{"id":"native-vegetation-regulations-2017","name":"Native Vegetation Regulations 2017","slug":"native-vegetation-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236209,"registerId":"sa-native-vegetation-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Native Vegetation Regulations 2017","content":"South Australia\nNative Vegetation Regulations 2017\nunder the Native Vegetation Act 1991\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tDefinition of native vegetation—dead plants\n4A\tApplication of Act\n5\tMitigation hierarchy\nPart 2—Guidelines\n6\tGuidelines to be prepared by Council\nPart 3—Permitted clearance of native vegetation\nDivision 1—Permitted clearance\n7\tPermitted clearance\nDivision 2—Permitted clearance without conditions\n8\tPermitted clearance without conditions\nDivision 3—Fire hazard reduction\n9\tClearance for fire hazard reduction\n10\tApproval by Chief Officer\nDivision 4—Vegetation management\n11\tVegetation management (management plans)\nDivision 5—Risk assessment\n12\tRisk assessment\n13\tClearance for major developments and projects\n14\tClearance for mining and petroleum activities\n15\tClearance for exploratory operations\n16\tClearance for other activities\n17\tRisk to biological diversity to be considered by Council\nDivision 6—Miscellaneous\n18\tCouncil approval\n19\tMatters to be considered by Council\n20\tSignificant environmental benefit\n21\tTime within which permitted clearance must be undertaken\n22\tConditions of approval\nPart 4—Clearance on certain land\n23\tClearance on SA Motorsport Park land\n23A\tClearance on Yoorndoo Ilga Solar Project area land\nPart 5—Application for consent\n24\tApplication for consent\nPart 6—Miscellaneous\n25\tInterest\n26\tPrescribed form (section 33C(8) of Act)\n27\tService of notices\n28\tFalse or misleading information\nSchedule A1—Application of Act\nPart 1—Hundreds of Adelaide, Munno Para, Noarlunga and Yatala\nPart 2—Hundred of Port Adelaide\nSchedule 1—Prescribed circumstances in which native vegetation may be cleared (section 27(1)(b) of Act)\nPart 1—General (regulation 8)\nDivision 1—Permitted clearance where notification not required\n1\tVegetation within 10 metres of existing building\n2\tMaintenance of infrastructure\n3\tMaintenance of dam\n4\tClearance under the Electricity Act 1996 or Emergency Management Act 2004\n5\tOngoing grazing practices\n6\tSafety of persons and property\n7\tWalking tracks\n8\tCultural activities\n9\tRegrowth\n10\tFirewood\n11\tTaking of seeds and specimens\n12\tCultana training area\nDivision 2—Permitted clearance where notification required\n13\tVehicle tracks\n14\tFences\n15\tPlant and animal control\n16\tNative vegetation causing natural resource management problems\nPart 2—CFS approval—fire hazard reduction\nDivision 1—Fire hazard reduction 1 (regulation 9(1))\n17\tFire prevention and control\n18\tClearance for the purposes of the Fire and Emergency Services Act 2005\nDivision 2—Fire hazard reduction 2 (regulation 9(2))\n19\tFire prevention and control (large trees)\n20\tFuel reduction\n21\tFuel breaks\n22\tFire access tracks\nPart 3—Management plans—vegetation management (regulation 11)\n23\tRoadside or rail corridor vegetation management\n24\tMaintenance of existing agriculture, forestry or farming\n25\tEcological restoration and management of vegetation\n26\tGrazing of domestic stock\nPart 4—Major developments and projects under Development Act 1993 (regulation 12)\n27\tMajor projects\nPart 5—Mining and petroleum activities (regulation 12)\nDivision 1—Mining operations\n28\tOperations\nDivision 2—Exploratory activity\n29\tExploration\nDivision 3—Mining operations approved before 2003\n30\tMining operations approved before 2003\nDivision 4—Private mines\n31\tMining operations at private mines\nPart 6—Other activities (regulation 12)\n32\tWorks on behalf of Commissioner of Highways\n33\tNew dwelling or building\n34\tInfrastructure\n35\tResidential subdivision\n36\tRecreation track\n37\tCommercial vehicle access track exceeding 5 metres\n38\tNew dam and expansion of dam\nSchedule 2—SA Motorsport Park map\nSchedule 2A—Yoorndoo Ilga Solar Project map\nSchedule 3—Notice under section 33C(8) of Act\nSchedule 4—Transitional provisions\nPart 2—Transitional provisions\n2\tTransitional provision\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Native Vegetation Regulations 2017.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Native Vegetation Act 1991;\napproved form means a form approved by the Council;\nbuilding means a building or structure that is permanently fixed to land so that it cannot be moved without dismantling or destroying it and—\n\t(a)\tincludes a transportable building if the building is connected to a sewage system or a septic tank and then is not moved after it is first connected to that sewage system or septic tank; but\n\t(b)\tdoes not include a building or structure erected or placed on land in contravention of the Development Act 1993 or a corresponding previous enactment;\nbushfire management plan means—\n\t(a)\ta plan prepared by a bushfire management committee for its bushfire management area as required under section 72B of the Fire and Emergency Services Act 2005; or\n\t(b)\ta plan for bushfire prevention prepared by a district bushfire prevention committee under the Fire and Emergency Services Act 2005, as in force from time to time; or\n\t(c)\tanother plan for the management of bushfires approved by the Council or developed in accordance with a standard operating procedure determined or approved by the Council for the purposes of this definition;\nDevelopment Plan means a Development Plan under the Development Act 1993;\ndwelling means a building or part of a building used as a self‑contained residence;\nfence means a fence consisting of posts and wire fixed permanently to land and designed for the purpose of controlling access by people or the movement of animals;\nheritage agreement means a heritage agreement under the Act or a heritage agreement that was entered into in compliance with a condition of consent to clear native vegetation under the repealed Act;\ninfrastructure means—\n\t(a)\tthe infrastructure, equipment, structures, works and other facilities used in or in connection with the supply of water or electricity, gas or other forms of energy, the provision of telecommunications, or the drainage, removal or treatment of waste water or sewage; or\n\t(b)\troads and their supporting structures or works; or\n\t(c)\tports, wharfs, jetties, railways, trams and busways;\nmanagement agreement means a management agreement under section 25D of the Act;\nMining Act means the Mining Act 1971, the Opal Mining Act 1995, the Petroleum and Geothermal Energy Act 2000, the Offshore Minerals Act 2000 or the Roxby Downs (Indenture Ratification) Act 1982;\nmitigation hierarchy—see regulation 5;\nnatural resources has the same meaning as in the Natural Resources Management Act 2004;\nNRM region has the same meaning as in the Natural Resources Management Act 2004;\nprivate mine means land declared under the Mining Act 1971 to be a private mine;\nregional NRM board has the same meaning as in the Natural Resources Management Act 2004;\nrevoked regulations means the Native Vegetation Regulations 2003;\nSACFS means the South Australian Country Fire Service;\nSASES means the South Australian State Emergency Service;\nSAMFS means the South Australian Metropolitan Fire Service.\n4—Definition of native vegetation—dead plants\nFor the purposes of paragraph (a) of the definition of native vegetation in section 3(1) of the Act, the class of plants, or parts of plants, comprising trees of a species indigenous to South Australia—\n\t(a)\tthat have a trunk circumference (measured at a point 300 millimetres above the base of the tree) of—\n\t(i)\tin the case of a tree located on Kangaroo Island—1 metre or more; or\n\t(ii)\tin any other case—2 metres or more; and\n\t(b)\tthat provide or have the potential to provide, or are a part of a group of trees or other plants (whether alive or dead) that provide or have the potential to provide, a habitat for animals of a listed threatened species under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth,\nis declared to be included in that definition.\n4A—Application of Act\n\t(1)\tPursuant to section 4(2)(c) of the Act, the area designated in the maps set out in Schedule A1 Part 1 as an area in which the Act applies is, to the extent that the Act does not already apply in that area by virtue of section 4, prescribed for the purposes of section 4(2).\n\t(2)\tPursuant to section 4(2b)(c) of the Act, the part of the Hundred of Port Adelaide designated in the maps set out in Schedule A1 Part 2 as an area in which the Act applies is, to the extent that the Act does not already apply in that area by virtue of section 4, prescribed for the purposes of section 4(2b).\n5—Mitigation hierarchy\nThe mitigation hierarchy is as follows:\n\t(a)\tavoidance—measures must be taken to avoid clearance of native vegetation;\n\t(b)\tminimisation—if clearance of native vegetation cannot be avoided, measures must be taken to minimise the duration, intensity and extent of impacts of the clearance on biological diversity to the fullest possible extent (whether the impact is direct, indirect or cumulative);\n\t(c)\trehabilitation or restoration—measures should be taken to rehabilitate ecosystems that have been degraded, and to restore ecosystems that have been destroyed, by impacts of clearance of native vegetation that cannot be avoided or further minimised;\n\t(d)\toffset—where required under these regulations, any adverse impact on native vegetation or ecosystems that cannot be avoided or minimised must be offset by the achievement of a significant environmental benefit that outweighs that impact.\nPart 2—Guidelines\n6—Guidelines to be prepared by Council\nPursuant to section 25(1)(e) of the Act, the Council is required to prepare draft guidelines in relation to a matter for which guidelines under that section are required for the purposes of a provision of Schedule 1.\nPart 3—Permitted clearance of native vegetation\nDivision 1—Permitted clearance\n7—Permitted clearance\n\t(1)\tPursuant to section 27(1)(b) of the Act, native vegetation may, subject to any other Act or law to the contrary, be cleared as set out in this Part.\n\t(2)\tA person undertaking, or intending to undertake, clearance of native vegetation under this Part must—\n\t(a)\thave regard to, and give effect to, the mitigation hierarchy; and\n\t(b)\tcomply with any applicable guidelines adopted by the Council under section 25 of the Act.\nDivision 2—Permitted clearance without conditions\n8—Permitted clearance without conditions\n\t(1)\tNative vegetation may be cleared in any of the circumstances set out in Schedule 1 Part 1 Division 1.\n\t(2)\tNative vegetation may be cleared in the circumstances set out in Schedule 1 Part 1 Division 2 if the Council has been notified of the proposed clearance in the approved form or if reasonable endeavours have been made to provide such notification.\n\t(3)\tHowever, notification is not required under subregulation (2) if the purpose of the proposed clearance is to maintain an existing track or provide a strip of land on either or both sides of an existing fence (see Schedule 1 Part 1 Division 2 clauses 13 and 14).\n\t(4)\tThe operation of this regulation extends to native vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement if a provision of Schedule 1 Part 1 setting out circumstances in which vegetation may be cleared specifies that the provision applies to such vegetation.\nDivision 3—Fire hazard reduction\n9—Clearance for fire hazard reduction\n\t(1)\tNative vegetation may be cleared in the circumstances set out in Schedule 1 Part 2 Division 1.\n\t(2)\tNative vegetation may be cleared in any of the circumstances set out in Schedule 1 Part 2 Division 2 if—\n\t(a)\tclearance of the vegetation is undertaken in accordance with the written approval of the Chief Officer of SACFS and any applicable bushfire management plan; and\n\t(b)\tthe Council has been notified of the proposed clearance in the approved form.\n\t(3)\tThe operation of this regulation extends to native vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement if a provision of Schedule 1 Part 2 setting out circumstances in which vegetation may be cleared specifies that the provision applies to such vegetation.\n10—Approval by Chief Officer\n\t(1)\tThe Chief Officer of SACFS must not grant an approval under this Division unless the Chief Officer is satisfied that the clearance of native vegetation is reasonably required or appropriate for the purpose of fire prevention or control.\n\t(2)\tIn considering whether to grant an approval under this Division, the Chief Officer of SACFS must have regard to—\n\t(a)\tany applicable bushfire management plan; and\n\t(b)\tany standards made or approved by the Council for the purposes of this Division.\nDivision 4—Vegetation management\n11—Vegetation management (management plans)\n\t(1)\tNative vegetation may be cleared in any of the circumstances set out in Schedule 1 Part 3 if the clearance is undertaken in accordance with—\n\t(a)\ta management plan relating to the clearance that is—\n\t(i)\tprepared in accordance with applicable guidelines adopted by the Council under section 25 of the Act; and\n\t(ii)\tapproved by the Council; or\n\t(b)\tapplicable guidelines adopted by the Council under section 25 of the Act,\nor both, as determined by the Council.\n\t(2)\tThe Council may, in considering whether to approve a management plan for the purposes of subregulation (1), seek and consider the advice of the regional NRM board for the NRM region where the relevant land is situated.\n\t(3)\tIf, on consideration of an application for approval under subregulation (1), the Council, after applying the mitigation principles, is of the opinion that the clearance would be likely to result in residual significant adverse impacts despite the application of guidelines or a management plan (or both), the clearance must not be approved.\n\t(4)\tThe operation of this regulation extends to native vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement if a provision of Schedule 1 Part 3 setting out circumstances in which vegetation may be cleared specifies that the provision applies to such vegetation.\nDivision 5—Risk assessment\n12—Risk assessment\n\t(1)\tSubject to this Division, native vegetation may be cleared in any of the circumstances set out in Schedule 1 Part 4, Part 5 or Part 6.\n\t(2)\tThe operation of this regulation extends to native vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement if a provision of the relevant Part of Schedule 1 setting out circumstances in which vegetation may be cleared specifies that the provision applies to such vegetation.\n13—Clearance for major developments and projects\n\t(1)\tClearance of native vegetation for the purposes of a development or project of a kind specified in Schedule 1 Part 4 is permitted only if it is undertaken in accordance with—\n\t(a)\tthe consent granted for the proposed development or project; and\n\t(b)\ta management plan, approved by the Council for implementation, that results in a significant environmental benefit.\n\t(2)\tSubregulation (1)(b) does not apply if the owner of the land (or a person acting on the owner's behalf) has made 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) or (6a) of the Act.\n14—Clearance for mining and petroleum activities\n\t(1)\tClearance of native vegetation for the purposes of mining activities or operations of a kind specified in Schedule 1 Part 5 Division 1 is permitted only if it is undertaken in accordance with—\n\t(a)\ta management plan, approved by the Council for implementation, that results in a significant environmental benefit; and\n\t(b)\tin the case of operations authorised under a Mining Act—a management plan under that Act; and\n\t(c)\tin the case of operations authorised under the Petroleum and Geothermal Energy Act 2000—a statement of environmental objectives under that Act.\n\t(2)\tSubregulation (1)(a) does not apply if the person undertaking the activities or operations (or a person acting on the person's behalf) has made 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) or (6a) of the Act.\n15—Clearance for exploratory operations\n\t(1)\tClearance of native vegetation for the purposes of exploratory operations of a kind specified in Schedule 1 Part 5 Division 2 is permitted only if it is undertaken in accordance with industry standards developed and endorsed by the Council for the purposes of this regulation following consultation with the Minister responsible for the administration of the Mining Act 1971 (the mining Minister).\n\t(2)\tIndustry standards endorsed by the Council for the purposes of this regulation must—\n\t(a)\tbe directed towards ensuring that exploratory operations will have a minimal impact on native vegetation and be conducted in a manner that will allow for immediate regrowth of any native vegetation that is cleared; and\n\t(b)\tadequately address any concerns raised by the mining Minister during consultation.\n\t(3)\tHowever, if there are no applicable industry standards, or if it is not possible for the applicant to undertake the operations in accordance with applicable industry standards, the clearance is permitted if—\n\t(a)\tthe clearance is undertaken in accordance with a management plan, approved by the Council for implementation, that results in a significant environmental benefit; or\n\t(b)\tthe person undertaking the operations makes 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) or (6a) of the Act.\n16—Clearance for other activities\n\t(1)\tClearance of native vegetation for the purposes of activities of a kind specified in Schedule 1 Part 6 is permitted only if it is undertaken in accordance with—\n\t(a)\tthe written approval of the Council; or\n\t(b)\ta standard operating procedure determined or approved by the Council for the purposes of this provision.\n\t(2)\tAuthorisation to clear native vegetation under subregulation (1) is subject to—\n\t(a)\ta condition—\n\t(i)\tthat the clearance of native vegetation is to be undertaken in accordance with a management plan, approved by the Council for implementation, that results in a significant environmental benefit; or\n\t(ii)\tthat the person undertaking the operations is 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) or (6a) of the Act,\nas determined by the Council; and\n\t(b)\tsuch other conditions as the Council thinks fit.\n\t(3)\tClearance of native vegetation for the purposes of activities of a kind specified in Schedule 1 Part 6 is permitted only if any conditions that apply to the approval are complied with.\n17—Risk to biological diversity to be considered by Council\nWhen making a determination for the purposes of regulation 16 as to—\n\t(a)\tthe information to be provided by an applicant for approval to clear land; or\n\t(b)\twhether approval should be granted and, if so, the conditions (if any) of the approval,\nthe Council must make an assessment of, and have regard to, the level of risk to biological diversity conservation presented by the clearance proposal.\nDivision 6—Miscellaneous\n18—Council approval\n\t(1)\tAn application to the Council in connection with a proposal to clear native vegetation (including an application for approval to clear native vegetation) must be made in the approved form.\n\t(2)\tFor the purposes of this Part (and without limiting any other provision), the Council may—\n\t(a)\trequire a person making an application to provide to the Council a report in the approved form relating to the proposed clearance prepared by an agency, instrumentality, person or body approved by the Council as an entity that may prepare a report of the relevant kind; or\n\t(b)\trequire a person making an application to provide to the Council such additional information as the Council reasonably requires to determine the application; or\n\t(c)\tdirect that information to be provided to the Council be in a form determined by the Council (after consulting with any relevant person as the Council thinks fit); or\n\t(d)\tdirect that a person comply with any other requirement determined by the Council (including a requirement as to the form or content of any plan or other document).\n\t(3)\tIf an application is made to the Council for approval to clear native vegetation, the Council—\n\t(a)\tmust ensure that a copy of any report provided under subregulation (2)(a) is available for inspection, without fee, during ordinary office hours at the principal office of the Council, and is also available in any other manner, or at any other place, determined by the Minister; and\n\t(b)\tmust allow any person who desires to do so to make representations in writing to the Council, within 28 days of the day on which the application is received, in relation to the granting or refusal of approval; and\n\t(c)\tmay, as it thinks fit, allow a person to appear personally or by representative before it to be heard on whether the Council should or should not approve the application.\n\t(4)\tIf a person is required by the Council to provide a report under subregulation (2)(a), the Council may also require the person to pay a fee for the preparation of the report.\n\t(5)\tThe fee (if any) payable under subregulation (4) is the Minister's estimate of the reasonable cost of preparing the report after consultation with the Council.\n19—Matters to be considered by Council\n\t(1)\tThe Council must, when exercising a power or making a decision under this Part—\n\t(a)\tapply the mitigation hierarchy; and\n\t(b)\tconsider, and aim to minimise, potential impacts on biological diversity arising from any proposed clearance of native vegetation; and\n\t(c)\tconsider, and aim to minimise, potential impacts on soil, water and other natural resources arising from any proposed clearance of native vegetation; and\n\t(d)\ttake into consideration comments from agencies or bodies provided in response to any request for comment made by the Council; and\n\t(e)\tconsider, and aim to minimise, impacts on—\n\t(i)\tspecies or ecological communities listed as threatened under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; or\n\t(ii)\tspecies listed as rare or threatened under the National Parks and Wildlife Act 1972; and\n\t(f)\tconsider the potential cumulative impact, both direct and indirect, that is reasonably likely to result from a proposed clearance activity.\nNote—\nThe Council is also obliged under section 14(2) of the Act to do the following when performing a function or exercising a power under the Act:\n\t•\ttake into account, and seek to further, the objects of the Act;\n\t•\ttake into account, and seek to further, the principles of clearance of native vegetation (insofar as they are relevant in the particular circumstances);\n\t•\ttake into account the provisions of the State Landscape Strategy, and any other relevant regional landscape plan, under the Landscape South Australia Act 2019.\nIn addition, the Council must not act in a manner that is seriously at variance with the principles of clearance of native vegetation.\n\t(2)\tThe Council may, when considering an application under this Part for approval to clear vegetation, take into account the practicability and cost of any reasonable alternative to the proposed clearance.\n20—Significant environmental benefit\n\t(1)\tIf clearance of native vegetation that is growing or is situated on land is permitted under this Part subject to a condition requiring the achievement of a significant environmental benefit—\n\t(a)\tthe benefit is to be achieved, to the satisfaction of the Council, by—\n\t(i)\testablishing and managing native vegetation on land as specified by the Council; or\n\t(ii)\tmanaging and protecting native vegetation that is growing or is situated on land as specified by the Council; or\n\t(iii)\tentering into a heritage agreement with the Minister under the Act in the terms specified by the Council for the management of specified native vegetation; or\n\t(iv)\ttaking action in accordance with Part 4A of the Act; and\n\t(b)\tthe Council must inform the Registrar‑General in writing of the condition and must provide the Registrar‑General with such further information as the Registrar‑General requires to comply with subregulation (2).\n\t(2)\tThe Registrar‑General must note the condition against the relevant instrument of title for the land or, in the case of land not under the Real Property Act 1886, against the land.\n21—Time within which permitted clearance must be undertaken\n\t(1)\tAn approval given by the Council or the Chief Officer of the SACFS for the purposes of this Part ceases to operate—\n\t(a)\t2 years after it is granted; or\n\t(b)\tif the Council or Chief Officer specifies, when granting the approval, a longer period (which must not be more than 5 years after the approval is granted)—at the end of that period.\n\t(2)\tIf clearance of native vegetation permitted under these regulations is to be undertaken in accordance with a management plan, the clearance must be commenced within 2 years of the day on which the plan is approved by the Council and undertaken within any time frame specified in the plan.\n22—Conditions of approval\n\t(1)\tA condition imposed by the Council under this Part in connection with an approval granted in relation to clearance of native vegetation is binding on, and enforceable against—\n\t(a)\tthe person to whom the approval is granted; and\n\t(b)\tall owners and subsequent owners of the land to be cleared and any other land to which the condition relates; and\n\t(c)\tan occupier of the land to be cleared and any other person who acquires the benefit of the approval.\n\t(2)\tA person must not, without reasonable excuse, contravene or fail to comply with a condition imposed on an approval granted by the Council under this Part.\nMaximum penalty: $10 000.\nPart 4—Clearance on certain land\n23—Clearance on SA Motorsport Park land\n\t(1)\tPursuant to section 27(1)(b) of the Act, native vegetation may, subject to any other Act or law to the contrary, be cleared if—\n\t(a)\tthe land on which the vegetation is situated is in the SA Motorsport Park; and\n\t(b)\tthe clearance is incidental to development that has been authorised under the Development Act 1993; and\n\t(c)\tthe clearance is undertaken in accordance with a management plan that has been approved by the State Coordinator‑General appointed under the Development Regulations 2008; and\n\t(d)\tthe State Coordinator‑General is satisfied, after taking into account the full nature and extent of clearance that is to be undertaken on the relevant land and any commitments that have been made with respect to the establishment, restoration or maintenance of native vegetation, that—\n\t(i)\tthere will be a significant environmental benefit on the land or within the same region of the State; or\n\t(ii)\tthe owner of the land (or a person acting on his or her behalf) has, on application to the State Coordinator‑General to proceed with clearing the vegetation in accordance with this provision (or regulation 5(1)(zo) of the revoked regulations), made a payment into the Fund or, if the State Coordinator‑General is satisfied that it is appropriate in the circumstances, agreed to make a payment into the Fund, of an amount considered by the State Coordinator‑General to be sufficient to achieve a significant environmental benefit, in the manner contemplated by section 21(6) or (6a) of the Act, which outweighs the value of retaining the vegetation.\n\t(2)\tIn this regulation—\nSA Motorsport Park means the land within the shaded area in the map set out in Schedule 2 and described as the \"SA Motorsport Park Development Site\".\n23A—Clearance on Yoorndoo Ilga Solar Project area land\n\t(1)\tPursuant to section 27(1)(b) of the Act, native vegetation may, subject to any other Act or law to the contrary, be cleared if—\n\t(a)\tthe land on which the vegetation is situated is in the Yoorndoo Ilga Solar Project area; and\n\t(b)\tthe clearance is incidental to a development that has been authorised under the Planning, Development and Infrastructure Act 2016; and\n\t(c)\tthe clearance is undertaken in accordance with a management plan that has been approved by the Council; and\n\t(d)\tthe Council is satisfied, after taking into account the full nature and extent of clearance that is to be undertaken on the relevant land and any commitments that have been made with respect to the establishment, restoration or maintenance of native vegetation, that the holder of a development authorisation (or a person acting on their behalf) has, on application to the Council to proceed with clearing the vegetation in accordance with this provision, made a payment into the Fund or, if the Council is satisfied that it is appropriate in the circumstances, agreed 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) or (6a) of the Act, which outweighs the value of retaining the vegetation.\n\t(2)\tIn this regulation—\nYoorndoo Ilga Solar Project area means the land within the shaded area in the map set out in Schedule 2A and described as the \"Yoorndoo Ilga Solar Project Development Site\".\nPart 5—Application for consent\n24—Application for consent\n\t(1)\tFor the purposes of section 28(3)(b)(ii)(A) of the Act, the prescribed number of copies is 1.\n\t(4)\tThe Council may remit payment of, or refund, the whole, or part, of a fee payable or paid in relation to an application for consent to clear native vegetation (including a fee for a report under section 28(3)(b)(ii)(A) of the Act).\n\t(5)\tFor the purposes of section 28(5) of the Act, any agency, instrumentality, person or body approved by the Council as an entity that may prepare a report of the relevant kind is specified.\n\t(6)\tFor the purposes of section 29(10)(a) of the Act, the period of 28 days from the day on which the application to clear native vegetation is received by the Council is prescribed.\nPart 6—Miscellaneous\n25—Interest\n\t(1)\tInterest accrues from the end of the period referred to in section 31D(4)(a) or 31E(6)(a) of the Act at the prime bank rate for the relevant financial year.\n\t(2)\tInterest accrues on unpaid interest at 6 monthly intervals from the end of the period referred to in subregulation (1).\n\t(3)\tIn this regulation—\nprime bank rate for a particular financial year means the corporate loan reference rate applied by the Commonwealth Bank of Australia for corporate lending on the first trading day of the Bank in that financial year.\n26—Prescribed form (section 33C(8) of Act)\nFor the purposes of section 33C(8) of the Act, the form set out in Schedule 3 is prescribed.\n27—Service of notices\nNotice may be served under the Act on a land owner—\n\t(a)\tpersonally; or\n\t(b)\tby posting it to the land owner at the address of the land owner last known to the person or body serving the notice; or\n\t(c)\tby transmitting it by fax or email to a fax number or email address provided by the land owner (in which case the notice will be taken to have been served at the time of transmission).\n28—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished under the Act or these regulations. \nMaximum penalty: $10 000.\nSchedule A1—Application of Act\nPart 1—Hundreds of Adelaide, Munno Para, Noarlunga and Yatala\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\nPart 2—Hundred of Port Adelaide\n\n\n\n\n\n\n\n\n\n\n\nSchedule 1—Prescribed circumstances in which native vegetation may be cleared (section 27(1)(b) of Act)\nPart 1—General (regulation 8)\nDivision 1—Permitted clearance where notification not required\n1—Vegetation within 10 metres of existing building\n\t(1)\tClearance of vegetation that is growing or is situated within 10 metres of an existing building for the purpose of maintaining the building.\n\t(2)\tSubclause (1)—\n\t(a)\tapplies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement; but\n\t(b)\tdoes not apply to—\n\t(i)\tvegetation that is growing or is situated on land within the River Murray Floodplain Area unless the clearance—\n\t(A)\tinvolves the limb of a plant that is overhanging a building; and\n\t(B)\tis confined to removing the limb (or a part of the limb to any point up to the trunk of the plant); or\n\t(ii)\tclearance of vegetation undertaken in connection with subdivision of the land on which the vegetation is growing or is situated.\n\t(3)\tIn this clause—\nRiver Murray Floodplain Area means the River Murray Protection Area so designated under regulation 4 of the River Murray Regulations 2003.\n2—Maintenance of infrastructure\n\t(1)\tClearance of vegetation where—\n\t(a)\tthe clearance is incidental to—\n\t(i)\tthe repair or maintenance of infrastructure; or\n\t(ii)\trepair or maintenance work of the Crown; and\n\t(b)\t1 or both of the following applies:\n\t(i)\tthe vegetation to be cleared—\n\t(A)\tis located in the vicinity of the structure that is being repaired or maintained in an area in which vegetation was previously cleared in connection with the construction, repair or maintenance of the structure; and\n\t(B)\tconsists only of plants or parts of plants that have grown or regrown since that earlier clearance;\n\t(ii)\tthe clearance is undertaken in accordance with a standard operating procedure determined or approved by the Council for the purposes of this provision.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\n3—Maintenance of dam\nClearance of vegetation where—\n\t(a)\tthe clearance is incidental to the repair or maintenance of an existing dam; and\n\t(b)\tthe vegetation to be cleared—\n\t(i)\tis located in the vicinity of the dam in an area in which vegetation was previously cleared in connection with the construction, repair or maintenance of the dam; and\n\t(ii)\tconsists only of plants or parts of plants that have grown or regrown since that earlier clearance.\n4—Clearance under the Electricity Act 1996 or Emergency Management Act 2004\n\t(1)\tClearance of vegetation—\n\t(a)\tundertaken as part of the duty of an electricity entity under Part 5 of the Electricity Act 1996; or\n\t(b)\tincidental to any repair or maintenance work of an electricity entity within the meaning of the Electricity Act 1996; or\n\t(c)\tby the State Co‑ordinator or an authorised officer acting under section 25 of the Emergency Management Act 2004; or\n\t(d)\tundertaken in accordance with a standard operating procedure determined or approved by the Council for the purposes of this provision.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\n5—Ongoing grazing practices\nClearance of vegetation by grazing domestic stock on land in a manner and at a rate that will not cause permanent degradation of the native vegetation, provided that the manner and rate of grazing is consistent with the manner in which, and the rate at which, the land has previously been grazed by domestic stock of the same species during the previous 10 years.\n6—Safety of persons and property\n\t(1)\tClearance of vegetation comprising a plant exceeding 2 metres in height if—\n\t(a)\tthere is a danger that the plant will fall over or a limb or some other part of the plant will fall from it because of disease, wind damage or any other cause; and\n\t(b)\tthere is a real risk of personal injury or damage to property if that occurs; and\n\t(c)\tit is not reasonably practicable to avoid the risk by avoiding the vicinity in which the plant is growing or is situated; and\n\t(d)\tthe state of the plant has been assessed by a plant health expert or by any other person acting in an emergency situation or in any other situation that gives rise to an immediate risk of personal injury or damage to property; and\n\t(e)\tif the state of the plant is assessed under paragraph (d) by a plant health expert other than in an emergency situation or a situation that giving rise to an immediate risk of personal injury or damage to property—a report on the state of the plant prepared by the plant health expert who made the assessment has been provided to, and approved by, the Council; and\n\t(f)\tthe clearance is confined to removing the limb or other part of the plant causing the danger and only extends to destroying the plant if that is necessary to remove the existing danger.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\n\t(3)\tSubclause (1) does not apply to clearance of vegetation on a road reserve, rail corridor or rail reserve unless—\n\t(a)\tguidelines that apply to the clearance have been adopted by the Council under section 25 of the Act; and\n\t(b)\tthe clearance is undertaken in accordance with those guidelines.\n\t(4)\tIn this clause—\nplant health expert means a person holding a Certificate V in Horticulture (Arbor culture) or a comparable or higher qualification.\n7—Walking tracks\n\t(1)\tClearance of vegetation on private land for the purpose of establishing or maintaining a walking track of not more than 0.5 metre in width that is not, or is not intended to be, available for use by members of the public, provided that—\n\t(a)\tthe track is used, or is genuinely expected to be used, only by pedestrians; and\n\t(b)\tthere is no other practicable alternative (including, in the case of a new track, to the position of the track) that would involve no clearance or the clearance of less vegetation or the clearance of vegetation that is less significant or (if relevant) the clearance of vegetation that has been degraded to a greater extent than the vegetation proposed to be cleared.\n\t(2)\tSubclause (1) applies to clearance of vegetation on land that is subject to a heritage agreement or a management agreement.\n\t(3)\tSubclause (1) does not apply to—\n\t(a)\tclearance of vegetation on a road reserve; or\n\t(b)\tclearance of vegetation established as a condition of a consent for clearance of vegetation; or\n\t(c)\tclearance that would be contrary to—\n\t(i)\ta condition of a consent for clearance of vegetation; or\n\t(ii)\ta condition imposed in connection with clearance of vegetation permitted under these regulations; or\n\t(iii)\ta condition in respect of clearance permitted under the revoked regulations.\n8—Cultural activities\n\t(1)\tClearance of vegetation comprising the taking of a part of a plant by an Aboriginal person for non‑commercial use by the person, or by another Aboriginal person, in accordance with Aboriginal culture and tradition.\n\t(2)\tIn this clause—\nAboriginal person means a person of Aboriginal descent who is accepted as a member by a group in the community who claim Aboriginal descent.\n9—Regrowth\nClearance of vegetation where—\n\t(a)\tthe land on which the vegetation is growing or is situated has been cleared lawfully within 5 years immediately before the proposed clearance occurs; and\n\t(b)\tthe clearance is necessary to maintain the land so that it can continue to be used for the purpose for which, and to the extent to which, it had been used for that purpose within the immediately preceding 5 years; and\n\t(c)\tthe vegetation to be cleared consists only of plants or parts of plants that have grown or have regrown in the immediately preceding 5 years.\n10—Firewood\n\t(1)\tClearance of vegetation that is solely for the purposes of providing firewood for use by the owner of the land on which the vegetation was growing or was situated for the purposes of domestic heating or cooking, provided that—\n\t(a)\tthe quantity of firewood provided by the clearance when aggregated with the quantity of firewood (if any) previously provided by clearance under this clause (or a previous corresponding provision) and not yet burnt does not exceed 6 cubic metres when calculated over the immediately preceding period of 2 years; and\n\t(b)\tthe vegetation has a stem diameter at 300 millimetres from the base of the plant of 200 millimetres or less; and\n\t(c)\tin the case of living vegetation—the clearance does not kill the vegetation, does not prevent regrowth and is undertaken at least 300 millimetres above the base of the plant.\n\t(2)\tSubclause (1) does not apply to—\n\t(a)\tclearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or\n\t(b)\tclearance that would be contrary to—\n\t(i)\ta condition of a consent for clearance of vegetation; or\n\t(ii)\ta condition imposed in connection with clearance of vegetation permitted under these regulations; or\n\t(iii)\ta condition in respect of clearance permitted under the revoked regulations.\n11—Taking of seeds and specimens\n\t(1)\tClearance of vegetation comprising—\n\t(a)\tthe taking of a specimen; or\n\t(b)\tthe taking of—\n\t(i)\ta cutting from a plant for propagation; or\n\t(ii)\tsuch part of a plant that is required in order to obtain the seeds of the plant,\nprovided that the clearance does not cause substantial damage to the plant.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\n12—Cultana training area\n\t(1)\tClearance of vegetation that is growing or is situated in the Cultana Training Area, provided that the clearance is carried out by or on behalf of, or with the authority or permission of, the Commonwealth Department of Defence or an arm of the Australian Defence Force.\n\t(2)\tIn this clause—\nCultana Training Area means the land comprised by the following:\n\t(a)\tthe Allotment comprising Pieces 81, 82 and 83 in Deposited Plan 85852 Out of Hundreds (Port Augusta);\n\t(b)\tAllotment 6 in Deposited Plan 88907 Hundred of Handyside County of Manchester and Out of Hundreds (Port Augusta);\n\t(c)\tSections 4, 13, 14 and 15, Hundred of Jenkins County of Manchester;\n\t(d)\tAllotment 7 in Deposited Plan 29397 Out of Hundreds (Port Augusta);\n\t(e)\tthe Allotment comprising the Pieces 8, 9, 10 and 11 in Deposited Plan 29397 Out of Hundreds (Port Augusta);\n\t(f)\tAllotment 68 in Deposited Plan 85851 Hundred of Cultana County of York;\n\t(g)\tAllotment 72 in Deposited Plan 85851 Hundred of Cultana County of York;\n\t(h)\tthe Allotment comprising Pieces 30, 31 and 32 in Deposited Plan 85850 Out of Hundreds (Whyalla), Out of Hundreds (Port Augusta) and Hundred of Cultana County of York;\n\t(i)\tAllotment 67 in Deposited Plan 93251, Hundred of Cultana County of York and Out of Hundreds (Port Augusta).\nDivision 2—Permitted clearance where notification required\n13—Vehicle tracks\n\t(1)\tClearance of vegetation for the purpose of establishing or maintaining an existing track, that is not more than 5 metres in width, for use by vehicles having at least 4 wheels, provided that—\n\t(a)\tthe track is reasonably required to provide access; and\n\t(b)\tthe clearance is limited to the extent reasonably required to achieve the relevant purpose; and\n\t(c)\tthere is no other practicable alternative (including, in the case of a new track, to the position of the track) that would involve no clearance or the clearance of less vegetation or the clearance of vegetation that is less significant or (if relevant) the clearance of vegetation that has been degraded to a greater extent than the vegetation proposed to be cleared.\n\t(2)\tSubclause (1) applies to clearance of vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement if the clearance is undertaken for the purpose of maintaining (but not establishing) a track.\n\t(3)\tSubclause (1) does not apply to—\n\t(a)\tclearance of vegetation on a road reserve; or\n\t(b)\tclearance of vegetation established as a condition of a consent for clearance of vegetation; or\n\t(c)\tclearance of vegetation that would be contrary to—\n\t(i)\ta condition of a consent for clearance of vegetation; or\n\t(ii)\ta condition imposed in connection with clearance of vegetation permitted under these regulations; or\n\t(iii)\ta condition in respect of clearance permitted under the revoked regulations; or\n\t(d)\tclearance of vegetation undertaken in connection with subdivision of the land on which the vegetation is growing or is situated.\n14—Fences\n\t(1)\tClearance of vegetation for the purpose of providing a strip of cleared land on either side or both sides of an existing fence or of a fence in the course of construction to provide access for the purpose of maintaining or establishing the fence, provided that—\n\t(a)\tthe fence is reasonably required to control access by people or the movement of animals; and\n\t(b)\tthe clearance is required to give reasonable access to the fence and is limited to the extent reasonably required to achieve that access; and\n\t(c)\tthere is no other practicable alternative (including, in the case of a new fence, to the position of the fence) that would involve no clearance or the clearance of less vegetation or the clearance of vegetation that is less significant or (if relevant) the clearance of vegetation that has been degraded to a greater extent than the vegetation proposed to be cleared; and\n\t(d)\tif the fence is on the boundary of a person's land—the total width of the strip on either side of the fence is not more than 5 metres; and\n\t(e)\tif the fence is not on the boundary of a person's land—the total width of the strip is not more than 5 metres.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\n\t(3)\tSubclause (1) does not apply to—\n\t(a)\tclearance of vegetation on a road reserve; or\n\t(b)\tclearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or\n\t(c)\tclearance of vegetation undertaken in connection with subdivision of the land on which the vegetation is growing or is situated; or\n\t(d)\tclearance that would be contrary to—\n\t(i)\ta condition of a consent for clearance of vegetation; or\n\t(ii)\ta condition imposed in connection with clearance of vegetation permitted under these regulations; or\n\t(iii)\ta condition in respect of clearance permitted under the revoked regulations.\n15—Plant and animal control\n\t(1)\tClearance of vegetation (other than vegetation on a road reserve, rail corridor or rail reserve) undertaken in compliance with an obligation under the Natural Resources Management Act 2004 to destroy or control animals or plants if—\n\t(a)\tit is not possible to comply with the obligation without at the same time destroying, damaging or otherwise clearing the vegetation; and\n\t(b)\tguidelines relating to clearance of that kind have been adopted by the Council in accordance with section 25 of the Act; and\n\t(c)\tthe person undertaking the clearance complies with those guidelines.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\n16—Native vegetation causing natural resource management problems\n\t(1)\tClearance of vegetation that is having a detrimental effect on the management of natural resources if—\n\t(a)\tthe vegetation is of a species and in a location specified in guidelines adopted by the Council under section 25 of the Act for the purposes of this clause; and\n\t(b)\tthe person undertaking the clearance complies with those guidelines.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\nPart 2—CFS approval—fire hazard reduction\nDivision 1—Fire hazard reduction 1 (regulation 9(1))\n17—Fire prevention and control\n\t(1)\tClearance of vegetation that is growing or is situated within 20 metres of a dwelling (other than vegetation consisting of a tree that has a trunk circumference (measured at a point 1 metre above the base of the tree) of 2 metres or more).\n\t(2)\tClearance of vegetation that is growing or is situated along an existing fence-line to establish or maintain a fuel break where the total width of the fuel break does not exceed 5 metres.\n\t(3)\tClearance of vegetation otherwise authorised by, and carried out in compliance with, a bushfire management plan applying to the area in which the vegetation is growing or is situated.\n\t(4)\tThis clause applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\n18—Clearance for the purposes of the Fire and Emergency Services Act 2005\n\t(1)\tClearance of vegetation undertaken by, or in accordance with a direction or determination of—\n\t(a)\tan officer of SAMFS exercising a power conferred under section 42 of the Fire and Emergency Services Act 2005; or\n\t(b)\tan officer of SACFS exercising a power conferred under section 82 or 97 of the Fire and Emergency Services Act 2005; or\n\t(c)\tan officer of SASES exercising a power conferred under section 118 of the Fire and Emergency Services Act 2005.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\nDivision 2—Fire hazard reduction 2 (regulation 9(2))\n19—Fire prevention and control (large trees)\nClearance of vegetation that is growing or is situated within 20 metres of a dwelling consisting of a tree that has a trunk circumference (measured at a point 1 metre above the base of the tree) of 2 metres or more.\n20—Fuel reduction\n\t(1)\tClearance of vegetation (other than clearance that falls within the ambit of Part 1 clause 1 or Part 3) for the purpose of reducing combustible material on land where reasonably required for a purpose related to fire prevention or control.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\n21—Fuel breaks\n\t(1)\tSubject to subclause (2), clearance of vegetation (other than clearance that falls within the ambit of Part 1 clause 1 or Part 3) as reasonably required to provide a fuel break not exceeding 20 metres in width on a property that is in the area of a rural council and is used principally for primary production.\n\t(2)\tClearance of vegetation to provide a fuel break does not fall within the ambit of subclause (1) if any point of the proposed fuel break would be within 200 metres of land—\n\t(a)\tthat is sufficiently clear of vegetation so as to constitute a fuel break (other than a fuel break that runs approximately at right‑angles to the proposed fuel break); and\n\t(b)\tthat provides comparable protection to the proposed fuel break.\n\t(3)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\n\t(4)\tIn this clause—\nrural council has the same meaning as in the Fire and Emergency Services Act 2005.\n22—Fire access tracks\n\t(1)\tClearance of vegetation undertaken for the purpose of establishing or maintaining a fire access track.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\n\t(3)\tIn this regulation—\nfire access track means a track (not exceeding 15 metres in width) constructed for use by vehicles undertaking firefighting activities;\nfirefighting has the same meaning as in the Fire and Emergency Services Act 2005.\nPart 3—Management plans—vegetation management (regulation 11)\n23—Roadside or rail corridor vegetation management\nClearance of vegetation that is growing or is situated on land comprising a road reserve, a rail corridor, a rail reserve or a railway crossing undertaken by or on behalf of the person with the control and management of the land for the purpose of—\n\t(a)\tensuring the safety of persons entering or passing the land, or of property on the land; or\n\t(b)\tcontrolling pests on the land,\nprovided that guidelines relating to clearance of that kind have been adopted by the Council in accordance with section 25 of the Act and the person undertaking the clearance complies with those guidelines.\n24—Maintenance of existing agriculture, forestry or farming\nClearance of vegetation that is growing or is situated on land that has been consistently used for agricultural, forestry or primary production purposes as part of a commercial enterprise in the immediately preceding 10 years, provided that—\n\t(a)\tthe clearance is undertaken for the purpose of maintaining the existing use of the land and will not cause permanent degradation or loss of native vegetation; and\n\t(b)\tguidelines relating to clearance of that kind have been adopted by the Council in accordance with section 25 of the Act; and\n\t(c)\tthe person undertaking the clearance complies with those guidelines.\n25—Ecological restoration and management of vegetation\n\t(1)\tClearance undertaken for the purpose of conserving, managing or restoring native species, native vegetation or ecological processes, provided that—\n\t(a)\tguidelines relating to clearance of that kind have been adopted by the Council in accordance with section 25 of the Act; and\n\t(b)\tthe person undertaking the clearance complies with those guidelines.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\n26—Grazing of domestic stock\nClearance of vegetation by grazing domestic stock on land in a manner, and at a rate, that will not cause permanent degradation of the native vegetation on the land where Part 1 clause 5 does not apply because the manner and rate of grazing is not consistent with the manner in which, and the rate at which, the land has previously been grazed by domestic stock of the same species during the previous 10 years, provided that—\n\t(a)\tguidelines relating to clearance of that kind have been adopted by the Council in accordance with section 25 of the Act; and\n\t(b)\tthe person undertaking the clearance complies with those guidelines.\nPart 4—Major developments and projects under Development Act 1993 (regulation 12)\n27—Major projects\nClearance of vegetation that is incidental to a proposed development to which section 48 of the Development Act 1993 applies, provided that—\n\t(a)\tan environmental impact statement, public environmental report or development report, and an Assessment Report, relating to the development have been prepared under the Development Act 1993; and\n\t(b)\tthe Minister responsible for the administration of the Development Act 1993 referred the environmental impact statement, public environmental report or development report to the Council for comment and report and—\n\t(i)\tthe Council provided comments that were included (wholly or substantially) in the relevant Assessment Report; or\n\t(ii)\tthe Council failed to provide comments within 8 weeks after receiving the Minister's invitation for comment and report; and\n\t(c)\tthe Governor has consented to the proposed development under section 48 of the Development Act 1993.\nPart 5—Mining and petroleum activities (regulation 12)\nDivision 1—Mining operations\n28—Operations\n\t(1)\tClearance of vegetation incidental to operations authorised under a Mining Act or the Petroleum and Geothermal Energy Act 2000.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\nDivision 2—Exploratory activity\n29—Exploration\n\t(1)\tClearance of vegetation incidental to exploratory operations authorised under a Mining Act or the Petroleum and Geothermal Energy Act 2000.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\nDivision 3—Mining operations approved before 2003\n30—Mining operations approved before 2003\nClearance of vegetation incidental to operations authorised before 25 August 2003 under a Mining Act, if the clearance—\n\t(a)\tis clearance that is envisaged or authorised by or under a program or approval under the relevant Act; or\n\t(b)\tis clearance that would reasonably be expected to have been required under the authorisation under the relevant Act taking into account the circumstances that existed immediately before 25 August 2003.\nDivision 4—Private mines\n31—Mining operations at private mines\n\t(1)\tClearance of vegetation incidental to mining operations at a private mine at which mining operations have not been discontinued for a period exceeding 12 months at any time after 21 November 1984.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement.\nPart 6—Other activities (regulation 12)\n32—Works on behalf of Commissioner of Highways\nClearance of vegetation incidental to work being undertaken by or on behalf of the Commissioner of Highways (other than repair or maintenance work of a kind referred to in Part 1 clause 2).\n33—New dwelling or building\n\t(1)\tClearance of vegetation required in order to erect a building or structure or other facility that is ancillary to a building, provided that any development authorisation required by or under the Development Act 1993 has been obtained.\n\t(2)\tSubclause (1) does not apply to—\n\t(a)\tclearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or\n\t(b)\tclearance of vegetation undertaken in connection with subdivision of the land on which the vegetation is growing or is situated; or\n\t(c)\tclearance that would be contrary to—\n\t(i)\ta condition of a consent for clearance of vegetation; or\n\t(ii)\ta condition imposed in connection with clearance of vegetation permitted under these regulations; or\n\t(iii)\ta condition in respect of clearance permitted under the revoked regulations.\n34—Infrastructure\n\t(1)\tClearance of vegetation—\n\t(a)\tincidental to the construction or expansion of a building or infrastructure where the Minister has, by instrument in writing, declared that the Minister is satisfied that the clearance is in the public interest; or\n\t(b)\trequired in connection with the provision of infrastructure or services to a building or proposed building, or to any place,\nprovided that any development authorisation required by or under the Development Act 1993 has been obtained.\n\t(2)\tIn this clause—\ninfrastructure includes—\n\t(a)\tflood mitigation works; and\n\t(b)\tan airstrip; and\n\t(c)\ta shipping channel; and\n\t(d)\ta public reservoir.\n35—Residential subdivision\n\t(1)\tClearance of vegetation in connection with the division of land for use for residential purposes (including clearance for the construction of roads and other infrastructure), provided that—\n\t(a)\tany development authorisation for the division of the land and for the use of the land for residential purposes required by or under the Development Act 1993 has been obtained; and\n\t(b)\tthe Council has been given written notification of the full extent of the clearance expected to occur in connection with the division of the land.\n\t(2)\tSubclause (1) does not apply to—\n\t(a)\tclearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or\n\t(b)\tclearance that would be contrary to—\n\t(i)\ta condition of a consent for clearance of vegetation; or\n\t(ii)\ta condition imposed in connection with clearance of vegetation permitted under these regulations; or\n\t(iii)\ta condition in respect of clearance permitted under the revoked regulations.\n36—Recreation track\n\t(1)\tClearance of vegetation for the purpose of establishing or maintaining a track for recreational activity, other than recreational activity involving the use of a motorised vehicle.\n\t(2)\tSubclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement if the terms of the heritage agreement or management agreement permit clearance for the purpose set out in that subclause.\n\t(3)\tSubclause (1) does not apply to—\n\t(a)\tclearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or\n\t(b)\tclearance that would be contrary to—\n\t(i)\ta condition of a consent for clearance of vegetation; or\n\t(ii)\ta condition imposed in connection with clearance of vegetation permitted under these regulations; or\n\t(iii)\ta condition in respect of clearance permitted under the revoked regulations.\n\t(4)\tIn this clause—\nmotorised vehicle does not include a power‑assisted pedal cycle;\npower‑assisted pedal cycle means a power‑assisted pedal cycle within the meaning of vehicle standards determined under the Motor Vehicle Standards Act 1989 of the Commonwealth, but does not include such a pedal cycle if it has an auxiliary propulsion motor comprised (in whole or in part) of an internal combustion engine.\n37—Commercial vehicle access track exceeding 5 metres\n\t(1)\tClearance of vegetation for the purpose of establishing or widening a track that is—\n\t(a)\tmore than 5 metres in width; and\n\t(b)\tfor use for commercial purposes by vehicles having at least 4 wheels; and\n\t(c)\treasonably required to provide access.\n\t(2)\tSubclause (1) does not apply to—\n\t(a)\tclearance of vegetation on a road reserve, rail corridor or rail reserve; or\n\t(b)\tclearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or\n\t(c)\tclearance that would be contrary to—\n\t(i)\ta condition of a consent for clearance of vegetation; or\n\t(ii)\ta condition imposed in connection with clearance of vegetation permitted under these regulations; or\n\t(iii)\ta condition in respect of clearance permitted under the revoked regulations.\n38—New dam and expansion of dam\n\t(1)\tClearance of vegetation incidental to the lawful construction or expansion of a dam situated on pastoral land (including where the clearance occurs as a consequence of vegetation being flooded by water retained in the dam).\n\t(2)\tSubclause (1) does not apply to—\n\t(a)\tclearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or\n\t(b)\tclearance that would be contrary to—\n\t(i)\ta condition of a consent for clearance of vegetation; or\n\t(ii)\ta condition imposed in connection with clearance of vegetation permitted under these regulations; or\n\t(iii)\ta condition in respect of clearance permitted under the revoked regulations.\nSchedule 2—SA Motorsport Park map\n\nSchedule 2A—Yoorndoo Ilga Solar Project map\n\nSchedule 3—Notice under section 33C(8) of Act\nForm 1—Notice of information relating to a warrant\nNative Vegetation Act 1991\nSection 33C of the Native Vegetation Act 1991 provides for the issuing and execution of a warrant in various cases. A warrant has been issued under the Act and the following information is provided in relation to this matter:\n\t(a)\tThe name of the authorised officer executing the warrant is:\nThis person is an authorised officer under the Native Vegetation Act 1991.\n\t(b)\tThis warrant was issued by the following magistrate:\n\t(c)\tThis warrant was issued on            [insert date]\nat            am/pm [insert time]\n\t(d)\tThe warrant authorises the following course of action:\nA warrant expires at the expiration of 1 month from the date of its issue.\nA person may be guilty of an offence if he or she fails to comply with a requirement under the Act or hinders an authorised officer in the lawful exercise of a power under the Act. The maximum penalty for an offence is $5 000. (A person is not required to answer any question if to do so might incriminate the person or make the person liable to a criminal penalty.)\nSignature of authorised officer executing warrant:\nDate:\nSchedule 4—Transitional provisions\nPart 2—Transitional provisions\n2—Transitional provision\n\t(1)\tAn approval granted by the Council or the Chief Officer of SACFS under the revoked regulations that was in force immediately before the revocation of those regulations will continue to apply for the purposes of these regulations and will be subject to the same conditions (if any) that applied to the approval under the revoked regulations.\n\t(2)\tRegulation 21 does not apply to an approval granted under the revoked regulations.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Native Vegetation Regulations 2017 revoked the following:\nNative Vegetation Regulations 2003\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n15\nGazette 28.2.2017 p700 \n1.7.2017: r 2\n2018\n125\nGazette 21.6.2018 p2342\n1.7.2018: r 2\n2019\n117\nGazette 13.6.2019 p1981\n1.7.2019: r 2\n2020\n198\nGazette 4.6.2020 p3072\n1.7.2020: r 2\n2020\n272\nGazette 24.9.2020 p4661\n24.9.2020: r 2\n2021\n2\nGazette 21.1.2021 p121\n21.1.2021: r 2\n2021\n177\nGazette 2.12.2021 p4218\n2.12.2021: r 2\n2022\n24\nGazette 26.5.2022 p1222\n26.5.2022: r 2\n2023\n108\nGazette 2.11.2023 p3656\n2.11.2023: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2018\nr 4A\ninserted by 177/2021 r 4\n2.12.2021\nPt 4\n\n\nheading\nsubstituted by 2/2021 r 4\n21.1.2021\nr 23A\ninserted by 2/2021 r 5\n21.1.2021\n\nrepealed by 24/2022 r 3\n26.5.2022\n\ninserted by 108/2023 r 3\n2.11.2023\nPt 5\n\n\nr 24\n\n\nr 24(2)\nvaried by 125/2018 r 4\n1.7.2018\n\nvaried by 117/2019 r 4\n1.7.2019\n\ndeleted by 198/2020 r 4(1)\n1.7.2020\nr 24(3)\ndeleted by 198/2020 r 4(1)\n1.7.2020\nr 24(4)\nvaried by 198/2020 r 4(2)\n1.7.2020\nSch A1\ninserted by 177/2021 r 5\n2.12.2021\nSch 1\n\n\nPt 6\n\n\ncl 36\n\n\ncl 36(1)\nvaried by 272/2020 r 4(1)\n24.9.2020\ncl 36(4)\ninserted by 272/2020 r 4(2)\n24.9.2020\nSch 2A\ninserted by 108/2023 r 4\n2.11.2023\nSch 4\n\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002\n1.7.2018\nHistorical versions\n1.7.2018\n\n1.7.2019\n\n1.7.2020\n\n24.9.2020\n\n21.1.2021\n\n2.12.2021\n\n26.5.2022\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and final form is possible from the retrieved content."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without the actual content of the regulations","Score of 1 reflects the absence of analysable material, not the simplicity of the underlying law"],"plain_english_summary":"South Australia’s Native Vegetation Regulations 2017 are subordinate rules governing the clearing, protection and management of native plants and ecosystems. They affect landowners, farmers, developers and local councils—typically requiring approvals and imposing compliance obligations—and matter for biodiversity outcomes, land use and development approvals."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulations have expanded beyond a single, uniform permission framework into a more complex, targeted instrument. Mechanisms that changed scope include: (a) the inclusion of specific mapped application areas (Schedule A1) so the Act applies to additional hundreds and locations (reg 4A); (b) insertion of project‑specific clearance provisions for identified development sites (SA Motorsport Park (reg 23) and the Yoorndoo Ilga Solar Project (reg 23A, Schedule 2A)), which create bespoke clearance routes tied to particular approvals and Fund payments; and (c) a broadened definitional capture of some dead trees that provide habitat (reg 4), which extends the class of vegetation regulated. The instrument also formalises multiple alternatives to on‑ground offsets by allowing Council‑accepted payments into a Fund (regs 13–16, 20). These additions give the regulator more project‑level discretion and provide tailored exceptions for specified developments, thereby materially expanding the practical scope and pathways for lawful clearance compared with a narrow, uniformly applied permitting scheme."},"complexity_factors":["Eight Parts and multiple Divisions across the instrument with dense cross‑references to schedules (Parts 1–6, Schs A1, 1–4).","Schedule 1 contains 38 numbered clearance circumstances across multiple Parts and Divisions (detailed conditional clauses).","At least 17 defined terms in regulation 3 (building, bushfire management plan, Development Plan, dwelling, fence, heritage agreement, infrastructure, management agreement, Mining Act, mitigation hierarchy, natural resources, NRM region, private mine, regional NRM board, revoked regulations, SACFS, SASES, SAMFS).","Multiple conditional approval pathways (notification only; approval by Council; management plans; industry standards; Chief Officer approval for fire) with alternatives and exceptions (regs 8–16).","Frequent cross‑references to other Acts (Development Act 1993 / Planning, Development and Infrastructure Act 2016, Mining Acts, Petroleum and Geothermal Energy Act 2000, Fire and Emergency Services Act 2005, Natural Resources Management Act 2004, EPBC Act).","Discretionary elements: Council makes guidelines, approves management plans, determines sufficiency of payments into the Fund and may require bespoke reports or conditions (regs 6, 11, 18, 20).","Special‑case project provisions and mapped areas (Schedule A1; regs 23, 23A; Schedules 2 & 2A) introduce project‑specific rules and exceptions.","Layered exceptions for heritage agreements/management agreements in many clauses (repeated throughout Schedule 1 and Parts 3–6).","Several decision time limits and administrative steps (2‑year approval default; up to 5 years if specified; 28‑day consultation window; prescribed forms and report requirements) adding procedural complexity (reg 21; reg 18(3); reg 24(6))."],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- They set out when and how native vegetation in South Australia may be cleared without a separate offence or prosecution under the Native Vegetation Act 1991. The rules are detailed across: general permitted circumstances (Schedule 1), fire‑related clearance, vegetation management via approved management plans, and risk‑based clearance for larger projects (Part 3). (Regs 7–16; Schedule 1.)\n\n- They require people proposing clearance to follow a mitigation hierarchy: avoid, minimise, rehabilitate/restore, and—where necessary—offset impacts by achieving a “significant environmental benefit”. (Reg 5; regs 11, 13–16; reg 20.)\n\n- The State Native Vegetation Council (the Council) is the central decision‑maker. The Council adopts guidelines and standards, approves management plans, decides whether a significant environmental benefit has been achieved, and can accept payments into a statutory Fund instead of on‑ground offsets. (Regs 6, 11, 18, 20; regs 13–16.)\n\n- For fire hazard reduction, clearance in some circumstances requires written approval of the Chief Officer of the South Australian Country Fire Service (SACFS) and notification to the Council. The Chief Officer must be satisfied the clearance is reasonably required or appropriate for fire prevention/control. (Regs 9–10; Schedule 1 Part 2.)\n\n- Many small‑scale or routine activities are allowed without formal approval or only require notification (e.g. maintenance close to buildings, vehicle tracks, fences, taking cuttings/seeds, some grazing practices), while larger or higher‑risk clearances (major developments, mining, exploratory works, new infrastructure) are subject to management plans, Council approval, standards, or payment into the Fund. (Reg 8; Schedule 1 clauses 1–16 and 23–38; regs 12–16.)\n\n- The regulations define certain categories of native vegetation (including some large dead trees that provide habitat) as protected vegetation. They also prescribe specific mapped areas to which the Act applies. (Reg 4; reg 4A; Schedule A1.)\n\n- Compliance mechanics: applications and notices must use Council’s approved forms; applicants may be required to provide reports prepared by approved entities and may be charged a fee set by the Minister as an estimate of reasonable cost. Approvals generally expire after 2 years (extendable up to 5 years). Breaching approval conditions or giving false or misleading information attracts penalties (maximum $10,000). (Regs 18–22, 24, 25, 27–28.)\n\n**Who this affects**\n\n- Landowners and occupiers whose land contains native vegetation (private land, road reserves, rail corridors, pastoral leases etc.). (Regs 7–8, Schedule 1.)\n- Developers and holders of development authorisations—residential subdivision, major projects, infrastructure—who need to meet Council tests and management plan/offset requirements. (Schedule 1 Parts 4 & 6; regs 13, 16.)\n- Mining and petroleum operators and explorers: exploratory and operational activity can clear vegetation only under industry standards, approved management plans, or by payment into the Fund. (Regs 14–15; Schedule 1 Part 5.)\n- Utilities, emergency services and fire authorities (SACFS, SAMFS, SASES) where fire or emergency powers intersect with clearance. (Regs 9–10; Schedule 1 Part 2 and Part 1 clause 4.)\n- Aboriginal people exercising traditional cultural practices are expressly allowed to take parts of plants for non‑commercial use under cultural activity provisions. (Schedule 1 clause 8.)\n\n**Why it matters (practical effects and decision paths)**\n\n- The regulations create a regulated route to clear native vegetation in many common circumstances while imposing procedures, conditions and potential offset obligations for higher‑risk clearances. That means many routine land uses remain possible with lower upfront friction, but larger conversions (development, mining, infrastructure) trigger Council oversight and either on‑ground environmental actions or monetary payments into a Fund. (Regs 8, 11, 13–16, 20.)\n\n- Who pays and who decides: the Council determines required actions and what counts as a sufficient “significant environmental benefit”; landowners/developers either carry out on‑ground restoration/management or make payments into the Fund if the Council accepts that option. (Regs 11, 13–16, 20.) The SACFS Chief Officer decides some fire‑clearance approvals. (Regs 9–10.)\n\n- Compliance and transaction costs fall mainly on applicants: preparing approved forms, management plans, expert reports, meeting notification obligations, and paying fees or Fund contributions when required. The Council may also require reports prepared by approved external entities and charge applicants for those reports (Minister sets the fee estimate). (Reg 18(2)–(4); reg 24(4).)\n\n**Trade‑offs, incentives and implementation risks (mechanisms, not opinions)**\n\n- Offset vs payment mechanism: The rules allow applicants to discharge offset-like obligations by paying into a Fund where the Council accepts the amount as sufficient (see regs 13(2), 14(2), 15(3), 16(2) and reg 20). Mechanically, this concentrates the decision whether to do on‑site restoration or to pay into a central Fund in the hands of the Council and the payer. That creates a financial route for clearing where the payer bears a defined cost instead of undertaking the physical restoration work themselves.\n\n- Discretion and administrative burden: the Council has broad rule‑making and approval powers (guidelines, standards, management plan approvals, determining what constitutes a significant environmental benefit). That concentrates decision power in the regulator and means outcomes depend on the content of Council guidelines and the exercise of its discretion (regs 6, 11, 18, 19, 20). The regulations also require consultation (the Council may seek advice from regional NRM boards; mining Minister is consulted for industry standards), adding procedural steps. (Regs 11(2), 15(1)–(2).)\n\n- Conditional complexity and substitution effects: many permitted clearances have layered conditions, exclusions (for road reserves, heritage agreements, subdivisions) and notification requirements (see Schedule 1, noted throughout). Those conditional pathways create compliance complexity and may lead applicants to choose the clearance route with the least procedural friction (for example paying into the Fund where permitted) rather than more complex on‑ground remediation.\n\n- Concentrated benefits, diffuse costs: where Fund contributions are accepted instead of on‑site offsets, the immediate financial burden falls on the developer/owner (concentrated), while the environmental outcome is delivered through Fund expenditure across the State (diffuse). The regulations vest the Council with judgment over whether Fund payments are sufficient to “outweigh” the value of retaining vegetation (regs 13(2), 14(2), 23(1)(d), 23A(1)(d)).\n\n- Penalties and enforcement mechanics: breaches of approval conditions or providing false information are criminalised/penalised (max $10,000). Notices can be served personally, by post, fax or email; interest on unpaid amounts is charged at the CBA prime bank rate; warrants procedures have a prescribed notice form. (Regs 22, 28, 27, 25, Schedule 3.)\n\n**Key cross‑references that materially affect behaviour**\n\n- Development Act, Mining/ Petroleum Acts, Fire and Emergency Services Act, Natural Resources Management Act, Environment Protection and Biodiversity Conservation Act (Commonwealth). These Acts interact with approval pathways, standards, consultation and tests for threatened species and major projects (see regs 4, 10, 11(2), 13–16, Schedule 1 Parts referencing other Acts).\n\n**Summary statement of effects on private choice and markets**\n\n- For small, routine activities (maintenance, limited tracks, cultural uses, limited fire mitigation) individuals and land managers can clear vegetation with modest procedural steps or notification (Schedule 1 Part 1). For larger commercial projects (development, mining, infrastructure), the regulations impose planning steps: management plans, Council approval, potential on‑ground offsets or payments into a Fund. These measures increase transaction and compliance costs for commercial actors, while providing the Council with discretion to steer environmental outcomes through guidelines, approvals and Fund administration (regs 11, 13–16, 18–20)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond simple 'clearing rules' to become a comprehensive environmental offset and management framework. Originally focused on prohibiting clearance with limited exceptions, the scheme now incorporates complex biodiversity offset mechanisms (significant environmental benefits), detailed fire management integration, specific negotiated outcomes for major projects (Motorsport Park, solar farms), and extensive cross-referencing with modern planning legislation (Planning, Development and Infrastructure Act 2016). The 2021 and 2023 amendments adding specific project areas (Yoorndoo Ilga) and expanded geographic application (Schedule A1) demonstrate ongoing scope expansion through ad-hoc additions rather than systematic revision."},"complexity_factors":["Extensive cross-referencing between the regulations and the parent Native Vegetation Act 1991, plus multiple other Acts (Development Act 1993, Fire and Emergency Services Act 2005, Mining Act 1971, etc.)","Multiple nested conditional structures: many clearance permissions depend on compliance with guidelines, management plans, or standard operating procedures that are external to the regulations themselves","Numerous exceptions to exceptions — for example, clauses that apply to heritage agreements but only for maintenance not establishment, or fire hazard rules that don't apply on road reserves unless guidelines are adopted","Detailed technical measurements throughout (e.g., trunk circumference measured at 300mm or 1m above base, width limits of 0.5m to 20m depending on track type, cubic metre limits for firewood)","27 defined terms in the interpretation section, several of which themselves reference other legislation","Six separate Parts in Schedule 1 with different approval pathways (no notification, notification required, fire approval, management plans, risk assessment, and specific site rules)","Temporal conditions (e.g., 'within 5 years immediately before', 'previous 10 years', '2 year approval periods') that create complex eligibility calculations","Specific site-based exemptions (SA Motorsport Park, Yoorndoo Ilga Solar Project) with unique approval processes involving different decision-makers (State Coordinator-General vs Native Vegetation Council)"],"plain_english_summary":"These regulations set out the rules for clearing native vegetation in South Australia. They work under the Native Vegetation Act 1991 to specify when landowners, developers, and others can legally remove native plants, trees, and undergrowth.\n\n**Key things the regulations do:**\n\n- **Create a 'mitigation hierarchy'** — a four-step process that requires people to first try to avoid clearing vegetation, then minimise any clearing they must do, then rehabilitate damaged areas, and finally offset any remaining damage by creating environmental benefits elsewhere.\n\n- **List specific situations where clearing is allowed** without needing special approval, such as:\n  - Clearing within 10 metres of an existing building for maintenance\n  - Removing dangerous trees that threaten safety\n  - Maintaining fences, vehicle tracks (under 5 metres wide), and walking tracks\n  - Collecting firewood for personal use (limited amounts)\n  - Aboriginal cultural activities\n  - Grazing livestock (if done sustainably)\n\n- **Set rules for fire hazard reduction**, allowing the Country Fire Service to approve clearing near buildings and the creation of fuel breaks, with special rules for large trees.\n\n- **Require management plans** for larger activities like mining, major developments, and agricultural expansion. These plans must often result in a 'significant environmental benefit' — meaning the developer must improve the environment elsewhere to compensate for what they clear.\n\n- **Establish special rules for specific sites**, including the SA Motorsport Park and the Yoorndoo Ilga Solar Project area, where different approval processes apply.\n\n- **Set time limits** — most approvals to clear vegetation expire after 2 years (or up to 5 years if specified).\n\n**Who it affects:**\n- Landowners wanting to clear vegetation for farming, building, or safety\n- Mining and petroleum companies\n- Developers of major projects\n- Fire authorities and emergency services\n- Local councils and the Native Vegetation Council (the approval body)\n\n**Why it matters:**\nThese regulations balance environmental protection with practical land use needs. They aim to stop broad-scale clearing while allowing necessary activities, ensuring that when vegetation is removed, the damage is either minimised or compensated for through environmental restoration projects."}},"importantCases":[],"_links":{"self":"/api/acts/native-vegetation-regulations-2017","history":"/api/acts/native-vegetation-regulations-2017/history","analysis":"/api/acts/native-vegetation-regulations-2017/analysis","conflicts":"/api/acts/native-vegetation-regulations-2017/conflicts","importantCases":"/api/acts/native-vegetation-regulations-2017/important-cases","documents":"/api/acts/native-vegetation-regulations-2017/documents"}}