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Landscape South Australia Act 2019
Part 13Miscellaneous
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Part 13—Miscellaneous
220—Avoidance of duplication of procedures etc
(1) The purpose of this section is to provide for the avoidance of unnecessary duplication of procedures and compliance requirements under the Commonwealth Act and this Act where an activity requires authorisation under this Act and approval under the Commonwealth Act.
(2) Despite any other provision of this Act, an authority under this Act may—
(a) accept a Commonwealth Act document as an application, notice or other document for the purposes of this Act if (subject to subsection (5)) the document complies with the requirements of this Act; and
(b) direct that a procedure taken under the Commonwealth Act in relation to a Commonwealth Act document that has been accepted by the authority under paragraph (a) will be taken to have fulfilled the requirement for a procedure in relation to the relevant document under this Act if the requirements of this Act in relation to the procedure have been complied with; and
(c) instead of the authority, or some other person, preparing a plan, report, statement, assessment or other document under this Act, adopt or accept the whole or part of a document (whether a plan, report, statement, assessment or other document of the same kind or not) used, or to be used, for the purposes of the Commonwealth Act as the document required under this Act if (subject to subsection (5)) the document has been prepared in compliance with this Act and complies with the requirements of this Act.
(3) To avoid doubt, where a controlled action under the Commonwealth Act is an activity or part of an activity, or includes an activity, for which authorisation is required under this Act, the authority may, when considering an application for, or for the variation of, a water licence, permit or other instrument, use information and other material provided to the Commonwealth Minister under the Commonwealth Act for the purpose of deciding whether to give his or her approval to the controlled action under that Act.
(4) Where a controlled action under the Commonwealth Act is an activity or part of an activity, or includes an activity, for which authorisation is required under this Act, the authority—
(a) must, if the Commonwealth Minister has given the Minister's approval to the controlled action, consider whether the conditions (if any) to be attached to the licence, permit or other instrument should be consistent with the conditions (if any) attached to the Commonwealth Minister's approval under the Commonwealth Act;
(b) may attach a condition to a licence, permit or other instrument that requires compliance with all or some of the conditions attached to the Commonwealth Minister's approval under the Commonwealth Act.
(5) A document accepted or adopted under subsection (2)—
(a) may be in a form that does not comply with the requirements of this Act; and
(b) may include information or other material that is irrelevant for the purposes of this Act.
(6) Once a document is accepted or adopted under subsection (2) or a direction has been given in relation to a procedure under subsection (2)(b), the document or procedure will not be invalid or ineffective for the purposes of this Act because a court, tribunal or other authority has decided that it is invalid or ineffective for the purposes of the Commonwealth Act.
assessment report means—
(a) an assessment report as defined in the Commonwealth Act by reference to section 84(3), 95, 100 or 105 of that Act; or
(b) a report under section 121 of the Commonwealth Act;
the authority means—
(a) in reference to a water licence—the Minister;
(b) in reference to a permit—the relevant authority under section 103;
(c) in reference to any other instrument brought within the ambit of this definition by the regulations—a person or body prescribed by the regulations;
Commonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;
Commonwealth Act document means—
(a) a referral under section 68, 69 or 71 of the Commonwealth Act; or
(b) information given by a person to the Minister under the Commonwealth Act under section 86 of that Act; or
(c) information and invitation published by a proponent under section 93 of the Commonwealth Act; or
(d) guidelines prepared under section 97 or 102 of the Commonwealth Act; or
(e) a draft report prepared under section 98 of the Commonwealth Act; or
(f) a finalised report prepared under section 99 of the Commonwealth Act; or
(g) a draft statement prepared under section 103 of the Commonwealth Act; or
(h) a finalised statement prepared under section 104 of the Commonwealth Act; or
(i) an assessment report.
221—Native title
(1) Nothing done under this Act will be taken to affect native title in any land or water.
(2) However, subsection (1) does not apply if the effect is valid under a law of the State or the Native Title Act 1993 of the Commonwealth.
222—Service of notices or other documents
(1) If this Act requires or authorises a notice or other document to be served on, or given to, a person, the notice or document may—
(a) be served on, or given to, the person or an agent of the person; or
(b) be left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or
(c) be sent by post to the person or an agent of the person at the person's or agent's last known address; or
(d) if the notice or document is to be served on the owner of land, the land is unoccupied, and the person seeking to serve the notice or document has taken reasonable steps to effect service under the other paragraphs of this subsection but has been unsuccessful—be served by fixing it to some conspicuous part of the land; or
(e) if the notice or document is to be served on the occupier of land—be sent by post to the occupier at the address of the land; or
(f) be served on the person by fixing it to, or leaving it on, a vessel or craft that the person is apparently in charge of, or expected to board at some stage, if the person giving or serving the notice or document has reasonable grounds to believe that service in this manner will bring the notice or document to the attention of the person to be served; or
(g) be sent to an email address known to be used by the person (in which case the notice or other document will be taken to have been served or given at the time of transmission); or
(h) be served or given in some other manner prescribed by the regulations.
(2) Without limiting subsection (1), a notice or document to be served on or given to a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth may be served or given in accordance with that Act.
(3) Subject to the regulations, a notice or document required or authorised to be given to an owner of land may, if it is to be served personally, be served on the owner, one of any joint owners, or the agent of the owner.
(4) This section does not affect any provision for service prescribed by the Native Title (South Australia) Act 1994.
223—Publication of notices by Minister
If the Minister is authorised to publish a notice under this Act in such manner as the Minister considers appropriate, the Minister should give consideration to the extent to which a particular form of publication may be effective in bringing the notice to the attention of persons who are most likely to be directly affected by the notice or will have a particular interest in the notice (without requiring personal service).
224—Money due to Minister
Money that is due to the Minister or other authority under this Act in respect of the Minister's or the authority's costs in carrying out the requirements of a notice served on the owner or occupier of land may be recovered by the Minister or other authority by selling the land in accordance with section 86 and for the purposes of applying that section the money due will be taken to be a levy and an authority other than the Minister to which the money is due will be taken to be the Minister.
225—Compulsory acquisition of land
(1) The Minister may, after taking into account any recommendation of the relevant regional landscape board, acquire land under this section where the Minister considers that the acquisition of the land is reasonably necessary to further the objects of this Act.
(2) The Land Acquisition Act 1969 applies to the acquisition of land pursuant to this section.
(3) Nothing in this section limits or affects—
(a) the ability of the Minister to acquire land by agreement; or
(b) the operation of any other section of this Act.
226—Compensation
(1) A regional landscape board is liable to pay compensation—
(a) to a person who has the right to take water from a watercourse or lake whether pursuant to a water management authorisation or not, for loss or damage resulting from the effect on the exercise of the right by that person of the board stopping, reducing or diverting the flow of water in the watercourse or in a watercourse that flows into the lake;
(b) to the owner of land that the board, or a person authorised by the board, has entered, or entered and occupied, for loss or damage caused by the entry or occupation of the land.
(2) If the exercise of rights under or in respect of a water management authorisation or a permit has the effect of stopping, reducing or diverting the flow of water in a watercourse, a regional landscape board that allocated water under this Act or approved the transfer of any water management authorisation or any interest in any water management authorisation (as a delegate of the Minister) or granted the permit is not responsible for the purposes of subsection (1)(a) for stopping, reducing or diverting the flow of water in the watercourse.
(3) The Minister is liable to pay compensation to the owner of land for—
(a) the value of a dam, embankment, wall or other obstruction or object removed by the owner in compliance with a notice under section 111(1); and
(b) the costs of removal incurred by the owner.
(4) For the purposes of subsection (3), the value of a dam, embankment, wall or other obstruction or object will be taken to be—
(a) the amount by which the dam, embankment, wall or other obstruction or object increased the value of the land; or
(b) the cost, at the time of removal, of replacing the dam, embankment, wall or other obstruction or object,
whichever is the lesser.
(5) The Minister is liable to pay compensation to the occupier of land for the loss of water (if any) held by a dam, embankment, wall or other obstruction or object when it is removed in compliance with a notice under section 111(1).
(6) A claim for compensation under this section against a regional landscape board must be made by written notice served on the board—
(a) in the case of compensation under subsection (1)(a)—within 6 months after the loss or damage first occurred;
(b) in the case of compensation under subsection (1)(b)—within 3 months after the board, or a person authorised by the board, entered the land or ceased to occupy the land.
(7) A claim for compensation under this section against the Minister must be made by written notice served on the Minister within 6 months after the removal of the dam, embankment, wall or other obstruction or object.
(8) If the claimant and the regional landscape board or the Minister cannot reach agreement within 3 months after the notice is served on the board or the Minister, the claimant may apply to the ERD Court for determination of the amount of compensation payable.
(9) Compensation is not payable under subsection (1)(b) in respect of the entry or occupation of land pursuant to an easement.
(10) Compensation is not payable under subsection (1), (3) or (5) to the Crown or a public authority.
227—Immunity from liability
(1) Despite any other Act or law to the contrary, an owner of land, the Minister or another authority or any other person who—
(a) destroys an animal or plant; or
(b) captures or removes an animal from land; or
(c) takes any other action that is a prescribed measure for the control of animals or plants; or
(d) after an animal has been removed from land, sells or otherwise disposes of the animal,
pursuant to this Act, is not subject to any criminal or civil liability in relation to that action.
(2) The immunity provided by subsection (1) to an owner of land, the Minister, an authority or other person extends to a person who acts as an agent of the owner, Minister, authority or other person.
228—Vicarious liability
For the purposes of this Act, an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency.
229—False or misleading information
A person who furnishes information to the Minister or another authority under this Act that is false or misleading in a material particular is guilty of an offence.
Maximum penalty: $20 000.
230—Interference with works or other property
(1) A person must not interfere with any property of the Crown used in, or in connection with, the administration of this Act without the permission of the Minister.
(2) If a meter is used for the purposes of this Act to measure the quantity of water taken from a water resource, a person (including the owner of the meter) must not interfere with the meter without the permission of the Minister.
(3) A person must not interfere with any infrastructure or other property that is vested in or is under the care, control and management of a regional landscape board or a person acting on behalf of such a board without the board's permission.
(4) The Minister's or a regional landscape board's permission under this section may be conditional or unconditional and if conditional it is an offence to contravene or fail to comply with the condition.
(b) where the offender is a natural person—$5 000.
231—Criminal jurisdiction of Court
An offence against any section of this Act prescribed by the regulations for the purposes of this section lies within the criminal jurisdiction of the ERD Court.
232—Proceedings for offences
(1) Proceedings for an offence against this Act—
(a) may only be commenced by—
(i) the Minister; or
(ii) the Director of Public Prosecutions; or
(iii) the Chief Executive; or
(iv) a person acting with the authorisation in writing of the Minister; and
(b) must be commenced within 5 years after the date on which the offence is alleged to have been committed.
(2) An apparently genuine document purporting to be under the hand of the Minister and to authorise the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.
233—General defence
(1) It is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.
(2) This section does not apply in relation to a person who is charged with an offence under section 234.
234—Offences by bodies corporate
(1) If a body corporate is guilty of a prescribed offence, each member of the governing body, and the manager, of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person unless the member or the manager (as the case may be) proves that they could not by the exercise of due diligence have prevented the commission of the offence.
(2) If a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each member of the governing body, and the manager, of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that—
(a) the member or manager (as the case may be) knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and
(b) the member or manager (as the case may be) was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and
(c) the member or manager (as the case may be) failed to exercise due diligence to prevent the commission of the offence.
(3) Subsection (2) does not apply if the principal offence is—
(a) an offence against section 10, section 31, section 79, section 109, section 119, section 120, section 163, section 186(2) or (3), section 190, section 193(8), section 195, section 196, section 197, section 199, section 201, section 206, section 207, section 209, section 229 or section 230; or
(b) an offence against section 104(7) that relates to the breach of a prescribed condition of a water management authorisation; or
(c) an offence against section 187 or 188 that relates to a Category 3 animal or plant; or
(d) an offence against section 191 that relates to a Category 3 animal or plant.
(4) A person referred to in this section may be prosecuted and convicted of an offence against this section whether or not the body corporate has been prosecuted or convicted of the principal offence committed by the body corporate.
(5) The regulations may make provision in relation to the criminal liability of a member of the governing body, or the manager, of a body corporate that is guilty of an offence against the regulations.
prescribed offence means—
(a) an offence against section 99(12), section 107, section 108 or section 193(4); or
(b) an offence against section 191 that relates to a Category 1 or Category 2 animal or plant.
235—Additional orders on conviction
If a person is convicted of an offence against this Act, the court by which the conviction is recorded may, in addition to any penalty that it may impose, and to any other order that it may make under this or any other Act, make 1 or both of the following orders:
(a) an order requiring the person to take any specified action (including an order to rectify the consequences of any contravention of this Act, or to ensure that a further contravention does not occur);
(b) an order that the person pay to the Crown an amount determined by the court to be equal to a fair assessment or estimate of the financial benefit that the person, or an associate of the person, has gained, or can reasonably be expected to gain, as a result of the commission of an offence against this Act.
236—Continuing offence
(1) A person convicted of an offence against a provision of this Act in respect of a continuing act or omission—
(a) is liable, subject to any determination of a court, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and
(b) is, if the act or omission continues after the conviction, subject to any determination of a court, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.
(2) If an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.
237—Constitution of Environment, Resources and Development Court
The following provisions apply in respect of the constitution of the ERD Court when exercising jurisdiction under this Act:
(a) the Court may be constituted in a manner provided by the Environment, Resources and Development Court Act 1993 or may, if the Presiding Member of the Court so determines, be constituted of a Judge and 1 commissioner;
(b) the provisions of the Environment, Resources and Development Court Act 1993 apply in relation to the Court constituted of a Judge and 1 commissioner in the same way as in relation to a full bench of the Court;
(c) the Court may not be constituted of or include a commissioner unless—
(i) in a case where only 1 commissioner is to sit (whether alone or with another member or members of the Court)—the commissioner; or
(ii) in any other case—at least 1 commissioner,
is a commissioner who has been specifically designated by the Governor as a person who has expertise in fields that are relevant to the jurisdiction conferred on the Court by this Act.
238—Evidentiary
(1) If, in criminal or civil proceedings under this Act relating to the taking of water from a prescribed watercourse, lake or well without authority, it is proved that at the time at which the water is alleged to have been taken the watercourse, lake or well was connected by pipes or channels to land occupied by the defendant, it must be presumed (in the absence of proof to the contrary)—
(a) that the defendant took water from the watercourse, lake or well;
(b) that the defendant took the water for a purpose other than for domestic purposes or for watering stock.
(2) An allegation in criminal or civil proceedings under this Act that on a particular date or during a particular period—
(a) the defendant, respondent or any other person was, or was not, the holder of a licence or permit under this Act; or
(b) a particular person was, or was not, the owner or occupier of any specified land or the owner of any specified vehicle, vessel or aircraft; or
(c) a specified watercourse, lake or well or a specified area was, or was not, a prescribed watercourse, lake or well or a surface water prescribed area; or
(d) specified infrastructure—
(i) was, or was not, stormwater infrastructure;
(ii) was, or was not, stormwater infrastructure forming part of a surface water prescribed area; or
(e) the defendant took or used a specified quantity of water; or
(f) an animal was an animal of a specified class, or a plant was a plant of a specified class, under a provision of this Act; or
(g) a person had failed to carry out the requirements of a notice under Part 9; or
(h) a particular person was an authorised officer,
must, in the absence of proof to the contrary, be accepted as proved.
(3) A document that purports to have been certified by the Minister, a regional landscape board or an authorised officer to be an accurate copy of a licence or permit granted or issued under this Act must, in the absence of proof to the contrary, be accepted in criminal or civil proceedings under this Act as an accurate copy of that licence or permit.
(4) If in proceedings before a court or other tribunal it is proved that—
(a) a meter used to measure the quantity of water taken from a prescribed water resource has been adjusted or modified in a manner that affects the accuracy of the meter; or
(b) a pipe has been installed to bypass a meter referred to in paragraph (a); or
(c) any other pipe or fitting has been interfered with,
it must be presumed (in the absence of proof to the contrary) that the occupier of the land on which the meter, pipe or other fitting is situated, or a person acting on the occupier's behalf, was the person who—
(d) adjusted or modified the meter; or
(e) installed the pipe bypassing the meter; or
(f) interfered with the pipe or other fitting.
(5) A document purporting to be a regional landscape plan, a water allocation plan, a landscapes affecting activities control policy or a water affecting activities control policy, prepared and approved under this Act must in proceedings before a court or other tribunal, be presumed in the absence of proof to the contrary, to be a plan or policy (as the case may be) prepared, approved and for the time being in force under this Act.
(6) If in any proceedings under Part 10 Division 2 or in proceedings for an offence against this Act it appears that an alleged fact has been determined by the use of an electronic, sonic, optical, mechanical or other device by an authorised officer or a person assisting an authorised officer, the alleged fact must be accepted as proved in the absence of proof to the contrary.
239—Determination of costs and expenses
(1) A reference in this Act to the costs of an authority under this Act in taking action or performing work includes a reference to expenses incurred in taking the action or performing the work.
(2) The costs and expenses of an authority under this Act in taking action or performing work must be determined by reference to the costs and expenses that would have been incurred if an independent contractor had been engaged to take the action or perform the work.
240—Minister may apply assumptions and other information
(1) Subject to this section, the Minister may, in assessing or determining any matter that the Minister considers to be relevant to—
(a) the imposition or calculation of any levy under Part 5; or
(b) a condition or proposed condition with respect to a permit or licence under Part 8; or
(c) any notice or other requirement that may be issued or imposed under this Act; or
(d) any plan, policy or report under this Act,
apply any assumptions, or adopt or apply any information or criteria, determined by the Minister to be reasonable in the circumstances (and the Minister's determination in relation to the particular matter will then have effect for the purposes of this Act).
(2) If the regulations so provide, no appeal will lie against any determination of a prescribed kind based on any assumption, information or criteria of a kind specified by the regulations.
(3) This section only applies with respect to a matter that relates to the River Murray.
241—Landscape Scheme Register
(1) The Minister must keep a register (the Landscape Scheme Register) of—
(a) water management authorisations granted or issued under this Act; and
(b) forest water licences granted under this Act; and
(c) permits granted under this Act; and
(d) action plans imposed under section 99; and
(e) other prescribed matters,
in such form and containing such information as the Minister thinks fit.
(2) The register may be divided into such parts as the Minister thinks fit but the Minister must at least establish 1 part that specifically relates to Schedule 4 entitlements under Part 8.
(3) The part established under subsection (2)—
(a) will be known as The Water Register; and
(b) will be subject to the operation of Schedule 4.
(4) Subject to this section, the register must be made available for public inspection.
(5) The Minister is not required to make available for public inspection any part of the register that, in the opinion of the Minister, should be kept confidential for safety or security reasons.
(6) The Minister may also establish or authorise arrangements that restrict or prohibit access to the register (or a part of the register) to protect information that, in the opinion of the Minister, is commercially sensitive or should be protected for some other reasonable cause.
(7) No fee may be imposed for the inspection of the register but the Minister may fix fees for the supply of copies of the register or for extracts from the register.
(8) Information on the register may be made available on conditions determined or approved by the Minister.
(9) Without limiting a preceding subsection, any part of the register may be kept in the form of a computer record.
242—Confidentiality
A person engaged in the administration of this Act who, in the course of carrying out official duties, acquires information on the income, assets, liabilities or other private business affairs of a person must not disclose that information to any other person except in the performance of those official duties or as required by law or authorised by the Minister.
Maximum penalty: $7 500
243—Damage caused by non-compliance with a notice etc
(a) a person fails to comply with—
(i) a requirement under section 99 or section 193; or
(ii) an order under Part 10 Division 2 Subdivision 1; and
(b) damage is caused to the land of another person as a result of that non-compliance,
that other person may recover damages from the person who has failed to so comply.
(2) If a person fails to comply with a notice or other requirement under this Act to make good damage caused to the land of another person, that other person may recover the cost of making good the damage as a debt from the person who has failed to comply.
244—Recovery of technical costs associated with contraventions
(1) If, in the course of investigating a contravention of this Act, a relevant authority has incurred costs and expenses in taking samples or in conducting tests, examinations or analyses the following provisions apply:
(a) if a person is convicted of an offence in respect of the contravention—the court must, on application by a relevant authority, order the person to pay to the relevant authority the reasonable costs and expenses incurred by the relevant authority;
(b) if an order has been issued under Part 10 Division 2 Subdivision 1 to a person in respect of the contravention—a relevant authority may, by notice in writing served on the person, require the person to pay to the relevant authority an amount specified in the notice as being the reasonable costs and expenses incurred by the relevant authority (and such an amount may be recovered as a debt by the relevant authority).
(a) the Minister; or
(c) a regional landscape board; or
(d) any other person or body prescribed by the regulations.
245—Delegation by Chief Executive
(1) The Chief Executive may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Chief Executive under this Act.
(a) may be absolute or conditional; and
(b) does not derogate from the ability of the Chief Executive to act in any matter; and
(c) is revocable at will.
(3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
(4) A person to whom functions or powers have been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform those functions or exercise those powers must disclose the nature of the interest in writing to the Chief Executive.
Maximum penalty: $20 000.
(5) It is a defence to a charge for an offence against subsection (4) to prove that the defendant was not, at the time of the alleged offence, aware of their interest in the matter.
246—Incorporation of codes and standards
(1) A notice given by the Minister or by any other person or body involved in the administration or enforcement of this Act, or a regulation made under this Act, may—
(a) be of general or limited application;
(b) apply, adopt or incorporate, with or without modification, any code, standard or other document prepared or approved by a body or authority referred to in the notice or regulation as in force from time to time or as in force at a specified time.
(2) If a code, standard or other document is applied, adopted or incorporated in a notice or regulation—
(a) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at the office of the Department; and
(b) in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document apparently certified by or on behalf of the Minister as a true copy of the code, standard or other document.
(3) Any regulation adopting a code, standard or other document, or an amendment to a code, standard or other document, may contain such incidental, supplementary or transitional provisions as appear to the Governor to be necessary.
247—Exemption from Act
(1) The Governor may, by regulation—
(a) exempt, or empower the Minister to exempt, a person, or a person of a class, from the operation of any provision of this Act;
(b) declare that this Act, or any provision of this Act, does not apply, or applies with prescribed variations, to, or in relation to—
(i) a circumstance or situation (or circumstance or situation of a prescribed class); or
(ii) a water resource (or a water resource of a class); or
(iii) a place or area within the State,
specified in the regulation.
(2) A regulation under subsection (1) may operate subject to such limitations and conditions as may be specified in the regulation.
248—Regulations
(1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.
(2) Without limiting the generality of subsection (1), regulations may be made with respect to any of the matters specified in Schedule 1.
(3) A regulation under this Act—
(a) may make different provision according to the matters or circumstances to which they are expressed to apply;
(b) may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other person or body prescribed by the regulations;
(c) may, in relation to fees or charges, prescribe differential fees or charges, or provide for fees or charges to be determined according to prescribed factors.
249—Review of Act
(1) The Minister must, as soon as practicable after the expiry of 3 years from the commencement of this section, appoint an independent person who has, in the opinion of the Minister, extensive knowledge, skills and experience in relation to the management of natural resources, to conduct a review of the operation and effectiveness of this Act since that commencement.
(2) A report on the review must be submitted to the Minister within 6 months of the commencement of the review.
(3) The Minister must, within 12 sitting days after receiving the report, cause a copy of the report to be laid before both Houses of Parliament.