Native Vegetation Act 1991

Subject to this section, in deciding whether to consent to an application to clear native vegetation, the Council—

must have regard to the principles of clearance of native vegetation so far as they are relevant to that decision; and

must not make a decision that is seriously at variance with those principles.

When determining an application to clear native vegetation in order to facilitate the management of other native vegetation, the Council must, in exercising its limited discretion under subsection (1), have regard to the applicant's desire to facilitate the management of that other vegetation.

When determining an application to clear native vegetation that is growing or is situated on land that forms part of a property that is used for the business of primary production, the Council must, in exercising its limited discretion under subsection (1), have regard to the applicant's desire to operate the business as efficiently as possible.

The

the vegetation comprises one or more isolated plants; and

the applicant is engaged in the business of primary production; and

in the opinion of the Council, the retention of that plant, or those plants, would put the applicant to unreasonable expense in carrying on that business or would result in an unreasonable reduction of potential income from that business.

The

the

the

that a significant environmental benefit, which outweighs the value of retaining the vegetation, is to be achieved through the imposition of conditions and the taking of other action by the applicant; and

that the particular circumstances justify the giving of consent.

The

—

a significant environmental benefit, which outweighs the value of retaining the vegetation, has been achieved and credited to the applicant under section 25A, or assigned to the applicant under section 25B;

a significant environmental benefit, which outweighs the value of retaining the vegetation, has been, or is to be, achieved by an accredited third party provider in accordance with section 25C;

a significant environmental benefit, which outweighs the value of retaining the vegetation, has been, or is to be, achieved by or on behalf of the applicant, having regard to the combined value of—

the value of any environmental benefit credited to the applicant under section 25A, or assigned to the applicant under section 25B;

the value of any environmental benefit that has been, or is to be, achieved by an accredited third party provider in accordance with section 25C;

the value of any environmental benefit to be achieved through the imposition of conditions and the taking of other action by the applicant; and

that the particular circumstances justify the giving of consent.

The

Where native vegetation that is the subject of an application for the

Where the Pastoral Board has been consulted by the Council under subsection (6), the board may request the owner of the land to submit to it a property plan under the Pastoral

Section

If an application for the Council's consent relates to native vegetation within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all such consents), the Council must, before giving its consent—

consult the Minister to whom the administration of the River

comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then it be subject to conditions specified by the Minister).

If an application for the Council’s consent relates to native vegetation, other than mangroves, within the Adelaide Dolphin

If an application for the Council's consent relates to mangroves (Avicennia marina) within the Adelaide Dolphin Sanctuary, the Council must, before giving its consent—

consult with the Minister for the Adelaide Dolphin Sanctuary; and

comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then it be subject to conditions specified by the Minister).

In addition to the other requirements for consultation under this section—

the

the

Subject to subsection (12), the Council may give its consent to clearance of native vegetation under this section if, and only if—

—

it attaches to the consent a condition requiring the applicant to establish and manage native vegetation on land specified by the

the

—

it attaches to the consent a condition requiring the applicant to protect native vegetation growing or situated on land specified by the Council by erecting, improving or maintaining a fence or other barrier on the boundary of the land or on the boundary of land that includes the land to be protected to the specifications included in the condition by the Council so as to prevent livestock or other animals from entering the land; and

the

—

it attaches to the consent a condition requiring the applicant to enter into a heritage agreement under this Act with respect to specified native vegetation; and

the

in a case where section 28(4) applies, it attaches to the consent a condition requiring the applicant to make a payment into the Fund of an amount considered by the Council to be sufficient to achieve a significant environmental benefit in the manner contemplated by section 21(6).

A consent to clearance of native vegetation under this section may be unconditional if, and only if, the Council is satisfied that—

the clearance would not result in any loss of biodiversity; and

the attachment of a condition to the consent under subsection (11) would place an unreasonable burden on the applicant.

Subsections (11) and (12) do not apply in relation to a consent to which subsection (4b)(a)(i),

or (iii) applies.

The

Consent to undertake clearance under this Division remains in force for two years or for such longer period as the Council may fix at the time of granting consent or subsequently on application by a person who has the benefit of the consent.

An applicant for consent under this Division may appear before the

Where the Council refuses an application in whole or in part or attaches conditions to its consent, it must provide the applicant with a written statement of the reasons for its decision.

The provisions of this section also apply to circumstances where the