South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 81

81—Review and amendment of plans

        (1)         A regional NRM board may initiate procedures to amend a plan at any time but in any event must review its business plan—

            (a)         at any time the board is proposing an increase in the amount to be raised by way of levy (being an increase not contemplated by the current plan); and

            (b)         without limiting paragraph (a) , at least once every 3 years.

        (3)         A board may also, in connection with the review of its business plan required under subsection (1) , propose amendments (if any) that are required for consistency with the State NRM Plan and may, as it thinks fit, propose such other amendments to the plan that the board considers to be necessary or desirable in the circumstances.

        (4)         A regional NRM board must review its entire regional NRM plan at least once during each period of 10 years following adoption of the plan.

        (6)         Subject to subsections (7) and (9) and to Division 4 , the procedures prescribed by or under this Division for the preparation and adoption of the original plan must be followed when a plan is amended under this section.

        (7)         Subject to subsections (10) and (11), if the only amendments to a regional NRM plan are within the ambit of subsection (8) , it is not necessary to follow the procedures referred to in subsection (6) if—

            (a)         a board—

                  (i)         publishes a summary of the proposed amendments, as well as a notice inviting members of the public to provide it with written submissions in relation to the proposed amendments within a specified period (being a period of at least 21 days), on its website and in such other manner as the board may determine; and

                  (ii)         in a case where an amendment proposes that funds should include an amount to be recovered by a levy under Chapter 5 Part 1 Division 1 —takes reasonable steps to consult with any constituent council in relation to the proposed amendment within a specified period (being a period of at least 21 days); and

            (b)         the board forwards copies of any submissions received by it during the specified period to the Minister; and

            (c)         the Minister has regard to those submissions before adopting the amendment.

        (8)         The following amendments are within the ambit of this subsection:

            (a)         amendments to the information included in a plan under section 75(3)(a) ;

            (b)         amendments to a plan that relate to a matter included in a plan under section 75(3)(h) , (i), (j) or (k) (including a proposal for the payment of an amount or the imposition of a levy under Chapter 5 );

            (c)         without limiting a preceding paragraph, amendments to include new, additional or increased expenditure on a program or programs to address salinity levels at a particular place or within a particular area, and any associated amendments that relate to the imposition of a levy under Chapter 5 ;

            (d)         without limiting a preceding paragraph, amendments to address an urgent situation that has arisen in relation to the protection of any natural resource, or specific class of natural resources, within the region, or a part of the region, or in order to take urgent action to safeguard the ecological, environmental, social or economic value of any such natural resource or class of natural resources;

            (e)         amendments of a class prescribed by the regulations.

        (9)         The regulations may modify or exclude any of the procedures referred to in subsection (6) for the purposes of considering and making amendments to a plan.

        (10)         If—

            (a)         an amendment proposes—

                  (i)         that funds should now comprise or include an amount to be raised or recovered by a levy under Chapter 5 Part 1 Division 1 or Division 2 ; and

                  (ii)         such a levy has not been imposed in the financial year immediately preceding the financial year in which the levy is to be imposed; or

            (b)         an amendment proposes—

                  (i)         that a levy under Chapter 5 Part 1 Division 1 or Division 2 imposed in one financial year be again imposed in the next financial year; and

                  (ii)         that the amount to be raised or recovered by the levy in the next financial year will be an amount that exceeds the amount raised for the last financial year adjusted to reflect increases (if any) in the CPI during the financial year immediately preceding that last financial year,

the procedures set out in section 80(8) to (16) must be followed when the plan is amended (and if the amendment is otherwise within the ambit of subsection (8) then no other procedures, other than the procedures set out in subsection (7) and the procedures referred to in this subsection, need be followed).

        (11)         A regulation under subsection (8)(e) must not relate to the amendment of a water allocation plan.

        (12)         The Minister may adopt an amendment to a regional NRM plan under subsection (7) with or without amendment.

        (13)         If the Minister adopts an amendment with an amendment, the Minister must give a copy of the amendment as amended to the board and to each constituent council.

        (14)         If the Minister adopts an amendment (with or without amendment) under subsection (7) , the Minister must furnish a copy of the amendment to the Natural Resources Committee of the Parliament.