Div 3The Native Vegetation Fund

Division 3—The Native Vegetation Fund 21—The Fund (1) The Native Vegetation Fund is established. (2) The Fund is subject to the management and control of the Council. (3) The Fund consists of— (a) money appropriated by Parliament for the purposes of the Fund; and (b) fees payable in respect of applications to the Council to clear native vegetation; and (c) amounts paid into the Fund in accordance with a condition under section 29(11)(d); and (ca) expiation fees and penalties recovered in respect of offences against this Act; and (cb) amounts paid into the Fund in accordance with an order under section 31A(6)(f) or (g); and (cc) amounts paid into the Fund in accordance with an order under section 31EA; and (cd) amounts paid into the Fund in accordance with any provision made by the regulations; and (d) interest and accretions arising from investment of the Fund. (3a) If an application to clear native vegetation is made to a local council or other body corporate or other person acting under delegation from the Council, the prescribed fee paid by the applicant under section 28(3)(b)(ii)(C) (excluding the fee prescribed for the report referred to in section 28(3)(b)(ii)(A)) may be retained by the local council or other body or person. (4) The Fund may, with the approval of the Minister, be invested in a manner determined by the Council. (5) The Council may make payments from the Fund in accordance with this Act. (6) Money paid into the Fund under subsection (3)(c), (ca), (cb), (cc) or (cd) must, as far as practicable, be used— (a) to preserve and maintain native vegetation on land that is within the same region of the State as the relevant land (including preserving and maintaining native vegetation referred to in paragraph (b)); or (b) to establish or regenerate native vegetation on land that is within the same region of the State as the relevant land and that has been selected by the Council for that purpose after having regard to the Regional Biodiversity Plan or Plans (if any) approved by the Minister that apply within that region. (6a) However, the Council may use the money referred to in subsection (6) to establish, regenerate or maintain native vegetation in a region of the State other than the region where the relevant land is located if— (a) the Council is satisfied that the environmental benefit to be achieved in the other region will outweigh the value of achieving a significant environmental benefit within the region where the relevant land is located; and (b) the native vegetation includes or supports— (i) plants of a rare, vulnerable or endangered species; or (ii) plants that provide habitat for rare, vulnerable or endangered species of native animals; or (iii) the whole, or a part, of a plant community that is rare, vulnerable or endangered; or (iv) a significant remnant of vegetation in an area which has been extensively cleared; and (c) the establishment, regeneration or maintenance of the native vegetation is carried out in accordance with guidelines adopted under section 25 that apply to such establishment, regeneration or maintenance. (6b) For the purposes of making an assessment under this section as to whether 2 or more places are within the same region of the State, the Council may take into account such matters as it thinks fit. (6c) To avoid doubt, nothing in this section prevents the Council from making a payment from the Fund to the person or body who paid the money into the Fund so that the person or body can establish, regenerate or maintain native vegetation in accordance with this Act. relevant land means— (a) in a case where subsection (3)(c) applies—land that is to be cleared under the consent to which the relevant condition relates; (b) in a case where subsection (3)(ca), (cb) or (cc) applies—land on which the native vegetation involved in the offence or breach of the Act by virtue of which the relevant amount became payable was grown or was situated; (c) in a case where subsection (3)(cd) applies—land on which the native vegetation that is relevant to the operation of the particular regulation was grown or was situated. 22—Accounts and audit (1) The Council must keep proper accounts of receipts and payments in relation to the Fund. (2) The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund.