Div 2Approval by the Council of proposal for revegetation

Division 2—Approval by the Council of proposal for revegetation 23D—Application of Division This Division applies to native vegetation if— (a) the Council has declared that this Division applies to the vegetation under section 23E; or (b) the vegetation is established pursuant to a proposal approved by the Council under section 23F. 23E—Declaration in relation to existing vegetation The Council may, on the application of the owner of land that has been revegetated with plants of one or more species indigenous to South Australia, declare that this Division applies to the vegetation if, in its opinion, the value of the vegetation is sufficient to warrant the application of the controls against clearance under Part 5. 23F—Proposal for revegetation of land An owner of land who wishes to revegetate the land with plants of one or more species indigenous to the local area that will be representative of a naturally occurring plant community may submit the proposal to the Council for approval. 23G—Information required on application or submission The landowner's application under section 23E or submission under section 23F must be in a form approved by the Council and must include, or be accompanied by, such information as the Council requires. 23H—Decision by the Council (1) If, in the opinion of the Council after having regard to the Regional Biodiversity Plan or Plans (if any) prepared by the Minister, and associated pre-European vegetation mapping (if any) undertaken by the Minister, that apply in the vicinity of the relevant land, and any other matter considered relevant by the Council, the value of the native vegetation referred to in section 23E or 23F is, or will be, sufficient to warrant application of the controls against clearance under Part 5, it may make a declaration in relation to the vegetation under section 23E or approve the proposal under section 23F. (2) The Council may, if it thinks it appropriate to do so, vary or revoke a declaration or approval made or given under this Division. 23I—Noting of Council's approval against the title to the land (1) Where the Council has made a declaration or given its approval under this Division, it must inform the Registrar-General in writing of the declaration or approval and must provide the Registrar-General with such further information as he or she requires to comply with subsection (3). (2) However, the Council need not proceed to inform the Registrar-General of an approval under section 23F until the Council is satisfied that it is appropriate to do so in accordance with the terms of the approval. (3) The Registrar-General must note the declaration or approval against the relevant instrument of title for the land or, in the case of land not under the Real Property Act 1886, against the land. (4) The Registrar-General must, on application by the Council after the making of a decision under section 23H(2), vary or cancel a note under subsection (3) (but must otherwise ensure that the note is not removed once made). Division 3—Financial and other assistance 24—Assistance to landowners (1) An owner of land that is subject to a heritage agreement may apply to the Council for financial or other assistance in— (a) managing the land, native vegetation on the land or any animals living on or visiting the land; (b) preserving or enhancing native vegetation on the land; (c) establishing native vegetation on the land; (d) undertaking research in relation to the preservation, enhancement or management of native vegetation on the land or of animals living on or visiting the land. (1a) An owner of land in relation to which a proposal has been approved by the Council under Division 2 may apply to the Council for financial assistance in establishing native vegetation on the land in accordance with the proposal. (2) An application must be in a form approved by the Council and must set out the applicant's proposals for the application of the assistance requested by the applicant. (3) The applicant's proposals must be based on guidelines adopted by the Council under this Part. (4) The Council may grant an application for assistance subject to such conditions as it thinks fit including, in the case of an application under subsection (1), the execution of an agreement varying the heritage agreement in a manner approved by the Council. (5) Money payable by way of financial assistance under this section must be paid from the Fund. (6) Where, in the opinion of the Council, a person to whom the Council has granted financial assistance under this section— (a) contravenes or fails to comply with a condition attached to the grant of the assistance; or (b) fails, within a reasonable time, to apply the amount granted for the purpose for which it was granted, the Council may serve written notice on that person demanding repayment of the amount granted or such lesser amount as is specified in the notice. (7) An amount demanded by the Council under subsection (6) is a debt due by the person from whom it is demanded to the Council and upon recovery must be paid by the Council into the Fund. (8) A court that is considering a claim for payment of a debt referred to in subsection (7) may refuse to order payment of all or part of the amount claimed if, in its opinion, the person to whom the financial assistance was granted has applied it in accordance with the conditions on which it was granted or in accordance with what he or she genuinely believed to be the conditions on which it was granted. 25—Guidelines for the application of assistance and the management of native vegetation (1) The Council must prepare draft guidelines in relation to— (a) the application of financial and other assistance provided by the Council; and (b) the management of native vegetation; and (ba) the establishment, regeneration or maintenance of native vegetation under section 21(6a); and (c) the operation of section 29(4a); and (d) clearing vegetation by the process commonly known as a cold burn; and (e) any other matter required by the regulations. (2) After preparation of the draft guidelines the Council must— (a) by public advertisement, invite members of the public to make representations to the Council (within a period of not less than two months following publication of the advertisement) as to matters that should be addressed by the guidelines; and (ab) submit the guidelines to the Minister for comment; and (b) submit the guidelines for comment by the regional landscape board for the landscape management region to which the guidelines relate; and (c) where the guidelines relate to pastoral land, submit the guidelines to the Pastoral Board for comment; and (e) where the guidelines relate to land within the area of a local council, submit the guidelines to the Local Government Association of South Australia for comment; and (f) submit the guidelines to Primary Producers SA Incorporated and to the Conservation Council of South Australia Incorporated for comment; and (g) where the guidelines relate to land within the Murray-Darling Basin, submit the guidelines to the Minister to whom the administration of the River Murray Act 2003 is committed for comment. (3) The public advertisement referred to in subsection (2)(a) must— (a) specify an address at which copies of the draft guidelines may be purchased or inspected; (b) specify an address to which representations in connection with the draft guidelines may be forwarded. (3a) Where the guidelines relate to land within the Murray-Darling Basin, the guidelines must seek to further the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under the River Murray Act 2003 (insofar as they may be relevant). (3b) Where the guidelines relate to land within the Adelaide Dolphin Sanctuary, the guidelines must seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005 (insofar as they may be relevant). (4) The Council may adopt the draft guidelines with, or without, amendment but must, before adopting them, consider all representations made by members of the public and comments made pursuant to subsection (2). (5) The Council must, by public advertisement, specify an address at which copies of guidelines adopted by the Council may be purchased or inspected. (5a) The Council may, by following the procedures required by this section for the preparation and adoption of the initial guidelines, prepare and adopt guidelines varying or replacing guidelines previously adopted under this section. (5b) Where the Council thinks it is desirable to take the time to consult on proposed guidelines in more detail than is required by this section, it may prepare and adopt guidelines under this section as an interim measure with the intention of varying or replacing them if necessary after it has had time for further consultation. (5c) For the purposes of this section, draft guidelines in relation to the application of financial and other assistance will only be taken to relate to a landscape management region, pastoral land, the Murray-Darling Basin or the Adelaide Dolphin Sanctuary if the guidelines explicitly state that they do. (6) In this section— public advertisement means an advertisement published in the Gazette and in a newspaper circulating throughout the State.