Landscape South Australia (General) Regulations 2020

The Regulations revolve around several interlocking legal and administrative concepts that operationalise the Act. The key ideas are definitions, levies and charges, board and council processes, control regimes for plants and animals, administrative discretion through Gazette notices and Ministerial determinations, and procedural safeguards for review and warrants. Each is implemented by explicit prescriptions.

Definitions and scope

• Narrowed definitional carve-outs for Part 9: "animal" excludes fish and invertebrates, and "plant" excludes non‑living plant products and bacteria, fungi, algae and micro-organisms, but both exclusions apply only for Part 9 (regs 4 and 6). The reg 4(3) imports "fish" from the Fisheries Management Act 2007.
• Animal-proof fence is defined by reference to the technical prescriptions in Schedule 1 (reg 5). Schedule 1 sets two distinct constructions: dog-proof fences and rabbit-proof fences with precise dimensions and materials.

Levies and finance

• The Regulations implement levy mechanics: interest on council unpaid instalments is set at the prime bank rate for the relevant financial year (reg 11); interest on unpaid levies and unpaid instalments accrues from the date stated in levy notices and unpaid interest accrues at six monthly intervals, with the rate again pegged to the prime bank rate (reg 20).
• Categories of land use for levies within council areas are prescribed with discrete headings such as Residential, various Commercial classes, Industry, Primary Production and Vacant land (reg 12(1)). Reg 12(2)-(3) modifies the operation of the Local Government Act 1999 sections to tailor fixed charges and rebates for regional landscape levies.
• For land outside council areas the Regulations specify excluded classes (reg 16), and provide differential levies based on area using a factor table (reg 17), with remissions for contiguous land and single farm enterprises (regs 18-19).
• The levy first charge is given the effect of a mortgage that ranks ahead of any registered mortgage (reg 21), with separate treatment where a water levy corresponds to a mortgage in favour of the Minister.

Board, council and administrative processes

• Regional landscape boards must give notice of meetings by website publication or other board-determined ways and may dispense with notice where only confidential matters are on the agenda and the presiding member reasonably expects a closed meeting (reg 7). Reg 7(3) lists classes of information that justify confidentiality, including personal affairs, commercial information, legal advice and litigation.
• Annual reports must include prescribed matters: assessment of implementation of business plans and policies, member attendance and reasons, delegations and functions assigned by the Minister (reg 8).
• Assignments of responsibility for infrastructure must be in writing, describe infrastructure with reasonable particularity and comply with Registrar‑General instructions (reg 9).
• Annual business plan consultation requires provision of information to each constituent council, invitation for written submissions with at least 21 days, and compliance with Ministerial consultation guidelines (reg 10(1)). Ministerial approval is required for adjustments that are inconsistent with regional landscape plans or that include specified proposals (reg 10(2)).

Control of plants and animals and exemptions

• Sale declarations: sellers may supply a Minister-approved declaration to purchasers to help prevent trading of goods carrying prescribed plants; false or misleading statements attract a maximum penalty of $7,000 (reg 23).
• Approved methods for destruction of dingoes and wild dogs by baits are determined by the Chief Executive and published in the Gazette (reg 24).
• The Chief Executive may specify measures for control and treatment by Gazette notice (reg 25).
• Permits attract prescribed fees: $1,250 for natural persons and $12,500 for bodies corporate (reg 26).
• Exemptions for movement, sale and release of plants and animals are carefully circumscribed (regs 27-29). Movement/sale exemptions often require transport via the most direct route, reasonable containment measures, or Chief Executive determinations and may be confined to produce en route for processing that renders the plant non‑viable (reg 27(2)-(3)).

Administrative and enforcement adjuncts

• Warrant applications must be supported by affidavit where made personally; telephone applications follow specific procedural steps including an undertaking to file an affidavit (reg 31).
• Reimbursement applications must be in writing, include evidence of costs and comply with Chief Executive requirements, and reimbursements should be made by electronic funds transfer within 20 business days of a valid application (reg 32).
• Service of notices to land must be sealed in a waterproof wrapper and fixed conspicuously to the land (reg 33).
• The Regulations list Act offences that lie within the ERD Court's criminal jurisdiction (reg 34), linking enforcement to a specialist jurisdiction.
• The Minister may waive fees in whole or part at the Minister's discretion and certain environmental donation related water licence applications are exempt from fees (reg 38).

Across these concepts an important thread is the allocation of specification powers to the Chief Executive and the Minister by Gazette notice or instruction, together with precise procedural rules and monetary figures that translate policy choices into everyday practice. The Regulations therefore mix fixed rules with delegated administrative instruments that will be used to adapt the scheme without further regulation-making.

The Regulations create obligations, entitlements and processes that fall on several identifiable groups, and they allocate decision-making power to named public officials. Who pays, who decides, and who must act follow directly from the text.

Primary affected bodies and public officers

• Regional landscape boards: responsible for publishing meeting notices (reg 7), producing annual reports with required contents (reg 8), including estimated liabilities to councils in annual business plans (reg 14(12)), receiving and paying invoices from councils within 30 days or referring disputes to the Minister (reg 14(15)-(16)), declaring differential levies outside council areas (reg 17), remitting levies for contiguous land (reg 18) and administering remissions for single farm enterprises on application (reg 19).
• Constituent councils: required to impose levies under the Act, may recover costs from boards under the scheme in reg 14, must provide estimates to boards where seeking recovery (reg 14(9)-(11)), must invoice boards with calculations (reg 14(13)-(14)), and must follow the modified Local Government Act provisions regarding fixed charges and rebates (reg 12(2)-(3)).
• Minister: approval required for certain adjustments to annual business plans (reg 10(2)); final arbiter on excessive council cost claims when referred by a board (reg 14(15)-(16)); may waive fees in whole or in part in the Minister's discretion (reg 38(1)); may make determinations under reg 15(1)(c) where assignment of land to regions or council areas creates uncertainty; the Minister's administrative choices materially affect implementation.

Rights and obligations of private parties and landholders

• Ratepayers/landowners: subject to regional landscape levies imposed via councils (regs 11-21); may benefit from remissions where contiguous land or single farm enterprises are involved (regs 18-19) but must apply and provide evidence for single farm enterprise remission (reg 19(2)) and inform boards promptly if the qualifying grounds cease to exist (reg 19(3)) under penalty (maximum $7,000).
• Mortgagees and financiers: the levy first charge corresponds to a mortgage that ranks ahead of any registered mortgage (reg 21). Mortgagees have an exposure to levies having priority over registered securities where levies are imposed and not discharged.
• Sellers and transporters of produce: may provide Minister-approved declarations when selling produce carrying prescribed plants (reg 23), and may rely on movement and sale exemptions when transporting produce for processing that renders plants non-viable, provided transport uses the most direct route and secures the material against spread (reg 27(2)-(3)). False or misleading statements in declaration documents attract a specified monetary penalty (reg 23(2)).
• Persons interested in control measures: those required to destroy declared classes of animals must do so by bait in a manner specified by Chief Executive Gazette notice (reg 24). Persons seeking to release animals for research or control must secure Chief Executive written approval, which may be conditional and revocable (reg 29).

Administrative officers and courts

• Chief Executive: authorised to determine methods and requirements by Gazette notice for baiting dingoes/wild dogs (reg 24), to issue notices specifying control or treatment measures (reg 25), to determine classes of produce excluded from movement exemptions (reg 27(4)), to approve biological control agent releases (reg 27(6)-(7)), to determine conditions for sale exemptions (reg 28(2)), and to vary or revoke approvals (regs 24(2), 27(5), 28(2), 29(3)). These powers are central and create ongoing administrative discretion.
• Registrar-General: has authority to issue instructions that an agreement assigning responsibility for infrastructure must comply with (reg 9(1)(d)), linking property registration systems to assignment of responsibility.
• Magistrates and the ERD Court: magistrates must file warrants and affidavits with the Magistrates Court (reg 31(3)); the ERD Court has criminal jurisdiction over specified Act offences listed by the Regulations (reg 34).

Third parties and service providers

• Service agents, surveyors or rating system providers engaged by councils: affected by the establishment, ongoing and transitional cost definitions in reg 14 and the requirement that councils may recover costs including system changes and valuations (reg 14(5)(a)(vi)-(vii)).
• Defence and Commonwealth: Cultana Training Area is explicitly exempted from the Act for acts by or on behalf of the Commonwealth Department of Defence or Australian Defence Force (reg 37(1)), which affects operational activity within the listed allotments (reg 37(2)).

Aggregate impact and distribution of costs and benefits

• Councils: have a direct right to recover a defined menu of costs from regional landscape boards (reg 14), creating a concentrated benefit to councils that perform billing and collection functions. Boards bear the liability and must budget for payment in annual business plans (reg 14(12)).
• Boards: bear payment obligations for councils' recoverable costs and the administrative task of implementing levies and remissions, and have discretion over declaring differential levies outside council areas (regs 17-19).
• Landholders and mortgagees: face potential increased direct financial exposure through levies and a first charge that takes priority over registered mortgages (reg 21).

The Regulations therefore map who pays (ratepayers and boards), who decides (boards, councils, Minister, Chief Executive, Registrar-General), and what behaviour is required (compliance with fence specifications, levy administration, movement and sale conditions, evidence production for remissions and refunds), with procedural steps and timelines set out in multiple provisions.

The Regulations convert statutory authorities into positive duties for public bodies and specific rights and obligations for private parties. The following list organises the principal duties and rights by actor and cites the controlling provisions.

Regional landscape boards

• Duty to give notice of meetings publicly by website or other board-determined method (reg 7(1)). Right to dispense with notice where agenda relates only to prescribed confidential matters and the presiding member reasonably anticipates closing the meeting (reg 7(2)-(3)).
• Duty to report specified information in annual reports including implementation progress, member attendance, delegations and functions assigned by the Minister (reg 8).
• Duty to include reasonable estimates of liabilities to councils in annual business plans after taking into account estimates furnished by councils (reg 14(11)-(12)).
• Duty to pay or refer council invoices for recoverable costs within 30 days; if a board refers a claim it must refer to the Minister, and the Minister must determine within 60 days (reg 14(15)-(16)).
• Duty to remit levies for contiguous land (reg 18) and to process applications for single farm enterprise remissions on evidence (reg 19(1)-(2)).

Councils

• Duty to impose declared regional landscape levies and follow the modified Local Government Act treatment for fixed charges and rebates as set out in reg 12(2)-(3).
• Right to recover defined categories of costs from regional landscape boards: establishment costs, ongoing costs and transitional costs, with precise definitions and alternative quantification formulas including per-assessment amounts and indexed base fees (reg 14(3)-(7), (18)).
• Duty to furnish reasonable estimates of anticipated claims to boards before boards finalise draft budgets, with ongoing costs conclusively presumed to be recovered on application of reg 14(11) if councils fail to submit estimates by 31 January (reg 14(9)-(11)).
• Duty to provide an invoice with calculations and supporting material and, except in extraordinary cases, to do so by 31 March in the financial year (reg 14(13)-(14)).
• Right to claim refunds for unpaid levies that have been written off, subject to documentary requirements and timing (reg 13).

Landholders, owners and mortgagees

• Duty to pay levies where imposed via the council or under the out-of-council regime; levies create a first charge on land that corresponds to a mortgage ranking ahead of registered mortgages (reg 21).
• Right to remissions where contiguous property rules apply for OC levies (reg 18) and right to apply for single farm enterprise remissions, subject to board satisfaction and evidentiary proof (reg 19(1)-(2)).
• Duty to notify boards if the grounds for single farm enterprise remission cease, under penalty (reg 19(3)).

Sellers, transporters and processors of produce

• Right to provide a Minister-approved declaration to purchasers to assist compliance under the sale prohibition in the Act; duty not to make false or misleading statements in such declarations, with a maximum penalty of $7,000 (reg 23(1)-(2)).
• Exemptions for transporting produce carrying plants to processing that renders plants non-viable are conditional on use of the most direct route and securing the load against spread (reg 27(2)-(3)).

Authorised officers and Chief Executive

• Authorised officers are exempt from section 186 of the Act while acting in the course of official duties (reg 27(1)).
• Chief Executive duty/power to publish technical measures and classes by Gazette notices for baiting, control measures and excluded produce, and power to vary or revoke such notices (regs 24-25, 27(4)-(5), 28(2), 29(3)). These are administrative rights that determine permitted methods and exemptions.

Procedural and enforcement rights/duties

• Warrant applications must be verified by affidavit when made personally and follow specified telephone application procedures with an undertaking to file an affidavit promptly (reg 31(1)-(3)).
• Applications for review of notices under specified Act sections must be made in writing and set out grounds clearly (reg 30).
• Claimants for reimbursement under s 204(13) must apply in writing, include cost details, and comply with Chief Executive requirements; reimbursements should be processed within 20 business days (reg 32).

Fees and permits

• Prescribed permit fees are set at $1,250 for natural persons and $12,500 for bodies corporate (reg 26).
• The Minister has discretion to waive fees in whole or part and the Regulations specify certain environmental donation and transfer applications are fee‑exempt (reg 38(1)-(2)(a)-(e)).

Other statutory interactions and rights

• Designation of the ERD Court's criminal jurisdiction for specified Act offences is listed in reg 34, which affects prosecutorial and defence forum rights.
• Assignment of responsibility agreements for infrastructure must be in writing, identify infrastructure with reasonable particularity, and follow Registrar‑General instructions (reg 9). This creates a formal property-related duty to use registrable instruments.

These duties and rights create a scheme in which councils and regional landscape boards exercise administrative and financial interactions through a prescribed cost-recovery model, while regulated persons and sellers face specified compliance burdens and potential penalties tied to declarations, remissions and movement exemptions.

The Regulations set out specific penalties for named contraventions, prescribe procedural enforcement channels and identify the forum for criminal prosecution of certain Act offences. Enforcement mechanisms combine monetary penalties in the Regulations with references to Act offences that will be prosecuted under the ERD Court's criminal jurisdiction, and procedurally constrain warrant applications and service of notices.

Specified monetary penalties

• False or misleading statements in a declaration provided by a seller under reg 23(1) attract a maximum penalty of $7,000 (reg 23(2)). The provision attaches a specific monetary sanction to the sale-declaration mechanism intended to deter false assurances about produce carrying prescribed plants.
• Failure to inform a regional landscape board when the grounds for single farm enterprise remission cease is an offence with a maximum penalty of $7,000 (reg 19(3)). This creates an affirmative ongoing obligation on the person liable to pay the levies to notify the board.

Interest and charge enforcement

• Interest on unpaid council instalments accrues at the prime bank rate for the relevant financial year, calculated monthly or part-monthly from the instalment payment date (reg 11). Interest on unpaid levies and unpaid instalments also accrues from the date stated in levy notices (reg 20(1)), with unpaid interest itself accruing at six monthly intervals (reg 20(2)). The applicable interest rate for multiple statutory provisions is the prime bank rate (reg 20(3)), which operationalises collection pressure on debtors.
• The regional landscape levy creates a first charge on land that corresponds to a mortgage in favour of the relevant regional landscape board and ranks ahead of any registered mortgage, encumbrance or charge (reg 21(a)). For water levies the mortgage is in favour of the Minister (reg 21(b)). The mortgage-equivalent first charge gives boards or the Minister a secured priority position in land-based enforcement.

Jurisdiction and prosecutorial forum

• The Regulations specify that offences against particular sections of the Act lie within the criminal jurisdiction of the Environment, Resources and Development Court (reg 34). The listed sections include, for example, ss 186 to 191 (control of movement, sale and release of plants and animals), ss 196-197 (permits), and ss 199-201 (other related offences) among others (reg 34(a)-(n)). Using the ERD Court centralises prosecution and trial of listed environmental offences within a specialist court.

Warrants and procedural safeguards

• Applications for warrants under ss 31 and 204 of the Act when made personally must be verified by affidavit (reg 31(1)). Telephone applications are permitted but require the applicant to identify themselves and the office held, state the purpose and grounds, and undertake to file an affidavit verifying the facts; the magistrate must note the facts on a signed warrant and the applicant must file the verifying affidavit as soon as practicable (reg 31(2)(a)-(g)). The magistrate must file the warrant and affidavit in the Magistrates Court (reg 31(3)). These provisions set evidential and procedural checks on warrant issuance.

Administrative review and reimbursement

• Applications for review of notices under specified Act provisions must be in writing and must clearly state the grounds relied upon (reg 30). This creates a procedural pathway for review following administrative decision-making under specified sections of the Act.
• Reimbursement of expenses under s 204(13) must be applied for in writing to the Department with reasonable cost detail and will be reimbursed by electronic funds transfer; the reimbursement "should" be made within 20 business days (reg 32(1)-(3)). The use of "should" rather than "must" implies a recommended timeframe rather than strict enforceability but creates an administrative expectation.

Administrative discretion and determinations

• Multiple powers to specify technical or exemption matters are delegated to the Chief Executive and to the Minister via Gazette notices or determinations (regs 24, 25, 27(4)-(5), 28(2), 29(3), 38(1)). Administrative instruments like Gazette notices are used to define permitted methods, excluded produce classes, and conditions for approvals, with variation or revocation power retained by the Chief Executive. The enforcement risk arises in part because these delegated instruments will define many operational boundaries without further legislative amendment.

Interplay between council recovery and board liability

• Councils can write off unpaid levies and seek refunds from regional landscape boards but must submit applications by 31 March (reg 13(1)). If a refund is paid and the council subsequently recovers arrears, it must repay recovered amounts to the board (reg 13(3)). Boards must pay council invoices within 30 days or refer to the Minister; the Minister may determine fair costs within 60 days (reg 14(15)-(16)). This payment and referral sequence constrains enforcement timing and creates both a collection mechanism and an adjudicative step where disputes about fair cost quantification may arise.

Notice service and physical enforcement steps

• If a notice or document is to be served on or given to a person under s 222(1)(d) of the Act, the server must seal it in a clear waterproof wrapper and fix it to a conspicuous part of the land, including by fixing it to a post driven into the ground (reg 33). This prescribes a minimum physical service method for land-based notices.

In sum, enforcement under the Regulations combines monetary penalties for specified contraventions, statutory interest and priority charges for unpaid levies, a mapped procedural route for warrants and reviews, and delegated administrative instruments that will define many practical enforcement modalities. The Regulations place significant emphasis on documentary evidence, filing timelines and administrative determinations that will shape enforcement cost and speed.

The Regulations explicitly modify, rely upon and cross-reference a range of other South Australian Acts, registries, and administrative instruments. They create interdependencies that affect property registration, local government rating law, fisheries definitions, animal and veterinary regulation, planning instruments and Commonwealth defence arrangements.

Key statutory interactions and modifications

• Local Government Act 1999: The Regulations modify the operation of s 152(2) and s 159(9) of the Local Government Act 1999 for the purposes of regional landscape levies (reg 12(2)-(3)). These modifications extend certain rating provisions to separate rates and fixed charges, provide rules for fixed charges across contiguous rateable land or single farm enterprises (reg 12(2)(b)(i)-(ii)), and allow councils to grant rebates of regional landscape levies that differ from rebates of general rates (reg 12(3)(a)-(b)). The Regulations therefore deliberately alter the default interactions between council rating frameworks and the new regional landscape levy regime.
• Fisheries Management Act 2007: The definition of "fish" referenced in reg 4(3) is imported from the Fisheries Management Act 2007 so that the exclusion of fish from the definition of "animal" for Part 9 is governed by that statute's definition (reg 4(3)).
• Planning and Development instruments: The regulations use the terms and instruments of planning law in reg 12(4), where "prescribed instrument" is defined to include the Development Regulations 2008 or the Planning and Design Code under the Planning, Development and Infrastructure Act 2016. This ties land use classification for levy purposes to established planning instruments and codes.
• Dog and Cat Management Act 1995 and Veterinary Practice Act 2003: The exemption for transportation for humane destruction (reg 27(8)) adopts the definitions in the Dog and Cat Management Act for animal welfare organisation and the Veterinary Practice Act for veterinary surgeon (reg 27(9)). That cross-reference integrates animal welfare and veterinary professional regulation into the movement exemptions.
• Registrar-General and property system: Agreements assigning responsibility for infrastructure must comply with any instruction issued by the Registrar-General (reg 9(1)(d)). This links infrastructure assignment agreements to the land registry/registration regime and injects conveyancing and registration considerations into assignment of responsibilities under s 42 of the Act.
• Environment, Resources and Development Court and Magistrates Court procedures: The Regulations allocate criminal jurisdiction for listed Act offences to the ERD Court (reg 34) and require magistrates issuing warrants to file warrants and affidavits in the Magistrates Court (reg 31(3)). This links enforcement of the Act to existing judicial infrastructure.
• Commonwealth Defence and land exclusions: The Cultana Training Area exemption in reg 37(1) exempts Commonwealth defence activities carried out with authority within listed allotments from the Act's operation, creating a specific statutory carve-out for Defence in line with s 247 of the Act. This is an expressed interface with Commonwealth interests and property holdings.
• Recreation Grounds Rates and Taxes Exemption Act 1981 and Fire and Emergency Services Act 2005: Reg 16 lists classes of land outside council areas excluded from the operation of s 71 of the Act and specifically includes land exempt under the Recreation Grounds Rates and Taxes Exemption Act 1981 (reg 16(c)) and land occupied or held by emergency services organisations under the Fire and Emergency Services Act 2005 (reg 16(d)). This creates consistency with pre-existing exemptions affecting land use and stewardship.

Operational and administrative interactions

• Gazette notices and administrative instruments: Many operational specifications are delegated to Chief Executive and Ministerial Gazette notices or determinations (regs 24-25, 27-29, 38). This means substantive administrative rules will be developed and varied within the executive and published in Gazette form, rather than by further regulation amending the instrument itself.
• Indexed financial adjustments and CPI: Reg 14(18) prescribes a specific indexing method for amounts described as "(indexed)" using CPI of the September quarter relative to the September quarter 2019, with precise rounding rules. That indexing approach interacts with fiscal accounting and CPI reporting frameworks.
• Interaction with land registration and mortgages: The first charge created by levies is given mortgage-like priority over registered mortgages (reg 21). That operationally interfaces with the Torrens title property system and the rights of mortgagees under registration law, requiring alignment between levy enforcement and land title office processes as mediated by Registrar‑General instructions (reg 9(1)(d)).

Constraints on assumptions

• The Regulations often cross-reference sections of the principal Act without reproducing the substantive provisions. For example, reg 34 lists Act sections that are subject to ERD Court jurisdiction but the substantive offences, maximum penalties and procedural particulars are in the principal Act and not reproduced here. Readers must consult the principal Act for the full legal content of the referenced sections.

In practice, implementation will require coordinated administrative action across local government billing systems, regional board budgeting, land titling and mortgage registration processes, planning instruments for land use categories, and executive Gazette publications. The Regulations therefore integrate multiple existing legal frameworks rather than operate in isolation.

The Regulations contain a concise legislative history entry at the end of the instrument and no in-text amendments beyond the principal making. The recorded legislative history indicates the following:

• Principal regulations: Landscape South Australia (General) Regulations 2020, No 222.
• Gazette reference: Gazette 25.6.2020 p3515.
• Commencement: The Regulations commenced on 1 July 2020, pursuant to reg 2.

There are no subsequent amendment entries or varied regulations recorded within the text provided. The Legislative history section names the principal regulations and gives the commencement date. There are no variant versions, amendment schedules or repeal notes included in the instrument as provided.

Practical implication for practitioners

• Any changes to the prescriptions, indexed amounts, differential levy factors or delegated powers would show up as formal amendments to the Regulations or as Gazette notices under the delegated powers. Given the number of provisions that explicitly invite Ministerial or Chief Executive notices (for example, specifications of baiting methods, classes of excluded produce and fee waivers), many operational changes may occur by Gazette notice rather than formal regulation amendment. Users should therefore monitor both the Statutes/Regulations database and the South Australian Government Gazette for relevant notices.
• Indexed amounts in reg 14(5)(b) and (7)(b) commence indexation from the 2021/2022 financial year and are linked to CPI, so future financial-year adjustments will not require regulation amendment but will be made by the numeric rule in reg 14(18).

The Regulations, as recorded, form the initial and principal subordinate instrument made under the Landscape South Australia Act 2019. Any practitioner relying on current requirements should verify whether there have been amending regulations or Gazette notices since the principal commencement date by checking the consolidated legislation and the Gazette.

The instrument as provided does not record any judicial decisions or litigation history. The Regulations include no caselaw citations, no notes of judicial consideration and no inter partes authorities. The Legislative history entry lists only the principal making of the Regulations (No 222 of 2020) and the commencement date (1 July 2020) (Legislative history note).

Implication for research and practice

• Because the Regulations primarily prescribe administrative and technical detail and cross‑reference numerous Act provisions, litigation is likely to evolve around application of those Act sections, procedural fairness in delegated decision-making (for example, Chief Executive determinations by Gazette notice), the quantification of council recoverable costs under reg 14, the priority effect of levy charges on mortgages under reg 21, and the administrative handling of remissions for single farm enterprises (reg 19). However, no such cases are recorded in this instrument.
• Practitioners seeking case law on disputes arising under these Regulations will need to search the ERD Court and other South Australian tribunals and courts for decisions concerning the Act's sections listed in reg 34 or for judicial review applications challenging Chief Executive or Ministerial determinations referenced in the Regulations. The absence of in-text litigation references means do not assume precedent exists from this instrument alone.

For current matters, confirm the existence of any judicial rulings that interpret these Regulations or their interaction with the Act by checking legal databases and ERD Court decisions since July 2020.

The Regulations include numerous technical features and potential traps for implementors and regulated parties. The following issues merit attention because they carry practical compliance, cost or legal consequence.

Indexed monetary amounts and CPI calculation

• Reg 14(18) prescribes the method for indexation and precise rounding rules. The indexation multiplier is the CPI for the September quarter of the immediately preceding financial year divided by the CPI for the September quarter 2019, quotients calculated to two decimal places and rounding rules specified to the nearest dollar or cent depending on the amount. Errors in calculating the indexation or applying the rounding rules will cause incorrect invoicing and budgeting by councils and boards.

Deadlines and timing traps

• Councils seeking refunds for written off levies must apply to the regional landscape board by 31 March in a given year and include specified documentary evidence including certification of write-off, certificate of title, the debt amount and period unpaid (reg 13(1)(a)-(b)(i)-(vi)). Late submissions may still be considered but will be held over to the next round (reg 13(2)). Missing the 31 March timeframe starts a practical delay and may affect council cashflow and board budgeting.
• Councils should furnish invoices for cost recovery by 31 March in the financial year with respect to which the levy is imposed, "except in a case involving extraordinary administrative difficulty" (reg 14(14)). Boards must pay or refer invoices within 30 days (reg 14(15)). Failure to invoice properly or timely may forfeit recovery or lead to disputes referred to the Minister.
• For ongoing costs, if a council is anticipated to impose a levy and has not furnished an estimate of ongoing costs by 31 January in the year the financial year will commence, it is conclusively presumed the council will be recovering costs under the specified formula (reg 14(11)). That presumption binds budgeting processes and could be disadvantageous where councils had intended to claim different amounts.

First charge priority over registered mortgages

• Reg 21 prescribes that the regional landscape levy first charge corresponds to a mortgage that ranks ahead of any registered mortgage. Mortgagees and financiers will be affected materially; lenders should take care to assess outstanding levy exposures and consider the implications for title insurance, mortgagee protections and enforcement rights. The Regulations give boards and the Minister a priority security interest without further mention of registration mechanics beyond the Registrar‑General's instructions for infrastructure assignment agreements (reg 9).

Ministerial and Chief Executive discretion via Gazette notices

• A significant body of operational detail is left to Gazette notices by the Chief Executive or Minister (regs 24, 25, 27(4)-(5), 28(2), 29(3), 38). Because Gazette notices are frequently used to vary technical standards and exemptions without a regulation-making process, regulated parties must monitor Gazette publications vigilantly. Reliance on momentary administrative practice without checking current Gazette notices risks non-compliance.

Narrow scope of definitional exclusions

• The exclusions for "animal" and "plant" in regs 4 and 6 apply only for Part 9 of the Act (regs 4(2), 6(2)). That means the exclusions are not broad general changes but are confined to the Part governing control measures. Practitioners should avoid assuming these narrower definitions apply in other contexts of the Act.

Remission for single farm enterprises requires active application and ongoing duty to inform

• While reg 19(1) mandates remission of levies for single farm enterprises (one levy only), the board must be satisfied on application and reasonable evidence (reg 19(2)). The person liable must inform the board if the grounds cease to exist under reg 19(3) or face a maximum penalty of $7,000. Failure to provide sufficient documentary proof when applying may result in denial and subsequent enforcement.

Modifications to Local Government Act 1999 partial and specific

• Reg 12 applies modifications to the Local Government Act for the purpose of reg 69 of the principal Act and is limited in scope. Practitioners cannot assume wholesale application of Local Government Act provisions in the same form; instead, the Regulations carefully tailor the interaction. For instance, section 152(2) is modified to extend to a separate rate as well as a fixed charge and provide special rules for fixed charges when imposed on contiguous land (reg 12(2)). This specificity can create unintended rating outcomes if a council's billing system is not adjusted precisely.

Documentation and evidentiary specifications

• Refund and remission regimes require specific documents such as certificates of title, certification of write-off under section 143 of the Local Government Act 1999, and stated grounds for actions if unpaid levies are under three years (reg 13(1)(b)(i)-(vi)). Missing documents may invalidate claims and lead to administrative refusal.

Ambiguities in "should" versus "must"

• Reg 32(3) states reimbursement "should" be made within 20 business days after a valid application. The use of "should" rather than "must" is a drafting nuance that gives administrative expectation rather than a strict enforceable timeline and may be a point of contention for applicants seeking timely reimbursement.

Service of notices to land

• The prescribed service method under reg 33 requires sealing notices in a clear waterproof wrapper and fixing them conspicuously to land, including by fixing to a post and then fixing the post into the ground. Failure to follow this method could be used to challenge the validity of service under the Act where strict compliance is legally required.

Fees and fee waivers

• The Minister has broad discretion to waive fees in whole or part (reg 38(1)) and specific categories of environmental donation-related water licence applications are fee-exempt (reg 38(2)). Parties relying on fee exemptions will need either to fall squarely within the listed categories or to seek a waiver from the Minister; reliance on an informal understanding without formal waiver or exemption may be risky.

Monitoring of Gazette notices and Ministerial guidelines

• Reg 10(1)(c) requires compliance with any Ministerial guidelines for consultation on annual business plans. Where guidelines are issued, they will be binding under the Regulations' consultation requirement and failure to comply could undermine consultation validity or lead to Ministerial intervention for plan adjustments that require approval (reg 10(2)).

These specific drafting features and operational choices create multiple small but consequential compliance risks. Practitioners should map deadlines, required documents, indexing rules and Gazette notices into operational checklists for councils, boards, ratepayers and commercial actors.

This section translates the principal compliance obligations in the Regulations into practical steps for the main actors: regional landscape boards, councils, landholders/levy payers, sellers/transporters of produce, authorised officers and applicants for permits or reimbursements. Each step cites the controlling provision.

Regional landscape boards , governance and budgeting

• Meeting notices: ensure practice complies with reg 7(1) by publishing meeting notices on the board's website and, if the board adopts another method, document and publicise that alternative manner. Keep a record of the presiding member's determination when dispensing with notice under reg 7(2) and the reasons falling within reg 7(3).
• Annual reports: include the prescribed items in reg 8(a)-(d): implementation assessment of the annual business plan and any associated policies, member attendance and reasons for non-attendance, record of delegations under s 37 of the Act and reports of Minister-assigned functions.
• Infrastructure assignment agreements: execute assignments under s 42 of the Act as written agreements that describe infrastructure with reasonable particularity, set out responsibilities and comply with any Registrar-General instructions (reg 9(1)(a)-(d)). Consult the Registrar-General early if the assignment may be registrable.
• Annual business plans and consultation: for plans subject to s 51 consult each constituent council with adequate information, invite written submissions with at least 21 days’ timeframe (reg 10(1)(a)-(b)), and ensure compliance with any Ministerial consultation guidelines (reg 10(1)(c)). If plan adjustments are inconsistent with regional landscape plans or include specified proposals, obtain Ministerial approval (reg 10(2)).
• Council cost recovery: anticipate council invoices and incorporate reasonable estimates of liabilities in the board's annual business plan (reg 14(9)-(12)). Prepare procedures to pay or refer council invoices within 30 days as required by reg 14(15).

Councils , billing, cost recovery and refunds

• Cost estimates and invoices: furnish reasonable estimates of establishment, ongoing and transitional costs to boards before boards finalise draft budgets as required by reg 14(9)-(10). Where claiming ongoing costs but failing to provide an estimate by 31 January, note that reg 14(11) conclusively presumes recovery under the specified formula; avoid unintended presumptions by timely submission.
• Invoice content and timing: after declaring the levy, provide an invoice to the relevant board setting out the amount claimed and the calculations used (reg 14(13)) and, except for extraordinary difficulty, furnish the invoice by 31 March in the relevant financial year (reg 14(14)). Maintain supporting calculations and records to substantiate fair costs.
• Refunds for written off levies: if writing off unpaid levies under section 143 of the Local Government Act 1999, apply to the regional landscape board by 31 March and include the specified evidence: certification of the write-off, name of liable person, certificate of title, amount and period unpaid, and grounds where unpaid for less than three years (reg 13(1)(a)-(b)(i)-(vi)). If the council subsequently recovers amounts, remit recovered sums to the board that made the refund (reg 13(3)).

Landholders, ratepayers and mortgagees , levies, remissions and charges

• Levy payment and priority: pay levies when imposed. Be aware that the levy creates a first charge over land corresponding to a mortgage in favour of the regional landscape board and ranks ahead of registered mortgages (reg 21). Notify lenders and check title encumbrances when levies are imposed.
• Contiguous land remission: where OC levies based on area factors are declared for contiguous pieces of rateable land owned and occupied by the same person, expect automatic remission for all but one piece of rateable land (reg 18). Boards must remit; keep title and occupancy records available to verify contiguity.
• Single farm enterprise remission: apply to the board, provide the information or evidence the board reasonably requires to establish a single farm enterprise (reg 19(1)-(2)). Maintain proof of occupation, farm status and enterprise structure. If circumstances change and the grounds cease, inform the board promptly as required by reg 19(3) to avoid penalty exposure up to $7,000.
• For land divided between management regions or councils, check assignment rules under reg 15 to see which region or council the land will be treated as assigned to; the Minister may determine assignment if disputes arise (reg 15(1)(a)-(c)).

Sellers, transporters and processors of produce , movement and sale compliance

• Sale declarations where produce may carry prescribed plants: where assisting to prevent sale in contravention of the Act, use the form approved by the Minister for declarations (reg 23(1)). Ensure declarations are accurate and do not contain materially false or misleading statements to avoid the $7,000 maximum penalty (reg 23(2)).
• Movement exemptions for transport to processing: if transporting wool, grain or other produce to a place for cleaning, milling or processing that renders the plant non-viable, comply with reg 27(2)-(3) by using the most direct route reasonably practicable and reasonably securing the material against spread, escape or release into the surrounding environment. Check the Gazette for any Chief Executive determinations excluding classes of produce from these exemptions (reg 27(4)).
• Sale exemptions: for sales of produce determined by the Chief Executive under reg 28(1)(b), ensure you have a reasonable belief the buyer will remove the plant before any re-sale. Verify and retain evidence of that belief or the buyer's undertakings.

Permits and approvals

• Permit fee payment and application: pay the prescribed permit fee depending on applicant status , $1,250 for natural persons and $12,500 for bodies corporate (reg 26). Prepare permit applications comprehensively because fees are substantial, especially for corporate applicants.
• Releases of animals: obtain written Chief Executive approval for releases for research or control and comply with any conditions specified; keep records of approvals which can be varied or revoked (reg 29(1)-(3)).

Administrative procedures and evidence

• Warrant applications: where applying for a warrant, have facts verified by affidavit if made personally (reg 31(1)). For telephone applications, be prepared to identify the applicant's name and official position and to undertake to file an affidavit verifying the grounds as soon as practicable after a magistrate signs the warrant (reg 31(2)(a)-(g)). Implement a standard operating procedure to ensure affidavits are filed promptly and magistrate file requirements are met (reg 31(3)).
• Reimbursement applications: follow reg 32 by making reimbursement applications in writing, including reasonable cost details and complying with any Chief Executive requirements. Provide bank account details for electronic funds transfer and expect reimbursement within about 20 business days as an administrative target (reg 32(1)-(3)).
• Service of notices on land: when serving notices to land per s 222(1)(d) of the Act, seal the notice in a clear waterproof wrapper and fix it conspicuously to the land, by fixing to a post and securing the post in the ground as necessary (reg 33). Photograph and docket the service to prove compliance.

Monitoring delegated instruments and Gazette notices

• Because many operational specifications are made by Gazette notices (regs 24-25, 27-29, 38), set up a monitoring routine for the South Australian Government Gazette and the Department's publications. Subscribe to relevant Gazette notification services and assign responsibility for reviewing new notices that affect baiting methods, excluded produce classes, fee waivers and permits.

Accounting and budgeting

• For councils and boards: implement the reg 14 costing templates and per-assessment calculations, watch indexation rules and apply CPI-based adjustments as specified in reg 14(18). Keep adequate records to substantiate "fair costs" and be prepared to have cost claims reviewed by the Minister under reg 14(15)-(16) if contested.

Documentation and audit

• Retain records that substantiate any assertion of contiguous ownership/occupation for remissions, proof of single farm enterprise status for remission, certificate of title copies, invoices and calculations for council cost recovery, declaration forms used under reg 23, and copies of any Chief Executive or Ministerial Gazette notices relied upon for exemption. These records will be essential in audits, disputes and Ministerial reviews.

By following these steps and aligning internal policies to the precise documentary, timing and procedural requirements set out in the Regulations, boards, councils, landholders and commercial actors can reduce compliance risk. Practitioners should also keep an eye on related Act provisions referenced throughout the Regulations for substantive obligations not reproduced in the Regulations themselves.