Native Vegetation Act 1991

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

This

Act applies in those parts of the Hundreds of Adelaide, Munno Para,

Noarlunga and Yatala—

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

that are to the east of the Hills Face Zone; or

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.

This

Act applies to the whole of the area of the City of Onkaparinga.

This

Act applies in that part of the City of Mitcham consisting of the following suburbs:

Belair;

Bellevue

Heights;

Blackwood;

Coromandel

Valley;

Craigburn

Farm;

Eden

Hills;

Glenalta;

Hawthorndene.

This

Act applies—

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

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;

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.

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

—

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

the

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

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

the

Environment, Resources and Development Committee of the Parliament;

and

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

—

the

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

and

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

The

Governor may, by regulation, exclude any other part or parts of the

State from the operation of this Act.