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Native Vegetation Act 1991
Sch 2Transitional provisions
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Schedule 2—Transitional provisions
2 (1) Where an application made on or before 12 February 1991 to the Native Vegetation Authority under the repealed Act for consent to clear native vegetation had not been determined by the Authority before the repeal of Part 5 of the repealed Act—
(a) the repealed Act will continue to apply to, and in relation to, that application to the exclusion of this Act; and
(b) where the application is refused or is granted subject to conditions, Part 5 of the repealed Act will apply for the benefit of the owner of the land but a claim for the payment of money under that Part must be made within two years of the Authority's decision on which the claim is based.
(2) Where an application made on or after 13 February 1991 to the Native Vegetation Authority under the repealed Act for consent to clear native vegetation had not been determined by the Authority at the commencement of this Act, the repealed Act (excluding Part 5) will continue to apply to, and in relation to, that application to the exclusion of this Act.
(3) A person who, immediately before the repeal of Part 5 of the repealed Act, had the right—
(a) to claim the payment of money under that Part; or
(b) to require the Minister to enter into a heritage agreement and then claim the payment of money under that Part,
is entitled to exercise those rights within two years of the repeal of that Part.
(4) A condition attached to the Authority's consent granted under the repealed Act (whether before or after the commencement of this Act) may be enforced under this Act as if it were attached to consent granted under this Act.
(5) The Native Vegetation Authority continues in existence as if the repealed Act had not been repealed for the purpose of administering the repealed Act (whether pursuant to section 16 of the Acts Interpretation Act 1915 or to this clause) and, if necessary, new appointments may be made to it.
3 The party to heritage agreements made before the commencement of this Act and referred to in those agreements as "the Minister" will, after the commencement of this Act, be taken to be the Minister who is, for the time being, responsible for the administration of this Act.
4 (1) The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.
(2) A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this subclause or from a later day.
(3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
Legislative history
Notes
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Repeal of Act
The Native Vegetation Act 1991 will be repealed by Sch 5 cl 105 of the Biodiversity Act 2025.
Legislation repealed by principal Act
The Native Vegetation Act 1991 repealed the following:
Native Vegetation Management Act 1985
Legislation amended by principal Act
The Native Vegetation Act 1991 amended the following:
South Australian Heritage Act 1978
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Native Vegetation Act 1991
18.4.1991
18.4.1991 (Gazette 18.4.1991 p1294)
Heritage Act 1993
27.5.1993
15.1.1994 (Gazette 27.10.1993 p1890)
Development (System Improvement Program) Amendment Act 2000 as amended by 44/2002
21.12.2000
Sch 1 (cl 4)—21.12.2002 (s 7(5) Acts Interpretation Act 1915)
Statutes Amendment (Avoidance of Duplication of Environmental Procedures) Act 2001
17.5.2001
Pt 5 (s 7)—14.6.2001 (Gazette 14.6.2001 p2221)
Native Vegetation (Miscellaneous) Amendment Act 2002
12.12.2002
19.12.2002 (Gazette 19.12.2002 p4736) except ss 3(b), (d)—(f), 4—14, 16—19, 21—24, s 33F(1), (4)(a), (5), (6)(a) & (7) (as inserted by s 29), 32, 35, 36 and Sch—25.8.2003 (Gazette 21.8.2003 p3276)
River Murray Act 2003
31.7.2003
Sch (cl 15)—24.11.2003 (Gazette 20.11.2003 p4203)
Statutes Amendment (Courts) Act 2004
8.7.2004
Sch 1—1.9.2004 (Gazette 26.8.2004 p3402)
Natural Resources Management Act 2004
5.8.2004
Sch 4 (cll 26(1) & 27(1), (2))—2.9.2004 (Gazette 2.9.2004 p3545); Sch 4 (cll 24, 25, 26(2)—(4), 27(3)—(5) & 28)—1.7.2005 (Gazette 30.6.2005 p2093)
Adelaide Dolphin Sanctuary Act 2005
14.4.2005
Sch 2 (cll 49—53)—1.7.2005 (Gazette 2.6.2005 p1684)
Statutes Amendment (Environment and Conservation Portfolio) Act 2005
9.6.2005
Pt 4 (ss 25 & 26) & Sch 4—23.6.2005 (Gazette 23.6.2005 p1901)
Statutes Amendment (New Rules of Civil Procedure) Act 2006
6.7.2006
Pt 53 (s 171)—4.9.2006 (Gazette 17.8.2006 p2831)
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 96 (ss 226—229)—1.2.2010 (Gazette 28.1.2010 p320)
Native Vegetation (Miscellaneous) Amendment Act 2013
5.12.2013
20.12.2013 except ss 11 & 14—7.7.2014 (Gazette 19.12.2013 p4926) and except ss 10(2), (3), 12 & 15—17—3.12.2015 (Gazette 26.11.2015 p5108)
Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015
18.6.2015
Pt 25 (ss 145—149)—1.7.2015 (Gazette 25.6.2015 p3076)
Real Property (Electronic Conveyancing) Amendment Act 2016
16.6.2016
Sch 2—4.7.2016 (Gazette 30.6.2016 p2761)
Statutes Amendment (Planning, Development and Infrastructure) Act 2017
28.2.2017
Pt 20 (ss 57 to 59)—19.3.2021 (Gazette 4.3.2021 p823)
Landscape South Australia Act 2019
21.11.2019
Sch 5 (cll 51 to 56)—1.7.2020 (Gazette 25.6.2020 p3502)
Supreme Court (Court of Appeal) Amendment Act 2019
19.12.2019
Sch 1 (cl 68)—1.1.2021 (Gazette 10.12.2020 p5638)
Unclaimed Money Act 2021
25.11.2021
Sch 1 (cl 12)—25.11.2023 (s 27(6) Legislation Interpretation Act 2021)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
Pt 1
s 2
s 3
s 3(1)
Adelaide Dolphin Sanctuary
inserted by 5/2005 Sch 2 cl 49(1)
biological diversity
deleted by 20/2005 s 25
biological diversity or biodiversity
inserted by 20/2005 s 25
breach
inserted by 44/2002 s 3(a)
amended by 80/2013 s 4(1)
building
inserted by 44/2002 s 3(a)
conciliator
deleted by 44/2002 s 3(b)
ERD Court
inserted by 44/2002 s 3(c)
heritage agreement
deleted by 56/1993 Sch 2
landscape management region
inserted by 33/2019 Sch 5 cl 51(1)
Minister for the Adelaide Dolphin Sanctuary
inserted by 5/2005 Sch 2 cl 49(2)
land
substituted by 44/2002 s 3(d)
Murray-Darling Basin
inserted by 35/2003 Sch cl 15(a)
native vegetation
amended by 44/2002 s 3(e)
amended by 35/2003 Sch cl 15(b)
amended by 80/2013 s 4(2), (3)
NRM region
inserted by 34/2004 Sch 4 cl 24(1)
deleted by 33/2019 Sch 5 cl 51(2)
owner
amended by 44/2002 s 3(f), Sch
River Murray Protection Area
inserted by 35/2003 Sch cl 15(c)
soil conservation district
deleted by 34/2004 Sch 4 cl 24(2)
s 3A
inserted by 44/2002 s 4
s 4
s 4(2)
substituted by 44/2002 s 5
amended by 80/2013 s 5(1)
amended by 5/2017 s 57
s 4(2a)
inserted by 44/2002 s 5
s 4(2ab)
inserted by 80/2013 s 5(2)
s 4(2b)—(2c)
inserted by 44/2002 s 5
s 4A
inserted by 80/2013 s 6
Pt 2
s 6
amended by 44/2002 s 6
Pt 3
Pt 3 Div 1
s 8
s 8(1)
amended by 44/2002 s 7, Sch
amended by 34/2004 Sch 4 cl 25
amended by 80/2013 s 7(1), (2)
amended by 8/2015 s 145(1), (2)
amended by 33/2019 Sch 5 cl 52
s 8(3)
amended by 80/2013 s 7(3)
s 8(5)
s 8(6)
amended by 8/2015 s 145(1)
s 8(8)
inserted by 80/2013 s 7(4)
s 9
s 9(1)
s 9(2)
amended by 80/2013 s 8
s 9(3)
s 10
amended by 8/2015 s 147
s 11
s 11(2)
s 12
s 12(2) and (3)
deleted by 84/2009 s 226
s 13
substituted by 84/2009 s 227
s 14
s 14(1)
s 14 amended by 88/2000 Sch 1 cl 4(c), (d)
21.12.2002
s 14 amended and redesignated as s 14(1) by 44/2002 s 8(a), (b)
amended by 5/2017 s 58
s 14(2)
inserted by 44/2002 s 8(b)
substituted by 80/2013 s 9
amended by 33/2019 Sch 5 cl 53
s 14(3)
inserted by 44/2002 s 8(b)
s 15
s 15(5a) and (5b)
inserted by 44/2002 s 9
s 15(6) and (7)
s 15(8)
inserted by 35/2003 Sch cl 15(d)
s 15(9)
inserted by 5/2005 Sch 2 cl 50
s 16
s 16(1)
amended by 8/2015 s 148
s 16(2)
substituted by 84/2009 s 228
s 16(3)
substituted by 84/2009 s 228
Pt 3 Div 2
deleted by 44/2002 s 10
Pt 3 Div 3
s 21
s 21(3)
amended by 44/2002 s 11(a)
amended by 80/2013 s 10(1)
s 21(3a)
inserted by 44/2002 s 11(b)
amended by 80/2013 s 10(2), (3)
s 21(6)
substituted by 44/2002 s 11(c)
substituted by 80/2013 s 10(4)
s 21(6a)—(6c)
inserted by 80/2013 s 10(4)
s 21(7)
inserted by 44/2002 s 11(c)
amended by 80/2013 s 10(5)
relevant land
amended by 80/2013 s 10(6), (7)
Pt 4
heading substituted by 44/2002 s 12
Pt 4 Div 1
heading inserted by 44/2002 s 12
s 23
substituted by 56/1993 Sch 2
s 23(1)
substituted by 44/2002 s 13
s 23A
s 23A(3)
s 23B
s 23B(3)
amended by 44/2002 s 14
s 23C
deleted by 44/2002 s 15
Pt 4 Div 2
inserted by 44/2002 s 16
Pt 4 Div 3
heading inserted by 44/2002 s 17
s 24
s 24(1a)
inserted by 44/2002 s 18(a)
s 24(4)
amended by 44/2002 s 18(b)
s 25
s 25(1)
substituted by 34/2004 Sch 4 cl 26(1)
amended by 80/2013 s 11(1), (2)
s 25(2)
amended by 44/2002 s 19(a)
amended by 35/2003 Sch cl 15(e)
amended by 34/2004 Sch 4 cl 26(2)
(d) deleted by 34/2004 Sch 4 cl 26(3)
amended by 80/2013 s 11(3), (4)
amended by 33/2019 Sch 5 cl 54(1)
s 25(3a)
inserted by 35/2003 Sch cl 15(f)
s 25(3b)
inserted by 5/2005 Sch 2 cl 51(1)
s 25(4)
amended by 44/2002 s 19(b)
s 25(5a) and (5b)
inserted by 44/2002 s 19(c)
s 25(5c)
inserted by 44/2002 s 19(c)
substituted by 35/2003 Sch cl 15(g)
substituted by 34/2004 Sch 4 cl 26(4)
substituted by 5/2005 Sch 2 cl 51(2)
amended by 33/2019 Sch 5 cl 54(2)
Pt 4A
inserted by 80/2013 s 12
Pt 5
heading substituted by 44/2002 Sch
Pt 5 Div 1
s 26
s 26(1)
amended by 44/2002 s 20(a)
amended by 80/2013 s 13(1)
s 26(2)
amended by 44/2002 s 20(a)
amended by 80/2013 s 13(2)
s 26(2a)
inserted by 44/2002 s 20(b)
s 26(3)
the prescribed period
inserted by 44/2002 s 20(c)
amended by 80/2013 s 13(3)
the prescribed rate
s 27
s 27(1)
s 27 amended and redesignated as s 27(1) by 44/2002 s 21(a)—(c)
amended by 80/2013 s 14(1)
s 27(2)—(4)
s 27(4a)—(4d)
inserted by 80/2013 s 14(2)
s 27(5)
amended by 80/2013 s 14(3), (4)
s 27(6)
s 27(7)
inserted by 80/2013 s 14(5)
s 28
s 28(2)
s 28(3)
amended by 44/2002 s 22(a), (b)
amended by 80/2013 s 15(1)
s 28(4)
amended by 80/2013 s 15(2)
s 28(5)
amended by 80/2013 s 15(3)
s 28(6)
amended by 80/2013 s 15(4)
s 28(7)
amended by 80/2013 s 15(5)
s 29
s 29(1)
amended by 34/2004 Sch 4 cl 27(1)
s 29(4a)
inserted by 34/2004 Sch 4 cl 27(2)
s 29(4b)
inserted by 80/2013 s 16(1)
s 29(5)
substituted by 34/2004 Sch 4 cl 27(3)
substituted by 33/2019 Sch 5 cl 55
s 29(7)
deleted by 34/2004 Sch 4 cl 27(4)
s 29(8)
substituted by 34/2004 Sch 4 cl 27(5)
s 29(9a)
inserted by 35/2003 Sch cl 15(h)
s 29(9b) and (9c)
inserted by 5/2005 Sch 2 cl 52
s 29(10)
substituted by 44/2002 s 23(a)
s 29(11)
substituted by 44/2002 s 23(a)
amended by 20/2005 s 26(1)
s 29(12)
deleted by 44/2002 s 23(a)
inserted by 20/2005 s 26(2)
s 29(12a) and (12b)
inserted by 80/2013 s 16(2)
s 29(15)
deleted by 44/2002 s 23(b)
s 29(17)
inserted by 88/2000 Sch 1 cl 4(e)
21.12.2002
amended by 5/2017 s 59
s 29A
inserted by 16/2001 s 7
14.6.2001
s 29A(2)
amended by 80/2013 s 17
s 30
substituted by 44/2002 s 24
s 30A
inserted by 44/2002 s 24
Pt 5 Div 2
s 31
substituted by 44/2002 s 25
deleted by 80/2013 s 18
s 31A
s 31A(4)
amended by 17/2006 s 171
4.9.2006
ss 31B—31D
s 31E
s 31E(3)
substituted by 80/2013 s 19(1)
s 31E(4)
amended by 80/2013 s 19(2)
s 31E(9)
amended by 80/2013 s 19(3)
s 31EA
inserted by 80/2013 s 20
s 31F
s 32
s 32(1)
amended by 44/2002 s 26
amended by 45/2019 Sch 1 cl 68
s 32(2)
amended by 45/2019 Sch 1 cl 68
s 33 before substitution by 80/2013
s 33(1)
amended by 44/2002 s 27
s 33
substituted by 80/2013 s 21
Pt 5 Div 3
inserted by 44/2002 s 28
s 33A
s 33A(2)
(b) deleted by 80/2013 s 22(1)
s 33A(3)
(b), (c), (d) deleted by 80/2013 s 22(2)
s 33A(7) and (8)
deleted by 84/2009 s 229
s 33D
s 33D(2)
amended by 80/2013 s 23
Pt 5A
inserted by 44/2002 s 29
expired: s 33G—omitted under Legislation Revision and Publication Act 2002
(1.1.2007)
Pt 5B
inserted by 44/2002 s 29
s 33I
s 33I(10)
amended by 45/2021 Sch 1 cl 12
25.11.2023
s 33I(14)
amended by 20/2005 Sch 4
deleted by 29/2016 Sch 2
4.7.2016
Pt 6
s 33J before substitution by 80/2013
inserted by 44/2002 s 30
amended by 23/2004 Sch 1
1.9.2004
s 33J
substituted by 80/2013 s 24
s 33K
inserted by 80/2013 s 24
s 34
s 34(1)
amended by 44/2002 s 31(a)
s 34(2)
amended by 44/2002 s 31(a), (b)
s 34(3)
amended by 44/2002 s 31(a)
s 34(3a)
inserted by 44/2002 s 31(c)
s 34(4)
s 34(5)—(8)
inserted by 80/2013 s 25
s 35
s 35(1)
substituted by 44/2002 Sch
substituted by 80/2013 s 26(1)
s 35(2)
s 35(3)
deleted by 80/2013 s 26(2)
s 35(5)
inserted by 44/2002 s 32
s 36
amended by 56/1993 Sch 2
substituted by 44/2002 s 33
s 37
deleted by 44/2002 s 34
ss 40A and 40B
inserted by 44/2002 s 35
s 41 before substitution by 80/2013
s 41(2)
amended by 44/2002 s 36
s 41(3)
amended by 35/2003 Sch cl 15(i)
s 41
substituted by 80/2013 s 27
Sch 1
cl 1
amended by 35/2003 Sch cl 15(j)
amended by 34/2004 Sch 4 cl 28
amended by 5/2005 Sch 2 cl 53
amended by 33/2019 Sch 5 cl 56
Sch 2
cl 1
cl 4
inserted by 8/2015 s 149
Sch 3
Historical versions
Reprint No 1—15.1.1994
Reprint No 2—14.6.2001
Reprint No 3—21.12.2002
Reprint No 4—25.8.2003
Reprint No 5—24.11.2003
1.9.2004 (electronic only)
23.6.2005 (electronic only)
4.9.2006
4.7.2016