Interpretation

In force

(1)

In this Act, unless the contrary intention appears—

Adelaide

Dolphin Sanctuary has the same meaning as in the Adelaide

Dolphin Sanctuary Act 2005;

biological diversity or biodiversity means the variety of life forms represented by plants, animals and other organisms and micro-organisms, the genes that they contain, and the ecosystems and ecosystem processes of which they form a

part;

breach of this Act means a contravention of, or a failure to comply with, a provision of this Act and includes a contravention of, or a failure to comply with, a term of a heritage agreement;

building includes a structure that is fixed to land;

to clear native vegetation includes to cause or permit the clearance of native vegetation;

clearance, in relation to native vegetation, means—

(a)

the killing or destruction of native vegetation;

(b)

the removal of native vegetation;

(c)

the severing of branches, limbs, stems or trunks of native vegetation;

(d)

the burning of native vegetation;

(e)

any other substantial damage to native vegetation, and includes the draining or flooding of land, or any other act or activity, that causes the killing or destruction of native vegetation, the severing of branches, limbs, stems or trunks of native vegetation or any other substantial damage to native vegetation;

the

Council means the Native Vegetation Council established by this Act;

ERD

Court means the Environment, Resources and Development Court;

the

Fund means the Native Vegetation Fund established by this Act;

isolated plant—see subsections (2) and (3);

land includes—

(a)

land submerged by water; and

(b)

an interest in land;

landscape management region means a landscape management region established under the Landscape

South Australia Act 2019;

local council means a municipal or district council;

member means a member of the Council;

Minister for the Adelaide Dolphin Sanctuary means the Minister to whom the administration of the Adelaide

Dolphin Sanctuary Act 2005 is committed;

Murray-Darling

Basin has the same meaning as in the Murray-Darling

Basin Act 1993;

native vegetation means a plant or plants of a species indigenous to South Australia including a plant or plants growing in or under waters of the sea but does not include—

(a)

a plant or part of a plant that is dead unless the plant, or part of the plant, is of a class declared by regulation to be included in this definition; or

(b)

a plant intentionally sown or planted by a person unless the plant was sown or planted—

(i)

in compliance with a condition imposed by the Council under this Act or by the Native Vegetation Authority under the repealed Act, or with the order of a court under this Act or the repealed Act; or

(ii)

in pursuance of a proposal approved by the Council under Part

4 Division 2; or

(iia)

in circumstances involving the use of money paid into the Fund for the purpose of achieving a significant environmental benefit; or

(iii)

in compliance with a condition imposed by a Minister, statutory authority or prescribed person or body under—

(A)

the

River

Murray Act 2003;

(B)

the

Water

Resources Act 1997;

(C)

any other Act prescribed by the regulations for the purposes of this paragraph;

owner of land means—

(a)

in relation to land alienated from the Crown by grant in fee simple—the holder of the fee simple;

(ab)

in relation to dedicated land within the meaning of the Crown

Lands Act 1929 that has not been granted in fee simple but which is under the care, control and management of a Minister, local council or other body or person—the Minister, council or other body or person;

(b)

in relation to land held under Crown lease—the lessee;

(c)

in relation to land held under an agreement to purchase from the

Crown—the person entitled to the benefit of the agreement;

(d)

in relation to any other land—the Minister who is responsible for the care, control and management of the land or, if no Minister is responsible for the land, the Minister for Environment and

Conservation;

pastoral land means land comprised in a lease granted under the Pastoral

Land Management and Conservation Act 1989 over Crown land for the pasturing of stock and other ancillary purposes;

principles of clearance of native vegetation means principles set out in Schedule

1 to which the Council must have regard when determining an application for consent to clear native vegetation;

the repealed Act means the Native

Vegetation Management Act 1985 repealed by this Act;

River

Murray Protection Area means a River Murray Protection Area under the River

Murray Act 2003;

waters of the sea includes any water that is subject to the ebb and flow of the tide.

(2)

A plant will be taken to be an isolated plant if—

(a)

it is at least one metre in height; and

(b)

there is no other plant comprising native vegetation that is 200 millimetres or more in height within 50 metres of it.

(3)

Each plant of a group of two or three plants or of a group of plants that is the subject of a determination by the Council under subsection (4) will be taken to be an isolated plant if it would be an isolated plant under subsection (2) except for its proximity to another plant, or other plants, in the group.

(4)

The

Council may, where in its opinion the circumstances of a particular case justify a determination under this subsection, determine that each plant of a group of four or more plants will be taken to be an isolated plant.

(5)

A determination under subsection (4) must be agreed to by all the members of the Council present at the meeting at which it is made.

(6)

The distance between two plants for the purposes of subsection (2) will be taken to be the distance between those parts of the plants that are above ground level and are closest to each other.

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3 Interpretation