Subdiv 8Powers of boards

Subdivision 8—Powers of boards 29—General powers (1) A regional landscape board has the power to do anything necessary, expedient or incidental to— (a) performing the functions of the board under this or any other Act; or (b) assisting in the administration of this Act; or (c) furthering the objects of this Act. (2) Without limiting the operation of subsection (1) (but subject to subsections (3) and (4)), a regional landscape board may— (a) enter into any form of contract, agreement or arrangement; and (b) acquire, hold, deal with and dispose of real and personal property or any interest in real or personal property; and (c) provide for the care, control, management, conservation or preservation of any natural resource; and (d) seek expert, technical or other advice on any matter from any person on such terms and conditions as the board thinks fit; and (e) carry out projects; and (f) act in conjunction with any other authority or person. (3) A regional landscape board must not, without the approval of the Minister— (a) undertake an activity with the object (or principal object) of securing a profit; or (b) participate in any commercial or business activity. (4) The Minister may, by instrument in writing given to a regional landscape board, limit or regulate the powers of the board in any other respect. (5) Subject to any direction of the Minister, a regional landscape board may, as the board thinks fit, undertake activities outside its region. (6) Money received by a regional landscape board under this Act or in performing its functions or duties or exercising its powers under this Act is not payable into the Consolidated Account and may be applied by the board in accordance with the provisions of this Act without further appropriation by Parliament. project includes any form of work, scheme, undertaking or other activity. 30—Special powers to carry out works (1) Without limiting any other provision of this Act, a regional landscape board may— (a) construct, maintain or remove any infrastructure; and (b) excavate any land; and (c) inspect, examine or survey any land and for that purpose— (i) fix posts, stakes or other markers on the land; and (ii) dig trenches or sink test holes in the land to determine the nature of the top soil and underlying strata; and (iii) remove samples for analysis; and (d) alter water table levels, stop or reduce the flow of water in a watercourse, divert water flowing in a watercourse to another watercourse or to a lake or control the flow of water in any other manner; and (e) hold water in a watercourse or lake or by any other means; and (f) divert water to an underground aquifer, dispose of water to a lake, underground aquifer or the sea, or deal with water in any other manner; and (g) deepen, widen or change the course of a watercourse, deepen or widen a lake or take action to remove any obstruction to the flow of water; and (h) undertake any other form of work (including work undertaken for the purposes of stormwater management or flood mitigation); and (i) undertake any testing, monitoring or evaluation; and (j) undertake any other activity of a prescribed kind. (2) A regional landscape board must not exercise a power under subsection (1)(a), (b), (g) or (h) in relation to private land with the intention that any infrastructure, devices or works will be permanent unless— (a) it is intended that the owner of the private land will undertake the care, control or management of any relevant infrastructure, devices or works and the regional landscape board is acting with the agreement of the owner; or (b) the board has first acquired an easement or other appropriate interest over the relevant land. (3) Subsection (2) does not limit or affect the ability of a regional landscape board to acquire land by agreement for the purpose of constructing any infrastructure or performing any work. (4) Any work undertaken under this section must form part of a work program set out in the regional landscape board's annual business plan. lake includes an artificial lake, dam or reservoir. 31—Entry and occupation of land (1) For the purpose of carrying out an investigation or survey, or carrying out any work in an emergency, a regional landscape board, or a person authorised by a regional landscape board, may enter and occupy any land. (2) A regional landscape board or a person authorised by a regional landscape board that intends to enter, or to enter and occupy, land must give reasonable notice of that intention to the occupier of the land. (3) The period of the notice must be at least 2 business days except— (a) where the occupier has given consent; or (b) in an emergency, in which case the person proposing to enter must give such notice (if any) as the person considers is reasonable in the circumstances. (4) A regional landscape board or other person acting under this section may not enter residential premises except with the consent of the occupier. (5) A regional landscape board or other person entering or occupying land under this section— (a) may occupy the land for so long as is reasonably required to exercise powers under subsection (1); and (b) may do anything that is reasonably necessary to achieve the outcome or outcomes for which the entry was undertaken; and (c) insofar as is reasonably practicable, must take steps to ensure that the land is maintained in such state, or restored to such state, as is reasonable in the circumstances; and (d) must co-operate as far as practicable with any owner or occupier of the land. (6) A person must not, without reasonable excuse, obstruct or hinder a person exercising powers under this section. (7) A person may use force to enter land (other than residential premises) under this section— (b) if the person believes, on reasonable grounds, that the circumstances require immediate entry on to the land. (8) A magistrate must not issue a warrant under subsection (7) unless satisfied, on information given on oath, that the warrant is reasonably required in the circumstances. (9) An application for a warrant under subsection (7)— (a) may be made either personally or by telephone; and (b) must be made in accordance with any procedures prescribed by the regulations. 32—Special vesting of infrastructure (1) Subject to this section, the Governor may, by proclamation made on the recommendation of the Minister, vest in a regional landscape board the use of any infrastructure vested in or under the care, control or management of a public authority. (2) Subject to this section, the Governor may, by proclamation made on the recommendation of the Minister, vest in a regional landscape board the use of any land vested in or under the care, control or management of a public authority that is specified in the board's regional landscape plan as being land that should be under the care, control and management of the board. (3) Subject to subsection (4), if the use of infrastructure or land is vested in a regional landscape board under subsection (1) or (2), the care, control and management of the infrastructure or land is also vested in the board and the board is responsible for the maintenance and repair of the infrastructure or the maintenance of the land. (4) The use of infrastructure or land will be vested exclusively in a regional landscape board by a proclamation under subsection (1) or (2) unless the proclamation provides for the use to be shared by the board and a public authority in which case the proclamation must— (a) specify the respective responsibilities of the board and the public authority for the care, control and management and the maintenance and repair of the infrastructure or land; and (b) include any other conditions that are necessary or desirable, in the Governor's opinion, relating to the shared use of the infrastructure or land. (5) A regional landscape board is not liable to pay compensation to a public authority in respect of a proclamation under subsection (1) and (2). (6) Subject to this section, the Governor may, by subsequent proclamation made on the recommendation of the Minister, vary or revoke a proclamation under this section. (7) The Governor cannot make a proclamation under subsection (1), (2) or (6) in relation to infrastructure or land vested in or under the care, control or management of a council or council subsidiary without the consent in writing of the council or council subsidiary. 33—Landscapes affecting activities control policies (1) A prescribed authority may prepare a policy under this section (a landscapes affecting activities control policy) with respect to the conservation, management or protection of any landscapes through the implementation of policies and controls as set out in subsection (2). (2) A landscapes affecting activities control policy may— (a) outline practices relating to protecting land from unreasonable degradation, or an unreasonable risk of degradation; and (b) make provision in connection with declarations made under Part 9 Division 1; and (c) make provision in connection with the issuing of permits under section 197; and (d) impose requirements with respect to the identification, reporting, protection, preservation or relocation of native animals and their habitats for the purposes of section 201; and (e) include any other matter prescribed by the regulations. (3) A prescribed authority may amend a landscapes affecting activities control policy at any time (in accordance with the provisions of this Act). (4) Schedule 2 makes provision in relation to the review, preparation and amendment of a landscapes affecting activities control policy. prescribed authority means a regional landscape board and includes, in relation to Green Adelaide, the Chief Executive.