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Landscape South Australia Act 2019
9The methods that may, or must, be used in the destruction or control of any animal or plant.
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9 The methods that may, or must, be used in the destruction or control of any animal or plant.
10 The prohibition or regulation of the sale, possession or use of any substance, or the employment of any method, for, or in relation to—
(a) the destruction or control of any animal or plant; or
(b) the management or protection of any natural resource.
11 The issue of flood management, including through the registration of flood maps in the General Registry Office.
12 The preparation and content of regional landscape plans, water allocation plans, landscapes affecting activities control policies and water affecting activities control policies.
13 The form or content of any notice imposing a levy under this Act, or the information that must accompany any such notice.
14 Fixing fees and charges to be paid—
(a) for the installation, maintenance, use or testing of water meters or other infrastructure; or
(b) for any service provided by the Minister or a regional landscape board; or
(c) in relation to the registration or discharge of instruments on the Landscape Scheme Register; or
(d) in relation to any other matter connected with the administration or operation of this Act.
15 The regulation of the payment, recovery, waiving or reduction of fees or charges.
16 The procedures associated with any process under this Act.
17 The payment of money into, or the use of money standing to the credit of, a fund under this Act.
18 Fixing expiation fees, not exceeding $750, for alleged offences against the regulations.
19 Evidence in proceedings for an offence against the regulations.
20 The imposition of penalties, not exceeding $15 000, for a contravention of, or failure to comply with, a regulation.
Schedule 2—Activities control policies
1—Preliminary
(1) In this Schedule—
policy means—
(a) a landscapes affecting activities control policy; or
(b) a water affecting activities control policy;
(2) prescribed authority means a regional landscape board and includes, in relation to Green Adelaide, the Chief Executive.
(3) For the purposes of this Schedule, the Chief Executive may, with the approval of the Minister, perform or discharge any function or duty of the Green Adelaide Board under this Schedule.
2—Review of policies
(1) A prescribed authority must review any policy applying in relation to its region on a comprehensive basis at least once in every 10 years.
(2) A prescribed authority may also review any aspect of a policy applying in relation to its region at any time.
(3) In undertaking a review under subclause (1) or (2), the prescribed authority will undertake such consultation as the prescribed authority determines to be reasonable after taking into account any guidelines specified by the Minister for the purposes of this clause.
(4) The consultation referred to in subclause (3) must comply with any requirements prescribed by the regulations.
(5) At the conclusion of a review under subclause (1), the prescribed authority must—
(b) make a public statement about the outcome of the review in such manner, and to such extent, as the prescribed authority thinks appropriate.
3—Preparation of a policy or amendment
(1) A prescribed authority proposing to create or amend a policy must undertake such consultation as the prescribed authority determines to be reasonable after taking into account any guidelines specified by the Minister for the purposes of this clause.
(2) The consultation referred to in subclause (1) must—
(a) in the case of a proposal to create a water affecting activities control policy—provide for a period of public consultation for at least 2 months from the time that a draft of the policy is released to the public; and
(b) comply with any other requirements prescribed by the regulations.
(3) In connection with subclauses (1) and (2), consultation on any proposed amendment to a policy may be undertaken as part of a review of the policy under clause 2.
(4) A prescribed authority must, at the time that it furnishes a proposal to the Minister to approve a policy, or an amendment to a policy, provide a report on the consultation undertaken by the prescribed authority for the purposes of this clause (and this report may be provided as part of the report to the Minister under clause 2).
(5) A report under subclause (4) must provide information about any matters raised during consultation and comply with any requirements prescribed by the regulations.
(6) A prescribed authority may, at the end of the processes referred to above, propose any amendments to the policy as the prescribed authority thinks fit (and is not required to repeat the processes on account of any change to its original proposal or proposals).
4—Approval of Minister
(1) Subject to this Act, a policy, or an amendment of a policy, does not have effect unless or until it has been approved by the Minister.
(2) The Minister may, on receiving a proposal to approve a policy, or the amendment of a policy, (a policy proposal)—
(b) refer the policy proposal back to the prescribed authority for further consideration.
(3) The Minister must consult with the prescribed authority before making an amendment under subclause (2)(a).
(4) If the Minister refers a policy proposal back to the prescribed authority, the prescribed authority must take any further action specified by the Minister to reconsider the policy proposal (and the prescribed authority may take such other action as the prescribed authority thinks fit), and then the prescribed authority must refer the policy proposal (with or without amendment) back to the Minister.
(5) After the prescribed authority has complied with subclause (4), the Minister may—
(b) refer the policy proposal back to the prescribed authority again (in which case subclause (4) will again apply); or
(c) lay the policy proposal aside.
(6) In a case where subclause (5)(b) applies, the Minister may, after the prescribed authority has complied with subclause (4)—
(b) lay the policy proposal aside.
(7) If the Minister lays a policy proposal aside, the Minister may give directions as to what steps should be taken in the circumstances.
(8) The preceding subclauses do not apply to the amendment of a policy if—
(a) the amendment is to achieve consistency with a regional landscape plan or a water allocation plan under this Act, or to achieve consistency with any other plan, policy, strategy, program or guideline prescribed by the regulations; or
(9) A prescribed authority must ensure that up‑to‑date copies of any policy that relates to its region are made reasonably available to the public.
Schedule 3—Classes of wells in relation to which a permit is not required
1 A well that is 2.5 metres or less in depth (or such other depth as may be prescribed by regulation).
2 A well—
(a) that is not used to provide a supply of water or to drain water into, or to recharge, an underground aquifer; and
(b) in relation to which requirements imposed by or under a Mining Act are in force.