Part 7Management and protection of land

Part 7—Management and protection of land 97—Interpretation In this Part— degradation of land means any change in the quality of land, or any loss of soil, that has an adverse effect on water, native vegetation or other natural resources associated with, or reliant on, land, any other aspect of the environment, or biological diversity; (b) in prescribed circumstances—an authorised officer. 98—Special provisions relating to land (1) Subject to this section, if a relevant authority considers— (a) that an owner of land has been, is, or is likely to be, in breach of the general statutory duty on account of land management practices or activities undertaken in relation to land for which the owner is responsible; and (b) that those practices or activities have resulted in, or could reasonably be expected to result in, unreasonable degradation of land or an unreasonable risk of degradation of land, the relevant authority may require the owner to prepare an action plan in accordance with the requirements of this Part. (2) The following are relevant to determining whether a practice or activity involves (or may involve) unreasonable degradation, or an unreasonable risk of degradation, of land: (a) any relevant provisions of the regional landscape plan or any relevant landscapes affecting activities control policy; (b) the extent to which a practice or activity has been authorised under another Act, or is being, or will be, undertaken in connection with an activity authorised under another Act; (c) the local situation, conditions and surrounding circumstances, with regard being given to contributing factors such as climate, the condition of land, land and water use, and degrees of risk and impact; (d) any factors prescribed by the regulations. (3) Action should not be taken under this section in relation to— (a) an activity that a person is required to take under another provision of this Act; or (b) an activity that is required or authorised by— (i) an environment protection policy, an environment protection order, an environmental authorisation or a clean‑up order under the Environment Protection Act 1993; or (ii) a protection order, a reparation order or a reparation authorisation under the River Murray Act 2003; or (c) an activity that is required to implement an approved property plan under the Pastoral Land Management and Conservation Act 1989; or (d) an activity that is required to comply with a notice under section 43 of the Pastoral Land Management and Conservation Act 1989; or (e) an activity that is required to comply with a requirement under the Fire and Emergency Services Act 2005; or (f) an activity that is required to comply with a requirement under the South Eastern Water Conservation and Drainage Act 1992; or (g) an activity undertaken in circumstances prescribed by the regulations. 99—Requirement to implement action plan (1) A requirement to prepare an action plan under this Part is to be imposed by notice in a form approved by the Minister. (2) A notice under subsection (1) must specify a reasonable period (which must be at least 21 days) within which the relevant owner of land must prepare the action plan. (3) An owner of land who receives a notice under subsection (1) may, within 21 days after receiving the notice, apply to the Chief Executive for a review of the notice. (4) The Chief Executive may, on application under subsection (3) and after giving the applicant a reasonable opportunity to be heard and to place material before the Chief Executive, confirm, vary or set aside the notice. (5) The Chief Executive must prepare and make available written reasons for the Chief Executive's decision on an application under subsection (3). (6) Subject to the outcome of any review under subsection (4) (and, if relevant, any appeal under Part 11), if an owner of land is required to prepare an action plan then the owner must submit such a plan to the relevant authority that issued the notice in accordance with the requirements of the notice. (7) An action plan submitted under subsection (6) must set out in detail— (a) the measures that the owner proposes to take to address any breach of the general statutory duty, and to comply with the general statutory duty in the future; and (b) the period or periods within which those measures are proposed to be taken. (8) The relevant authority to which the action plan is submitted should, within 6 weeks after receiving the plan— (a) approve the plan; or (b) after consulting with the owner, amend the plan, and must then notify the owner of its decision. (9) The owner may, within 21 days after receiving a notice under subsection (8), apply to the Chief Executive for a review of the action plan. (10) The Chief Executive may, on application under subsection (9) and after giving the applicant a reasonable opportunity to be heard and to place material before the Chief Executive, confirm, vary or set aside the action plan. (11) The Chief Executive must prepare and make available written reasons for the Chief Executive's decision on an application under subsection (9). (12) If an owner of land— (a) fails to comply with a notice under this section; or (b) fails to implement an action plan in accordance with its terms (including as varied from time to time), the following provisions will apply: (c) the owner is guilty of an offence and liable to a penalty not exceeding $20 000; and (d) the Chief Executive or a regional landscape board may— (i) cause to be carried out such measures as appear to the Chief Executive or regional landscape board (as the case may be) to be appropriate in view of the failure on the part of the owner (being, if an action plan has been agreed, measures contemplated by, or consistent with, that plan); or (ii) engage a suitably qualified person to devise and implement measures to address the problem or problems to which the relevant requirement relates (being, if an action plan has been agreed, measures contemplated by, or consistent with, that plan). (13) A person taking action under subsection (12)(d) may, after giving reasonable notice, enter the relevant land at any reasonable time (using any force that may be reasonably necessary in the circumstances) and carry out such measures as appear to be appropriate in view of the failure on the part of the owner. (14) A person must not hinder or obstruct a person acting under subsection (12)(d) or (13). (15) The reasonable costs and expenses incurred by the Chief Executive or a regional landscape board in taking action under subsection (12)(d) may be recovered as a debt from the relevant owner. (16) If an amount is recoverable by the Chief Executive or a regional landscape board under subsection (15), the Chief Executive or regional landscape board (as the case may be) may, by notice in writing to the relevant owner, fix a period (which must be at least 28 days) within which the amount must be paid by the relevant owner and if the amount is not paid by the owner within that period, the owner is also liable to pay interest charged at the prescribed rate per annum on the amount unpaid. (17) A relevant authority may, on its own initiative or on application by an owner of land, by notice in writing to the owner of land, vary or revoke an action plan under this section. (18) However, a relevant authority must take reasonable steps to consult with the relevant owner of land before it takes action under subsection (17) (unless the relevant authority is acting at the request of the owner). (19) If an action plan includes an activity for which a permit would, but for section 106, be required under Part 8, a relevant authority must not approve the plan, or the variation of the plan, without first consulting and having regard to views of the authority under that Part to whom an application for a permit for that activity would otherwise have to be made.