application of Division
59. Validity of plans
60. Promotion of River Murray legislation and IGA
61. Associated Ministerial consents
62. Amendment of plans without formal procedures
63. Plans may confer discretionary powers
64. Effect of declaration of invalidity
65. Time for preparation and review of plans
PART 5--Landscape and water levies Division 1--Levies in respect of land Subdivision 1--Council areas
66. Contributions by constituent councils
67. Payment of contributions by councils
68. Funds may be expended in subsequent years
69. Imposition of levy by councils
70. Costs of councils Subdivision 2--Outside council areas
71. Board may declare a levy
72. Liability and payment of levy Subdivision 3--Related provisions
73. Land across boundaries
74. Application of levy Division 2--Levies in respect of water
75. Interpretation
76. Declaration of levies
77. Liability for levy
78. Notice of liability for levy
79. Determination of quantity of water taken
80. Cancellation etc of entitlement for non-payment of levy
81. Costs associated with collection Division 3--Special provisions
82. Application of Division
83. Interest
84. Discounting levies
85. Recovery rights with respect to unpaid levy
86. Sale of land for non-payment of a levy Division 4--Related matters
87. Refund of levies
88. Declaration of penalty in relation to unauthorised or unlawful taking of water
89. Appropriation of levies, penalties and interest
PART 6--Statutory funds Division 1--The Landscape Administration Fund
90. The Landscape Administration Fund
91. Accounts
92. Audit Division 2--The Landscape Priorities Fund
93. The Landscape Priorities Fund
94. Accounts
95. Audit Division 3--Regional landscape board funds
96. Regional landscape board funds
PART 7--Management and protection of land
97. Interpretation
98. Special provisions relating to land
99. Requirement to implement action plan
PART 8--Management and protection of water resources Division 1--General rights in relation to water
100. Right to take water subject to certain requirements
101. Declaration of prescribed water resources Division 2--Control of activities affecting water Subdivision 1--Water affecting activities control policies
102. Water affecting activities control policies Subdivision 2--Determination of relevant authority
103. Determination of relevant authority Subdivision 3--Control of activities
104. Water affecting activities
105. Certain uses of water authorised
106. Activities not requiring a permit
107. Notice to rectify unauthorised activity
108. Notice to maintain watercourse or lake
109. Restrictions in case of inadequate supply or overuse of water
110. Specific duty with respect to damage to a watercourse or lake
111. Minister may direct removal of dam etc Subdivision 4--Permits
112. Permits
113. Requirement for notice of certain applications
114. Refusal of permit to drill well Subdivision 5--Provisions relating to wells
115. Well drillers' licences
116. Renewal of licence
117. Non-application of certain provisions
118. Defences
119. Obligation to maintain well
120. Requirement for remedial or other work Division 3--Licensing and associated rights and entitlements Subdivision 1--Water licences
121. Nature of water licences
122. Water licences--applications and matters to be considered
123. Issuing of water licences
124. Variation of water licences
125. Transfer of water licences
126. Surrender of water licences Subdivision 2--Allocation of water
127. Allocation of water
128. Issuing of water allocation
129. Water allocations--matters to be considered
130. Reduction of water allocation
131. Variation of water allocations
132. Transfer of water allocations
133. Surrender of water allocations Subdivision 3--Water resource works approvals
134. Water resource works approvals--applications and matters to be considered
135. Issuing of approvals
136. Variation of approvals
137. Notice provisions
138. Cancellation if works not constructed or used
139. Nature of approval
140. Expiry Subdivision 4--Site use approval
141. Site use approvals--applications and matters to be considered
142. Issuing of approvals
143. Variation of approvals
144. Notice provisions
145. Cancellation
146. Nature of approval
147. Expiry Subdivision 5--Delivery capacity entitlements
148. Delivery capacity entitlements--applications and matters to be considered
149. Issuing of delivery capacity entitlements
150. Delivery capacity entitlements to relate to point of extraction
151. Variation of delivery capacity entitlements
152. Transfer of delivery capacity entitlements
153. Surrender of delivery capacity entitlements Subdivision 6--Interstate agreements
154. Interstate agreements Subdivision 7--Related matters
155. Allocation on declaration of prescribed water resource
156. Schemes to promote the transfer or surrender of certain entitlements
157. Consequences of breach of water management authorisations
158. Effect of cancellation of water management authorisations Division 4--Reservation of excess water by Minister
159. Interpretation
160. Reservation of excess water in a water resource
161. Allocation of reserved water
162. Public notice of allocation of reserved water Division 5--Water conservation measures
163. Water conservation measures Division 6--Commercial forestry Subdivision 1--Preliminary
164. Interpretation
165. Declaration of forestry areas Subdivision 2--Licences
166. Forest water licences
167. Allocation of water
168. Variations--allocations
169. Transfer of allocations
170. Conditions
171. Variations--conditions
172. Establishment of licence on declaration of areas
173. Surrender of licences
174. Cancellation of licences Subdivision 3--Offences
175. Offences Division 7--Interaction with Irrigation Acts
176. Interaction with Irrigation Act 2009
177. Interaction with Renmark Irrigation Trust Act 2009 Division 8--Related matters
178. Effect of water use on ecosystems
179. Activities relating to Murray-Darling Basin
180. Consultation with Minister responsible for River Murray Act 2003
181. Representations by SA Water
182. Water recovery and other rights subject to board's functions and powers
183. Water management authorisation is not personal property for the purposes of Commonwealth Act
184. Law governing decisions under this Part
PART 9--Control of animals and plants Division 1--Preliminary
185. Preliminary Division 2--Control provisions Subdivision 1--Specific controls
186. Movement of animals or plants
187. Possession of animals or plants
188. Sale of animals or plants, or produce or goods carrying animals or plants
189. Offence to release animals or plants
190. Notification of presence of animals or plants
191. Requirement to confine certain animals or plants
192. Owner of land to take action to destroy or control animals or plants
193. Action orders
194. Boards may recover certain costs from owners of land adjoining road reserves
195. Destruction or control of animals outside the dog fence by poison and traps
196. Ability of Minister to control or quarantine any animal or plant Subdivision 2--Permits
197. Permits Subdivision 3--Related matters
198. Animal-proof fences
199. Offence to damage certain fences
200. Offence to leave gates open
201. Protection of certain vegetation and habitats
PART 10--Enforcement Division 1--Authorised officers
202. Authorised officers
203. Identity cards
204. Powers of authorised officers
205. Provisions relating to seizure
206. Hindering etc persons engaged in the administration of this Act Division 2--Civil remedies Subdivision 1--Orders issued by landscape boards
207. Protection orders
208. Action on non-compliance with a protection order
209. Reparation orders
210. Action on non-compliance with a reparation order
211. Reparation authorisations
212. Related matter
213. Registration
214. Effect of charge Subdivision 2--Orders made by ERD Court
215. Orders made by ERD Court
PART 11--Appeals
216. Right of appeal
217. Operation and implementation of decisions or orders subject to appeal
218. Powers of Court on determination of appeals
PART 12--Management agreements
219. Management agreements
PART 13--Miscellaneous
220. Avoidance of duplication of procedures etc
221. Native title
222. Service of notices or other documents
223. Publication of notices by Minister
224. Money due to Minister
225. Compulsory acquisition of land
226. Compensation
227. Immunity from liability
228. Vicarious liability
229. False or misleading information
230. Interference with works or other property
231. Criminal jurisdiction of Court
232. Proceedings for offences
233. General defence
234. Offences by bodies corporate
235. Additional orders on conviction
236. Continuing offence
237. Constitution of Environment, Resources and Development Court
238. Evidentiary
239. Determination of costs and expenses
240. Minister may apply assumptions and other information
241. Landscape Scheme Register
242. Confidentiality
243. Damage caused by non-compliance with a notice etc
244. Recovery of technical costs associated with contraventions
245. Delegation by Chief Executive
246. Incorporation of codes and standards
247. Exemption from Act
248. Regulations
249. Review of Act
SCHEDULE 1--Regulations
SCHEDULE 2--Activities control policies
SCHEDULE 3--Classes of wells in relation to which a permit is not required
SCHEDULE 4--The Water Register
SCHEDULE 5--Related amendments, repeals and transitional provisions
Legislative history
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