1Landscape South Australia (General) Regulations 2020

South Australia Landscape South Australia (General) Regulations 2020 under the Landscape South Australia Act 2019

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation Part 2—Legislative definitions 4 Definition of animal 5 Definition of animal-proof fence 6 Definition of plant Part 3—Regional landscape boards and plans Division 1—Regional landscape boards 7 Notice of meetings (section 23 of Act) 8 Annual reports (section 39 of Act) 9 Assignment of responsibility for infrastructure (section 42(3) of Act) Division 2—Annual business plans 10 Annual business plans (section 51 of Act) Part 4—Levies Division 1—Levies in respect of land within council areas 11 Interest payable by councils (section 67 of Act) 12 Imposition of levy by councils (section 69 of Act) 13 Refunds to councils in relation to unpaid regional landscape levies (section 69(10) of Act) 14 Costs of councils (section 70 of Act) 15 Contributions by constituent councils—rateable land divided by boundaries of 2 or more landscape management regions or councils (section 73 of Act) Division 2—Levies in respect of land outside council areas 16 Exclusions of certain land from operation of section 71 of Act 17 Outside council areas—differential levies (section 71 of Act) 18 Remissions—contiguous land 19 Remissions—single farm enterprises Division 3—Special provisions 20 Interest payable in cases of default (section 83 of Act) 21 Regional landscape levy first charge on land (section 85 of Act) Part 5—Statutory funds 22 The Landscape Administration Fund (section 90 of Act) Part 6—Control of plants and animals Division 1—Control provisions 23 Sale of produce or goods carrying plants 24 Destruction of dingoes and wild dogs 25 Measures for control and treatment of animals and plants (section 192(3) of Act) Division 2—Permits 26 Permits Part 7—Exemptions 27 Movement of animals and plants 28 Sale of wool or grain etc carrying plants 29 Release of animals Part 8—Miscellaneous 30 Review of notices 31 Applications for warrants (sections 31 and 204 of Act) 32 Reimbursement of expenses (section 204(13) of Act) 33 Service of notices or other documents 34 Criminal jurisdiction of ERD Court (section 231 of Act) 35 Exemption of part of State from certain provisions of the Act 36 Correction of certain errors 37 Cultana Training Area 38 Fees 39 Amendment of landscapes affecting activities control policies Schedule 1—Prescribed requirements for animal-proof fences 1 Prescribed requirements for dog-proof fences 2 Prescribed requirements for rabbit-proof fences Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Landscape South Australia (General) Regulations 2020. 2—Commencement These regulations come into operation on 1 July 2020. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Landscape South Australia Act 2019. Part 2—Legislative definitions 4—Definition of animal (1) The following classes of animals are excluded from the definition of animal in section 3(1) of the Act: (a) fish; (b) invertebrates. (2) Subregulation (1) only applies for the purposes of Part 9 of the Act. (3) In this regulation— fish has the same meaning as in the Fisheries Management Act 2007. 5—Definition of animal-proof fence For the purposes of the definition of animal-proof fence in section 3(1) of the Act, the requirements set out in Schedule 1 are prescribed for fences of a kind specified in that Schedule. 6—Definition of plant (1) The following classes of vegetation or material are excluded from the definition of plant in section 3(1) of the Act: (a) non‑living plant products including processed timber, food or medicinal products; (b) bacteria, fungi, algae and micro-organisms. (2) Subregulation (1) only applies for the purposes of Part 9 of the Act. Part 3—Regional landscape boards and plans Division 1—Regional landscape boards 7—Notice of meetings (section 23 of Act) (1) A notice under section 23(2) of the Act must be given by a regional landscape board by— (a) publishing the notice on the board's website; or (b) in such other manner determined by the regional landscape board. (2) The requirement to give notice is dispensed with if— (a) the only matters on the agenda for the relevant meeting relate to the receipt, discussion or consideration of information or matter specified in subregulation (3); and (b) the presiding member of the regional landscape board (or their delegate) has determined that there is a reasonable likelihood that the board will close the whole of the meeting to the public. (3) For the purposes of section 23(5) of the Act, the following information or matters are prescribed: (a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead); (b) information the disclosure of which— (i) could reasonably be expected to confer a commercial advantage on a person, or to prejudice the commercial position of a person; and (ii) would, on balance, be contrary to the public interest; (c) information the disclosure of which would reveal a trade secret; (d) commercial information of a confidential nature (not being a trade secret) the disclosure of which— (i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and (ii) would, on balance, be contrary to the public interest; (e) matters affecting the safety or security of any person or property; (f) information the disclosure of which could reasonably be expected to prejudice the maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence or the right to a fair trial; (g) matters that must be considered in confidence in order to ensure that the regional landscape board does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence or other legal obligation or duty; (h) legal advice; (i) information relating to actual litigation, or litigation that the regional landscape board believes on reasonable grounds will take place; (j) information the disclosure of which— (i) would divulge information provided on a confidential basis by or to a Minister of the Crown, or another public authority or official; and (ii) would, on balance, be contrary to the public interest; (k) tenders for the supply of goods, the provision of services or the carrying out of works; (l) information relating to a proposed amendment to a Development Plan under the Development Act 1993 or the Planning and Design Code under the Planning, Development and Infrastructure Act 2016. 8—Annual reports (section 39 of Act) The annual report of a regional landscape board under section 39 of the Act must include the following information: (a) an assessment of the extent to which the board has succeeded in implementing its annual business plan, and any water allocation plan, landscapes affecting activities control policy and water affecting activities control policy for which the board is responsible or that applies in the board's region; (b) the number of meetings (if any) that each member of the board has failed to attend during the relevant year and the reason given by each member for the failure; (c) the persons or bodies to whom or to which the board has delegated functions or powers under section 37 of the Act, and the nature of the functions or powers delegated to each person or body; (d) a report on any functions assigned to the board by the Minister. 9—Assignment of responsibility for infrastructure (section 42(3) of Act) (1) An agreement under section 42 of the Act must— (a) be in writing; and (b) describe the infrastructure with reasonable particularity; and (c) set out the responsibilities that are being assigned to the relevant person; and (d) comply with any instruction issued by the Registrar‑General for the purposes of section 42(5) of the Act. (2) Subregulation (1) does not limit or affect the ability to include other provisions, terms or conditions in an agreement under section 42 of the Act. Division 2—Annual business plans 10—Annual business plans (section 51 of Act) (1) For the purposes of section 51(5)(b) of the Act, a regional landscape board must— (a) provide information relating to the proposal to each constituent council; and (b) invite the council to provide it with written submissions in relation to the proposal within a specified period (which must be at least 21 days); and (c) comply with any guidelines specified by the Minister for the purposes of consultation under section 51(5). (2) For the purposes of section 51(16) of the Act, the approval of the Minister is required in relation to an adjustment to an annual business plan of a regional landscape board in the following circumstances: (a) if the adjustment is inconsistent with the board's regional landscape plan; (b) if the adjustment is to include a proposal of kind referred to in section 51(4) of the Act. Part 4—Levies Division 1—Levies in respect of land within council areas 11—Interest payable by councils (section 67 of Act) Interest accrues under section 67(1) of the Act from the date on which the instalment was payable under that section at the prime bank rate for the relevant financial year, calculated in respect of each month (or part of a month) for which the relevant amount remains unpaid. 12—Imposition of levy by councils (section 69 of Act) (1) Pursuant to section 69(5) of the Act, the following purposes for which rateable land is used are prescribed: (a) Residential comprising the use of land for a detached dwelling, group dwelling, multiple dwelling, residential flat building, row dwelling or semi‑detached dwelling within the meaning of a prescribed instrument; (b) Commercial—Shop comprising the use of land for a shop within the meaning of a prescribed instrument; (c) Commercial—Office comprising the use of land for an office within the meaning of a prescribed instrument; (d) Commercial—Other comprising any other commercial use of land not referred to in the categories specified in paragraph (b) or (c); (e) Industry—Light comprising the use of land for a light industry within the meaning of a prescribed instrument; (f) Industry—Other comprising any other industrial use of land not referred to in the category specified in paragraph (e); (g) Primary Production comprising— (i) farming within the meaning of a prescribed instrument; or (ii) horticulture within the meaning of a prescribed instrument; or (iii) the use of land for horse keeping, intensive animal keeping or intensive animal husbandry within the meaning of a prescribed instrument; or (iv) in respect of a dairy situated on a farm—the use of land for a dairy within the meaning of a prescribed instrument; or (v) commercial forestry; (h) Vacant land comprising the non‑use of vacant land; (i) Other comprising any other use of land not referred to in a previous category. (2) Pursuant to section 69(3)(d) of the Act, the operation of section 152(2) of the Local Government Act 1999 is modified— (a) as if it extended to a separate rate as well as a fixed charge; and (b) as if— (i) section 152(2)(c) provided that if a separate rate is a fixed charge based on a factor referred to in section 69(3)(a)(ii) or (iii) of the Landscape South Australia Act 2019 and is imposed in respect of 2 or more pieces of contiguous rateable land (being land that is owned by the same owner and occupied by the same occupier), then only 1 fixed charge may be imposed against the whole of the land; and (ii) section 152(2)(d) provided that if a separate rate is a fixed charge based on the factor referred to in section 69(3)(a)(ii) of the Landscape South Australia Act 2019 and is imposed in respect of land constituting a single farm enterprise, then only 1 fixed charge may be imposed against the whole of the land. (3) Pursuant to section 69(3)(d) of the Act, the operation of section 159(9) of the Local Government Act 1999 is modified— (a) so as to not require a council that grants to a person or body a rebate of general rates under section 166 of the Local Government Act 1999 to grant a comparable rebate of a regional landscape levy to the person or body; and (b) so as to allow a council to grant to a person or body a rebate of a regional landscape levy under section 166 of the Local Government Act 1999 that is different to a rebate of general rates granted to the person or body. (4) In this regulation— prescribed instrument means— (a) the Development Regulations 2008; or (b) the Planning and Design Code under the Planning, Development and Infrastructure Act 2016. 13—Refunds to councils in relation to unpaid regional landscape levies (section 69(10) of Act) (1) For the purposes of section 69(10) of the Act, an application by a council for refund of monies in respect of a debt written off by the council constituted of unpaid regional landscape levy (or part of a levy) must— (a) be made to the regional landscape board by 31 March in a given year; and (b) contain the following information: (i) certification by the council that the debt has been written off under section 143 of the Local Government Act 1999; (ii) the name of the person liable for the payment of the landscape levy constituting the debt; (iii) a copy of the certificate of title of the land to which the unpaid landscape levy constituting the debt relates; (iv) the amount of the debt constituted by the unpaid landscape levy; (v) the period of time for which the landscape levy constituting the debt has been unpaid; (vi) if the landscape levy constituting the debt has been unpaid for less than 3 years—a statement of the grounds relied on by the council in acting under section 143 of the Local Government Act 1999. (2) A council that does not submit an application under subregulation (1) by 31 March in a particular year may submit it after that date (to be considered in the next round of applications). (3) If— (a) a council writes off a debt constituted by an unpaid regional landscape levy (or part of a levy); and (b) a refund is made to the council under section 69(10) of the Act in relation to the unpaid levy; and (c) the council subsequently recovers an amount (the relevant amount) with respect to the unpaid levy as part of steps taken by the council to recover rates in arrears under the Local Government Act 1999, the council must pay the relevant amount to the regional landscape board that made the refund under section 69(10) of the Act. 14—Costs of councils (section 70 of Act) (1) This regulation makes provision with respect to the operation of section 70 of the Act. (2) In this regulation— transitional financial year means— (a) a transitional financial year under Schedule 5 clause 95 of the Act; and (b) the 2023/2024 financial year and the 2024/2025 financial year. (3) For the purposes of this regulation— (a) establishment costs are fair costs directly associated with— (i) a council being required to impose a regional landscape levy on rateable land within its area (or part of its area) in a particular financial year after not being required to impose such a levy or a regional NRM levy under the repealed Act in the immediately preceding financial year; and (ii) a council being required to impose a regional landscape levy on rateable land within its area (or part of its area) in a particular financial year on a basis under section 69(3)(a) of the Act that is different to the basis that applied with respect to the immediately preceding financial year (either under the Act or the repealed Act), other than where any additional costs incurred by the council on account of the change to the basis for the levy are not significant; (b) ongoing costs are fair annual costs directly associated with a council imposing and collecting a regional landscape levy, other than costs that a council would incur in any event on account of the imposition and collection of rates under the Local Government Act 1999; (c) transitional costs are fair costs incurred by a council, in relation to a transitional financial year, with respect to— (i) changing the name of the relevant levy from regional NRM levy to regional landscape levy in connection with imposing a levy under section 69 of the Act; or (ii) a change in the boundaries of any region located within its area in connection with the imposition of a regional landscape levy; or (iii) making any amendments to the council's rating system on account of the introduction of the regional landscape levy; or (iv) conducting any tests involving the council's rating system on account of the introduction of the regional landscape levy; or (v) setting up and assigning new codes within the council's rating system on account of the introduction of the regional landscape levy. (4) Subject to this regulation, the costs that a council may recover with respect to a particular financial year will be determined according to whether the council is claiming— (a) establishment costs; or (b) ongoing costs; or (c) transitional costs; or (d) any combination of these costs. (5) Subject to this regulation, the amount that a council may recover as establishment costs will be— (a) fair costs incurred by a council with respect to— (i) consulting with the relevant regional landscape board in relation to the basis for the regional landscape levy; and (ii) establishing the ability of the council's rating system to deal with the regional landscape levy; and (iii) making any amendments to the council's rating system on account of the imposition of the regional landscape levy; and (iv) conducting any tests involving the council's rating system on account of the imposition of the regional landscape levy; and (v) setting up and assigning codes within the council's rating system on account of the imposition of the regional landscape levy; and (vi) obtaining any new assessment or valuation information on account of the imposition of the regional landscape levy; and (vii) confirming the imposition of the appropriate levy with respect to rateable land in the area of the council; or (b) $10 848 (indexed), plus 71 cents (indexed) for each assessment of levy against a piece of rateable land, adjusted, if necessary, under subregulation (6). (6) If a council is claiming establishment costs under paragraph (b) of subregulation (5) from 2 or more regional landscape boards with respect to a particular financial year, the component under that paragraph represented by $10 848 (indexed) will be reduced, with respect to the payment to each regional landscape board, to 60% of the amount that would otherwise apply. (7) Subject to this regulation, the amount that a council may recover as ongoing costs will be— (a) fair costs as described in subregulation (3)(b); or (b) $2 532 (indexed), plus 25 cents (indexed) for each assessment of levy against a piece of rateable land. (8) If a council is claiming transitional costs from 2 or more regional landscape boards with respect to a particular financial year, the respective shares of those boards will be as agreed between them or, in default of an agreement, as determined by the Minister. (9) Subject to subregulation (11), a council seeking to recover any costs with respect to a particular financial year, other than the 2020/2021 financial year, should, as a preliminary step, furnish to the relevant regional landscape board or boards, a reasonable estimate of the costs that the council expects to claim under this regulation. (10) An estimate under subregulation (9) should comply with any requirements determined by the Minister for the purposes of this regulation and be furnished before the regional landscape board or boards finalise their draft budgets for inclusion in their draft annual business plans for the relevant financial year. (11) In relation to ongoing costs, if— (a) a council is anticipated to be imposing a regional landscape levy in an ensuing financial year; and (b) the council has not furnished, in accordance with subregulation (9), an estimate of its ongoing costs for that financial year by 31 January in the year in which the financial year will commence, it will be conclusively presumed that the council will be recovering costs under subregulation (7)(b). (12) A regional landscape board must, after taking into account any information furnished by a council under subregulation (9) or the operation of subregulation (11), include in its annual business plan for the relevant financial year the amount that it appears to be a reasonable estimate of its liability to the council under this regulation for that financial year. (13) A council must, after declaring the relevant levy, furnish to any regional landscape board from which it is seeking to recover costs, an invoice that sets out the amount that the council is claiming, and the calculations used by the council to determine the amount. (14) A council should, except in a case involving extraordinary administrative difficulty, furnish an invoice under subregulation (13) by 31 March in the financial year with respect to which the relevant regional landscape levy is imposed (starting with March 2021). (15) A regional landscape board must, within 30 days after receiving an invoice under subregulation (13) (treating each category of costs claimed separately)— (a) pay the amount claimed by the council; or (b) if the board considers that a claim is excessive and should therefore be reviewed—refer the matter to the Minister so that the Minister may determine what is a reasonable claim taking into account the scheme set out in this regulation. (16) The Minister must make a determination within 60 days after a matter is referred under subregulation (15) (and a determination of the Minister will have effect as a determination of the fair costs of the relevant council). (17) An assessment of levy under subregulation (5)(b) or (7)(b) will be determined according to assessments as they exist at the time that the council declares its levy with respect to the relevant financial year. (18) An amount specified by this regulation that is followed by the word (indexed) must be adjusted with respect to each financial year, beginning with the 2021/2022 financial year, by multiplying the amount by a proportion obtained by dividing the CPI for the September quarter of the immediately preceding financial year by the CPI for the September quarter 2019, on the basis that the quotient used for the purposes of the adjustment will be calculated to 2 decimal places and that the amount obtained from the adjustment will be rounded— (a) in the case of an amount specified in dollars—to the nearest dollar; and (b) in the case of an amount expressed in cents—to the nearest cent. 15—Contributions by constituent councils—rateable land divided by boundaries of 2 or more landscape management regions or councils (section 73 of Act) (1) The following scheme applies for the purposes of section 73 of the Act: (a) if a piece of rateable land within the area of a council is divided by the boundaries of 2 or more landscape management regions, the whole of the land will be taken to be assigned to the landscape management region in which the larger (or, in the case of more than 2 landscape management regions, the largest) portion of the land is located (the assigned landscape management region); (b) if— (i) a piece of rateable land is divided by the boundaries of 2 or more councils; and (ii) the regional landscape levy imposed by at least 1 of those councils is based on a fixed charge under section 69(3) of the Act, the whole of the land will be taken to be assigned to the council area in which the larger (or, in the case of more than 2 council areas, the largest) portion of the land is located (the assigned council area); (c) if, in the opinion of the Minister, the application of a preceding paragraph (or both) has, in a particular case, resulted in— (i) uncertainty or disagreement as to which council area is the assigned council area or which landscape management region is the assigned landscape management region; or (ii) an excessively disproportionate burden falling on the council for the assigned council area, the Minister may make a determination as to the assignment on such basis, and following such consultation (if any) with the Valuer‑General or any other person or body, as the Minister thinks fit. (2) For the purposes of this regulation, a reference to a piece of rateable land includes a reference to 2 or more pieces of contiguous rateable land owned by the same owner and occupied by the same occupier. Division 2—Levies in respect of land outside council areas 16—Exclusions of certain land from operation of section 71 of Act Pursuant to section 71(3) of the Act, land outside council areas of the following classes is excluded from the operation of section 71 of the Act: (a) unalienated Crown land; (b) land used or held by the Crown or an instrumentality of the Crown for a public purpose (including an educational purpose), except any such land that is held or occupied by the Crown or instrumentality under a lease or licence; (c) land that is exempt from rates or taxes under the Recreation Grounds Rates and Taxes Exemption Act 1981; (d) land occupied or held by an emergency services organisation under the Fire and Emergency Services Act 2005; (e) land that is exempt from the operation of section 71 under another Act; (f) land that constitutes less than the whole of a single allotment. 17—Outside council areas—differential levies (section 71 of Act) For the purposes of section 71(5) of the Act, differential levies may be declared, in relation to an area of rateable land referred to in section 71(4)(d) of the Act, by multiplying the factor specified in column 2 of the following table for the area of rateable land specified in column 1 with such minimum amount payable by way of a levy as may be fixed by a regional landscape board under section 71(7) of the Act.