Native Vegetation Regulations 2017 (South Australia)

The Native Vegetation Regulations 2017 (SA) prescribe when and how native vegetation may be cleared under the Native Vegetation Act 1991 (the Act), and set process, approval and compliance mechanics that operate alongside other South Australian and Commonwealth statutes. The Regulations specify: (a) definitions and the geographic application of the Act (reg 3, reg 4A, Schedule A1); (b) the mitigation hierarchy that applicants and decision‑makers must apply (reg 5); (c) categories of permitted clearance, divided into clearance without conditions, clearance for fire hazard reduction, clearance under vegetation management plans, clearance subject to risk assessment, and special provisions for particular mapped sites (Part 3 and Schedule 1; regs 7-23A; Schedules 1, 2 and 2A); (d) the role of the Council (the Native Vegetation Council implied by the Act) in making guidelines, approving management plans and imposing conditions (regs 6, 11, 18-22); (e) the role of the Chief Officer of the South Australian Country Fire Service in approving certain fire hazard clearances (regs 9-10, Schedule 1 Part 2); (f) the procedural requirements for applications, forms, notification and third‑party reports, including fee rules (regs 18, 24, 26 and Schedule 3); (g) the mechanism by which a landowner or developer may instead make a payment into the Fund to achieve a “significant environmental benefit” (regs 13-16, 20, 23, 23A); and (h) enforcement levers and criminal/pecuniary penalties for non‑compliance with conditions and for furnishing false or misleading information (regs 22 and 28; Schedule 3).

Mechanically, the Regulations operate by (1) listing many specific circumstances in Schedule 1 where clearance is permitted either automatically or after notification or approval; (2) requiring adherence to the mitigation hierarchy and any Council guidelines when clearance is proposed (regs 5 and 7(2)); (3) allowing the Council to require management plans and to approve or refuse them, with the obligation that approved plans produce a significant environmental benefit where mandated (regs 11, 13-16, 20); and (4) permitting alternative compliance by payment into the Fund in many cases, with the quantum of that payment left to the Council or, in limited provisions, the State Coordinator‑General (regs 13(2), 14(2), 15(3), 16(2), 23). The Regulations also create procedural rights for public representation when an application is made (reg 18(3)(b)) and require the Registrar‑General to note conditions binding on title where the Council so directs (reg 20(2)).

South Australia Native Vegetation Regulations 2017 under the Native Vegetation Act 1991

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Definition of native vegetation—dead plants 4A Application of Act 5 Mitigation hierarchy Part 2—Guidelines 6 Guidelines to be prepared by Council Part 3—Permitted clearance of native vegetation Division 1—Permitted clearance 7 Permitted clearance Division 2—Permitted clearance without conditions 8 Permitted clearance without conditions Division 3—Fire hazard reduction 9 Clearance for fire hazard reduction 10 Approval by Chief Officer Division 4—Vegetation management 11 Vegetation management (management plans) Division 5—Risk assessment 12 Risk assessment 13 Clearance for major developments and projects 14 Clearance for mining and petroleum activities 15 Clearance for exploratory operations 16 Clearance for other activities 17 Risk to biological diversity to be considered by Council Division 6—Miscellaneous 18 Council approval 19 Matters to be considered by Council 20 Significant environmental benefit 21 Time within which permitted clearance must be undertaken 22 Conditions of approval Part 4—Clearance on certain land 23 Clearance on SA Motorsport Park land 23A Clearance on Yoorndoo Ilga Solar Project area land Part 5—Application for consent 24 Application for consent Part 6—Miscellaneous 25 Interest 26 Prescribed form (section 33C(8) of Act) 27 Service of notices 28 False or misleading information Schedule A1—Application of Act Part 1—Hundreds of Adelaide, Munno Para, Noarlunga and Yatala Part 2—Hundred of Port Adelaide Schedule 1—Prescribed circumstances in which native vegetation may be cleared (section 27(1)(b) of Act) Part 1—General (regulation 8) Division 1—Permitted clearance where notification not required 1 Vegetation within 10 metres of existing building 2 Maintenance of infrastructure 3 Maintenance of dam 4 Clearance under the Electricity Act 1996 or Emergency Management Act 2004 5 Ongoing grazing practices 6 Safety of persons and property 7 Walking tracks 8 Cultural activities 9 Regrowth 10 Firewood 11 Taking of seeds and specimens 12 Cultana training area Division 2—Permitted clearance where notification required 13 Vehicle tracks 14 Fences 15 Plant and animal control 16 Native vegetation causing natural resource management problems Part 2—CFS approval—fire hazard reduction Division 1—Fire hazard reduction 1 (regulation 9(1)) 17 Fire prevention and control 18 Clearance for the purposes of the Fire and Emergency Services Act 2005 Division 2—Fire hazard reduction 2 (regulation 9(2)) 19 Fire prevention and control (large trees) 20 Fuel reduction 21 Fuel breaks 22 Fire access tracks Part 3—Management plans—vegetation management (regulation 11) 23 Roadside or rail corridor vegetation management 24 Maintenance of existing agriculture, forestry or farming 25 Ecological restoration and management of vegetation 26 Grazing of domestic stock Part 4—Major developments and projects under Development Act 1993 (regulation 12) 27 Major projects Part 5—Mining and petroleum activities (regulation 12) Division 1—Mining operations 28 Operations Division 2—Exploratory activity 29 Exploration Division 3—Mining operations approved before 2003 30 Mining operations approved before 2003 Division 4—Private mines 31 Mining operations at private mines Part 6—Other activities (regulation 12) 32 Works on behalf of Commissioner of Highways 33 New dwelling or building 34 Infrastructure 35 Residential subdivision 36 Recreation track 37 Commercial vehicle access track exceeding 5 metres 38 New dam and expansion of dam Schedule 2—SA Motorsport Park map Schedule 2A—Yoorndoo Ilga Solar Project map Schedule 3—Notice under section 33C(8) of Act Schedule 4—Transitional provisions Part 2—Transitional provisions 2 Transitional provision Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Native Vegetation Regulations 2017. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Native Vegetation Act 1991; approved form means a form approved by the Council; building means a building or structure that is permanently fixed to land so that it cannot be moved without dismantling or destroying it and— (a) includes a transportable building if the building is connected to a sewage system or a septic tank and then is not moved after it is first connected to that sewage system or septic tank; but (b) does not include a building or structure erected or placed on land in contravention of the Development Act 1993 or a corresponding previous enactment; bushfire management plan means— (a) a plan prepared by a bushfire management committee for its bushfire management area as required under section 72B of the Fire and Emergency Services Act 2005; or (b) a plan for bushfire prevention prepared by a district bushfire prevention committee under the Fire and Emergency Services Act 2005, as in force from time to time; or (c) another plan for the management of bushfires approved by the Council or developed in accordance with a standard operating procedure determined or approved by the Council for the purposes of this definition; Development Plan means a Development Plan under the Development Act 1993; dwelling means a building or part of a building used as a self‑contained residence; fence means a fence consisting of posts and wire fixed permanently to land and designed for the purpose of controlling access by people or the movement of animals; heritage agreement means a heritage agreement under the Act or a heritage agreement that was entered into in compliance with a condition of consent to clear native vegetation under the repealed Act; infrastructure means— (a) the infrastructure, equipment, structures, works and other facilities used in or in connection with the supply of water or electricity, gas or other forms of energy, the provision of telecommunications, or the drainage, removal or treatment of waste water or sewage; or (b) roads and their supporting structures or works; or (c) ports, wharfs, jetties, railways, trams and busways; management agreement means a management agreement under section 25D of the Act; Mining Act means the Mining Act 1971, the Opal Mining Act 1995, the Petroleum and Geothermal Energy Act 2000, the Offshore Minerals Act 2000 or the Roxby Downs (Indenture Ratification) Act 1982; mitigation hierarchy—see regulation 5; natural resources has the same meaning as in the Natural Resources Management Act 2004; NRM region has the same meaning as in the Natural Resources Management Act 2004; private mine means land declared under the Mining Act 1971 to be a private mine; regional NRM board has the same meaning as in the Natural Resources Management Act 2004; revoked regulations means the Native Vegetation Regulations 2003; SACFS means the South Australian Country Fire Service; SASES means the South Australian State Emergency Service; SAMFS means the South Australian Metropolitan Fire Service. 4—Definition of native vegetation—dead plants For the purposes of paragraph (a) of the definition of native vegetation in section 3(1) of the Act, the class of plants, or parts of plants, comprising trees of a species indigenous to South Australia— (a) that have a trunk circumference (measured at a point 300 millimetres above the base of the tree) of— (i) in the case of a tree located on Kangaroo Island—1 metre or more; or (ii) in any other case—2 metres or more; and (b) that provide or have the potential to provide, or are a part of a group of trees or other plants (whether alive or dead) that provide or have the potential to provide, a habitat for animals of a listed threatened species under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, is declared to be included in that definition. 4A—Application of Act (1) Pursuant to section 4(2)(c) of the Act, the area designated in the maps set out in Schedule A1 Part 1 as an area in which the Act applies is, to the extent that the Act does not already apply in that area by virtue of section 4, prescribed for the purposes of section 4(2). (2) Pursuant to section 4(2b)(c) of the Act, the part of the Hundred of Port Adelaide designated in the maps set out in Schedule A1 Part 2 as an area in which the Act applies is, to the extent that the Act does not already apply in that area by virtue of section 4, prescribed for the purposes of section 4(2b). 5—Mitigation hierarchy The mitigation hierarchy is as follows: (a) avoidance—measures must be taken to avoid clearance of native vegetation; (b) minimisation—if clearance of native vegetation cannot be avoided, measures must be taken to minimise the duration, intensity and extent of impacts of the clearance on biological diversity to the fullest possible extent (whether the impact is direct, indirect or cumulative); (c) rehabilitation or restoration—measures should be taken to rehabilitate ecosystems that have been degraded, and to restore ecosystems that have been destroyed, by impacts of clearance of native vegetation that cannot be avoided or further minimised; (d) offset—where required under these regulations, any adverse impact on native vegetation or ecosystems that cannot be avoided or minimised must be offset by the achievement of a significant environmental benefit that outweighs that impact. Part 2—Guidelines 6—Guidelines to be prepared by Council Pursuant to section 25(1)(e) of the Act, the Council is required to prepare draft guidelines in relation to a matter for which guidelines under that section are required for the purposes of a provision of Schedule 1. Part 3—Permitted clearance of native vegetation Division 1—Permitted clearance 7—Permitted clearance (1) Pursuant to section 27(1)(b) of the Act, native vegetation may, subject to any other Act or law to the contrary, be cleared as set out in this Part. (2) A person undertaking, or intending to undertake, clearance of native vegetation under this Part must— (a) have regard to, and give effect to, the mitigation hierarchy; and (b) comply with any applicable guidelines adopted by the Council under section 25 of the Act. Division 2—Permitted clearance without conditions 8—Permitted clearance without conditions (1) Native vegetation may be cleared in any of the circumstances set out in Schedule 1 Part 1 Division 1. (2) Native vegetation may be cleared in the circumstances set out in Schedule 1 Part 1 Division 2 if the Council has been notified of the proposed clearance in the approved form or if reasonable endeavours have been made to provide such notification. (3) However, notification is not required under subregulation (2) if the purpose of the proposed clearance is to maintain an existing track or provide a strip of land on either or both sides of an existing fence (see Schedule 1 Part 1 Division 2 clauses 13 and 14). (4) The operation of this regulation extends to native vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement if a provision of Schedule 1 Part 1 setting out circumstances in which vegetation may be cleared specifies that the provision applies to such vegetation. Division 3—Fire hazard reduction 9—Clearance for fire hazard reduction (1) Native vegetation may be cleared in the circumstances set out in Schedule 1 Part 2 Division 1. (2) Native vegetation may be cleared in any of the circumstances set out in Schedule 1 Part 2 Division 2 if— (a) clearance of the vegetation is undertaken in accordance with the written approval of the Chief Officer of SACFS and any applicable bushfire management plan; and (b) the Council has been notified of the proposed clearance in the approved form. (3) The operation of this regulation extends to native vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement if a provision of Schedule 1 Part 2 setting out circumstances in which vegetation may be cleared specifies that the provision applies to such vegetation. 10—Approval by Chief Officer (1) The Chief Officer of SACFS must not grant an approval under this Division unless the Chief Officer is satisfied that the clearance of native vegetation is reasonably required or appropriate for the purpose of fire prevention or control. (2) In considering whether to grant an approval under this Division, the Chief Officer of SACFS must have regard to— (a) any applicable bushfire management plan; and (b) any standards made or approved by the Council for the purposes of this Division. Division 4—Vegetation management 11—Vegetation management (management plans) (1) Native vegetation may be cleared in any of the circumstances set out in Schedule 1 Part 3 if the clearance is undertaken in accordance with— (a) a management plan relating to the clearance that is— (i) prepared in accordance with applicable guidelines adopted by the Council under section 25 of the Act; and (ii) approved by the Council; or (b) applicable guidelines adopted by the Council under section 25 of the Act, or both, as determined by the Council. (2) The Council may, in considering whether to approve a management plan for the purposes of subregulation (1), seek and consider the advice of the regional NRM board for the NRM region where the relevant land is situated. (3) If, on consideration of an application for approval under subregulation (1), the Council, after applying the mitigation principles, is of the opinion that the clearance would be likely to result in residual significant adverse impacts despite the application of guidelines or a management plan (or both), the clearance must not be approved. (4) The operation of this regulation extends to native vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement if a provision of Schedule 1 Part 3 setting out circumstances in which vegetation may be cleared specifies that the provision applies to such vegetation. Division 5—Risk assessment 12—Risk assessment (1) Subject to this Division, native vegetation may be cleared in any of the circumstances set out in Schedule 1 Part 4, Part 5 or Part 6. (2) The operation of this regulation extends to native vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement if a provision of the relevant Part of Schedule 1 setting out circumstances in which vegetation may be cleared specifies that the provision applies to such vegetation. 13—Clearance for major developments and projects (1) Clearance of native vegetation for the purposes of a development or project of a kind specified in Schedule 1 Part 4 is permitted only if it is undertaken in accordance with— (a) the consent granted for the proposed development or project; and (b) a management plan, approved by the Council for implementation, that results in a significant environmental benefit. (2) Subregulation (1)(b) does not apply if the owner of the land (or a person acting on the owner's behalf) has made a payment into the Fund of an amount considered by the Council to be sufficient to achieve a significant environmental benefit in the manner contemplated by section 21(6) or (6a) of the Act. 14—Clearance for mining and petroleum activities (1) Clearance of native vegetation for the purposes of mining activities or operations of a kind specified in Schedule 1 Part 5 Division 1 is permitted only if it is undertaken in accordance with— (a) a management plan, approved by the Council for implementation, that results in a significant environmental benefit; and (b) in the case of operations authorised under a Mining Act—a management plan under that Act; and (c) in the case of operations authorised under the Petroleum and Geothermal Energy Act 2000—a statement of environmental objectives under that Act. (2) Subregulation (1)(a) does not apply if the person undertaking the activities or operations (or a person acting on the person's behalf) has made a payment into the Fund of an amount considered by the Council to be sufficient to achieve a significant environmental benefit in the manner contemplated by section 21(6) or (6a) of the Act. 15—Clearance for exploratory operations (1) Clearance of native vegetation for the purposes of exploratory operations of a kind specified in Schedule 1 Part 5 Division 2 is permitted only if it is undertaken in accordance with industry standards developed and endorsed by the Council for the purposes of this regulation following consultation with the Minister responsible for the administration of the Mining Act 1971 (the mining Minister). (2) Industry standards endorsed by the Council for the purposes of this regulation must— (a) be directed towards ensuring that exploratory operations will have a minimal impact on native vegetation and be conducted in a manner that will allow for immediate regrowth of any native vegetation that is cleared; and (b) adequately address any concerns raised by the mining Minister during consultation. (3) However, if there are no applicable industry standards, or if it is not possible for the applicant to undertake the operations in accordance with applicable industry standards, the clearance is permitted if— (a) the clearance is undertaken in accordance with a management plan, approved by the Council for implementation, that results in a significant environmental benefit; or (b) the person undertaking the operations makes a payment into the Fund of an amount considered by the Council to be sufficient to achieve a significant environmental benefit in the manner contemplated by section 21(6) or (6a) of the Act. 16—Clearance for other activities (1) Clearance of native vegetation for the purposes of activities of a kind specified in Schedule 1 Part 6 is permitted only if it is undertaken in accordance with— (a) the written approval of the Council; or (b) a standard operating procedure determined or approved by the Council for the purposes of this provision. (2) Authorisation to clear native vegetation under subregulation (1) is subject to— (a) a condition— (i) that the clearance of native vegetation is to be undertaken in accordance with a management plan, approved by the Council for implementation, that results in a significant environmental benefit; or (ii) that the person undertaking the operations is to make a payment into the Fund of an amount considered by the Council to be sufficient to achieve a significant environmental benefit in the manner contemplated by section 21(6) or (6a) of the Act, as determined by the Council; and (b) such other conditions as the Council thinks fit. (3) Clearance of native vegetation for the purposes of activities of a kind specified in Schedule 1 Part 6 is permitted only if any conditions that apply to the approval are complied with. 17—Risk to biological diversity to be considered by Council When making a determination for the purposes of regulation 16 as to— (a) the information to be provided by an applicant for approval to clear land; or (b) whether approval should be granted and, if so, the conditions (if any) of the approval, the Council must make an assessment of, and have regard to, the level of risk to biological diversity conservation presented by the clearance proposal. Division 6—Miscellaneous 18—Council approval (1) An application to the Council in connection with a proposal to clear native vegetation (including an application for approval to clear native vegetation) must be made in the approved form. (2) For the purposes of this Part (and without limiting any other provision), the Council may— (a) require a person making an application to provide to the Council a report in the approved form relating to the proposed clearance prepared by an agency, instrumentality, person or body approved by the Council as an entity that may prepare a report of the relevant kind; or (b) require a person making an application to provide to the Council such additional information as the Council reasonably requires to determine the application; or (c) direct that information to be provided to the Council be in a form determined by the Council (after consulting with any relevant person as the Council thinks fit); or (d) direct that a person comply with any other requirement determined by the Council (including a requirement as to the form or content of any plan or other document). (3) If an application is made to the Council for approval to clear native vegetation, the Council— (a) must ensure that a copy of any report provided under subregulation (2)(a) is available for inspection, without fee, during ordinary office hours at the principal office of the Council, and is also available in any other manner, or at any other place, determined by the Minister; and (b) must allow any person who desires to do so to make representations in writing to the Council, within 28 days of the day on which the application is received, in relation to the granting or refusal of approval; and (c) may, as it thinks fit, allow a person to appear personally or by representative before it to be heard on whether the Council should or should not approve the application. (4) If a person is required by the Council to provide a report under subregulation (2)(a), the Council may also require the person to pay a fee for the preparation of the report. (5) The fee (if any) payable under subregulation (4) is the Minister's estimate of the reasonable cost of preparing the report after consultation with the Council. 19—Matters to be considered by Council (1) The Council must, when exercising a power or making a decision under this Part— (a) apply the mitigation hierarchy; and (b) consider, and aim to minimise, potential impacts on biological diversity arising from any proposed clearance of native vegetation; and (c) consider, and aim to minimise, potential impacts on soil, water and other natural resources arising from any proposed clearance of native vegetation; and (d) take into consideration comments from agencies or bodies provided in response to any request for comment made by the Council; and (e) consider, and aim to minimise, impacts on— (i) species or ecological communities listed as threatened under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; or (ii) species listed as rare or threatened under the National Parks and Wildlife Act 1972; and (f) consider the potential cumulative impact, both direct and indirect, that is reasonably likely to result from a proposed clearance activity. Note— The Council is also obliged under section 14(2) of the Act to do the following when performing a function or exercising a power under the Act: • take into account, and seek to further, the objects of the Act; • take into account, and seek to further, the principles of clearance of native vegetation (insofar as they are relevant in the particular circumstances); • take into account the provisions of the State Landscape Strategy, and any other relevant regional landscape plan, under the Landscape South Australia Act 2019. In addition, the Council must not act in a manner that is seriously at variance with the principles of clearance of native vegetation. (2) The Council may, when considering an application under this Part for approval to clear vegetation, take into account the practicability and cost of any reasonable alternative to the proposed clearance. 20—Significant environmental benefit (1) If clearance of native vegetation that is growing or is situated on land is permitted under this Part subject to a condition requiring the achievement of a significant environmental benefit— (a) the benefit is to be achieved, to the satisfaction of the Council, by— (i) establishing and managing native vegetation on land as specified by the Council; or (ii) managing and protecting native vegetation that is growing or is situated on land as specified by the Council; or (iii) entering into a heritage agreement with the Minister under the Act in the terms specified by the Council for the management of specified native vegetation; or (iv) taking action in accordance with Part 4A of the Act; and (b) the Council must inform the Registrar‑General in writing of the condition and must provide the Registrar‑General with such further information as the Registrar‑General requires to comply with subregulation (2). (2) The Registrar‑General must note the condition 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. 21—Time within which permitted clearance must be undertaken (1) An approval given by the Council or the Chief Officer of the SACFS for the purposes of this Part ceases to operate— (a) 2 years after it is granted; or (b) if the Council or Chief Officer specifies, when granting the approval, a longer period (which must not be more than 5 years after the approval is granted)—at the end of that period. (2) If clearance of native vegetation permitted under these regulations is to be undertaken in accordance with a management plan, the clearance must be commenced within 2 years of the day on which the plan is approved by the Council and undertaken within any time frame specified in the plan. 22—Conditions of approval (1) A condition imposed by the Council under this Part in connection with an approval granted in relation to clearance of native vegetation is binding on, and enforceable against— (a) the person to whom the approval is granted; and (b) all owners and subsequent owners of the land to be cleared and any other land to which the condition relates; and (c) an occupier of the land to be cleared and any other person who acquires the benefit of the approval. (2) A person must not, without reasonable excuse, contravene or fail to comply with a condition imposed on an approval granted by the Council under this Part. Maximum penalty: $10 000. Part 4—Clearance on certain land 23—Clearance on SA Motorsport Park land (1) Pursuant to section 27(1)(b) of the Act, native vegetation may, subject to any other Act or law to the contrary, be cleared if— (a) the land on which the vegetation is situated is in the SA Motorsport Park; and (b) the clearance is incidental to development that has been authorised under the Development Act 1993; and (c) the clearance is undertaken in accordance with a management plan that has been approved by the State Coordinator‑General appointed under the Development Regulations 2008; and (d) the State Coordinator‑General is satisfied, after taking into account the full nature and extent of clearance that is to be undertaken on the relevant land and any commitments that have been made with respect to the establishment, restoration or maintenance of native vegetation, that— (i) there will be a significant environmental benefit on the land or within the same region of the State; or (ii) the owner of the land (or a person acting on his or her behalf) has, on application to the State Coordinator‑General to proceed with clearing the vegetation in accordance with this provision (or regulation 5(1)(zo) of the revoked regulations), made a payment into the Fund or, if the State Coordinator‑General is satisfied that it is appropriate in the circumstances, agreed to make a payment into the Fund, of an amount considered by the State Coordinator‑General to be sufficient to achieve a significant environmental benefit, in the manner contemplated by section 21(6) or (6a) of the Act, which outweighs the value of retaining the vegetation. (2) In this regulation— SA Motorsport Park means the land within the shaded area in the map set out in Schedule 2 and described as the "SA Motorsport Park Development Site". 23A—Clearance on Yoorndoo Ilga Solar Project area land (1) Pursuant to section 27(1)(b) of the Act, native vegetation may, subject to any other Act or law to the contrary, be cleared if— (a) the land on which the vegetation is situated is in the Yoorndoo Ilga Solar Project area; and (b) the clearance is incidental to a development that has been authorised under the Planning, Development and Infrastructure Act 2016; and (c) the clearance is undertaken in accordance with a management plan that has been approved by the Council; and (d) the Council is satisfied, after taking into account the full nature and extent of clearance that is to be undertaken on the relevant land and any commitments that have been made with respect to the establishment, restoration or maintenance of native vegetation, that the holder of a development authorisation (or a person acting on their behalf) has, on application to the Council to proceed with clearing the vegetation in accordance with this provision, made a payment into the Fund or, if the Council is satisfied that it is appropriate in the circumstances, agreed to make a payment into the Fund, of an amount considered by the Council to be sufficient to achieve a significant environmental benefit, in the manner contemplated by section 21(6) or (6a) of the Act, which outweighs the value of retaining the vegetation. (2) In this regulation— Yoorndoo Ilga Solar Project area means the land within the shaded area in the map set out in Schedule 2A and described as the "Yoorndoo Ilga Solar Project Development Site". Part 5—Application for consent 24—Application for consent (1) For the purposes of section 28(3)(b)(ii)(A) of the Act, the prescribed number of copies is 1. (4) The Council may remit payment of, or refund, the whole, or part, of a fee payable or paid in relation to an application for consent to clear native vegetation (including a fee for a report under section 28(3)(b)(ii)(A) of the Act). (5) For the purposes of section 28(5) of the Act, any agency, instrumentality, person or body approved by the Council as an entity that may prepare a report of the relevant kind is specified. (6) For the purposes of section 29(10)(a) of the Act, the period of 28 days from the day on which the application to clear native vegetation is received by the Council is prescribed. Part 6—Miscellaneous 25—Interest (1) Interest accrues from the end of the period referred to in section 31D(4)(a) or 31E(6)(a) of the Act at the prime bank rate for the relevant financial year. (2) Interest accrues on unpaid interest at 6 monthly intervals from the end of the period referred to in subregulation (1). (3) In this regulation— prime bank rate for a particular financial year means the corporate loan reference rate applied by the Commonwealth Bank of Australia for corporate lending on the first trading day of the Bank in that financial year. 26—Prescribed form (section 33C(8) of Act) For the purposes of section 33C(8) of the Act, the form set out in Schedule 3 is prescribed. 27—Service of notices Notice may be served under the Act on a land owner— (a) personally; or (b) by posting it to the land owner at the address of the land owner last known to the person or body serving the notice; or (c) by transmitting it by fax or email to a fax number or email address provided by the land owner (in which case the notice will be taken to have been served at the time of transmission). 28—False or misleading information A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished under the Act or these regulations. Maximum penalty: $10 000. Schedule A1—Application of Act Part 1—Hundreds of Adelaide, Munno Para, Noarlunga and Yatala

Part 2—Hundred of Port Adelaide

Schedule 1—Prescribed circumstances in which native vegetation may be cleared (section 27(1)(b) of Act) Part 1—General (regulation 8) Division 1—Permitted clearance where notification not required 1—Vegetation within 10 metres of existing building (1) Clearance of vegetation that is growing or is situated within 10 metres of an existing building for the purpose of maintaining the building. (2) Subclause (1)— (a) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement; but (b) does not apply to— (i) vegetation that is growing or is situated on land within the River Murray Floodplain Area unless the clearance— (A) involves the limb of a plant that is overhanging a building; and (B) is confined to removing the limb (or a part of the limb to any point up to the trunk of the plant); or (ii) clearance of vegetation undertaken in connection with subdivision of the land on which the vegetation is growing or is situated. (3) In this clause— River Murray Floodplain Area means the River Murray Protection Area so designated under regulation 4 of the River Murray Regulations 2003. 2—Maintenance of infrastructure (1) Clearance of vegetation where— (a) the clearance is incidental to— (i) the repair or maintenance of infrastructure; or (ii) repair or maintenance work of the Crown; and (b) 1 or both of the following applies: (i) the vegetation to be cleared— (A) is located in the vicinity of the structure that is being repaired or maintained in an area in which vegetation was previously cleared in connection with the construction, repair or maintenance of the structure; and (B) consists only of plants or parts of plants that have grown or regrown since that earlier clearance; (ii) the clearance is undertaken in accordance with a standard operating procedure determined or approved by the Council for the purposes of this provision. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. 3—Maintenance of dam Clearance of vegetation where— (a) the clearance is incidental to the repair or maintenance of an existing dam; and (b) the vegetation to be cleared— (i) is located in the vicinity of the dam in an area in which vegetation was previously cleared in connection with the construction, repair or maintenance of the dam; and (ii) consists only of plants or parts of plants that have grown or regrown since that earlier clearance. 4—Clearance under the Electricity Act 1996 or Emergency Management Act 2004 (1) Clearance of vegetation— (a) undertaken as part of the duty of an electricity entity under Part 5 of the Electricity Act 1996; or (b) incidental to any repair or maintenance work of an electricity entity within the meaning of the Electricity Act 1996; or (c) by the State Co‑ordinator or an authorised officer acting under section 25 of the Emergency Management Act 2004; or (d) undertaken in accordance with a standard operating procedure determined or approved by the Council for the purposes of this provision. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. 5—Ongoing grazing practices Clearance of vegetation by grazing domestic stock on land in a manner and at a rate that will not cause permanent degradation of the native vegetation, provided that the manner and rate of grazing is consistent with the manner in which, and the rate at which, the land has previously been grazed by domestic stock of the same species during the previous 10 years. 6—Safety of persons and property (1) Clearance of vegetation comprising a plant exceeding 2 metres in height if— (a) there is a danger that the plant will fall over or a limb or some other part of the plant will fall from it because of disease, wind damage or any other cause; and (b) there is a real risk of personal injury or damage to property if that occurs; and (c) it is not reasonably practicable to avoid the risk by avoiding the vicinity in which the plant is growing or is situated; and (d) the state of the plant has been assessed by a plant health expert or by any other person acting in an emergency situation or in any other situation that gives rise to an immediate risk of personal injury or damage to property; and (e) if the state of the plant is assessed under paragraph (d) by a plant health expert other than in an emergency situation or a situation that giving rise to an immediate risk of personal injury or damage to property—a report on the state of the plant prepared by the plant health expert who made the assessment has been provided to, and approved by, the Council; and (f) the clearance is confined to removing the limb or other part of the plant causing the danger and only extends to destroying the plant if that is necessary to remove the existing danger. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. (3) Subclause (1) does not apply to clearance of vegetation on a road reserve, rail corridor or rail reserve unless— (a) guidelines that apply to the clearance have been adopted by the Council under section 25 of the Act; and (b) the clearance is undertaken in accordance with those guidelines. (4) In this clause— plant health expert means a person holding a Certificate V in Horticulture (Arbor culture) or a comparable or higher qualification. 7—Walking tracks (1) Clearance of vegetation on private land for the purpose of establishing or maintaining a walking track of not more than 0.5 metre in width that is not, or is not intended to be, available for use by members of the public, provided that— (a) the track is used, or is genuinely expected to be used, only by pedestrians; and (b) there is no other practicable alternative (including, in the case of a new track, to the position of the track) that would involve no clearance or the clearance of less vegetation or the clearance of vegetation that is less significant or (if relevant) the clearance of vegetation that has been degraded to a greater extent than the vegetation proposed to be cleared. (2) Subclause (1) applies to clearance of vegetation on land that is subject to a heritage agreement or a management agreement. (3) Subclause (1) does not apply to— (a) clearance of vegetation on a road reserve; or (b) clearance of vegetation established as a condition of a consent for clearance of vegetation; or (c) clearance that would be contrary to— (i) a condition of a consent for clearance of vegetation; or (ii) a condition imposed in connection with clearance of vegetation permitted under these regulations; or (iii) a condition in respect of clearance permitted under the revoked regulations. 8—Cultural activities (1) Clearance of vegetation comprising the taking of a part of a plant by an Aboriginal person for non‑commercial use by the person, or by another Aboriginal person, in accordance with Aboriginal culture and tradition. (2) In this clause— Aboriginal person means a person of Aboriginal descent who is accepted as a member by a group in the community who claim Aboriginal descent. 9—Regrowth Clearance of vegetation where— (a) the land on which the vegetation is growing or is situated has been cleared lawfully within 5 years immediately before the proposed clearance occurs; and (b) the clearance is necessary to maintain the land so that it can continue to be used for the purpose for which, and to the extent to which, it had been used for that purpose within the immediately preceding 5 years; and (c) the vegetation to be cleared consists only of plants or parts of plants that have grown or have regrown in the immediately preceding 5 years. 10—Firewood (1) Clearance of vegetation that is solely for the purposes of providing firewood for use by the owner of the land on which the vegetation was growing or was situated for the purposes of domestic heating or cooking, provided that— (a) the quantity of firewood provided by the clearance when aggregated with the quantity of firewood (if any) previously provided by clearance under this clause (or a previous corresponding provision) and not yet burnt does not exceed 6 cubic metres when calculated over the immediately preceding period of 2 years; and (b) the vegetation has a stem diameter at 300 millimetres from the base of the plant of 200 millimetres or less; and (c) in the case of living vegetation—the clearance does not kill the vegetation, does not prevent regrowth and is undertaken at least 300 millimetres above the base of the plant. (2) Subclause (1) does not apply to— (a) clearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or (b) clearance that would be contrary to— (i) a condition of a consent for clearance of vegetation; or (ii) a condition imposed in connection with clearance of vegetation permitted under these regulations; or (iii) a condition in respect of clearance permitted under the revoked regulations. 11—Taking of seeds and specimens (1) Clearance of vegetation comprising— (a) the taking of a specimen; or (b) the taking of— (i) a cutting from a plant for propagation; or (ii) such part of a plant that is required in order to obtain the seeds of the plant, provided that the clearance does not cause substantial damage to the plant. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. 12—Cultana training area (1) Clearance of vegetation that is growing or is situated in the Cultana Training Area, provided that the clearance is carried out by or on behalf of, or with the authority or permission of, the Commonwealth Department of Defence or an arm of the Australian Defence Force. (2) In this clause— Cultana Training Area means the land comprised by the following: (a) the Allotment comprising Pieces 81, 82 and 83 in Deposited Plan 85852 Out of Hundreds (Port Augusta); (b) Allotment 6 in Deposited Plan 88907 Hundred of Handyside County of Manchester and Out of Hundreds (Port Augusta); (c) Sections 4, 13, 14 and 15, Hundred of Jenkins County of Manchester; (d) Allotment 7 in Deposited Plan 29397 Out of Hundreds (Port Augusta); (e) the Allotment comprising the Pieces 8, 9, 10 and 11 in Deposited Plan 29397 Out of Hundreds (Port Augusta); (f) Allotment 68 in Deposited Plan 85851 Hundred of Cultana County of York; (g) Allotment 72 in Deposited Plan 85851 Hundred of Cultana County of York; (h) the Allotment comprising Pieces 30, 31 and 32 in Deposited Plan 85850 Out of Hundreds (Whyalla), Out of Hundreds (Port Augusta) and Hundred of Cultana County of York; (i) Allotment 67 in Deposited Plan 93251, Hundred of Cultana County of York and Out of Hundreds (Port Augusta). Division 2—Permitted clearance where notification required 13—Vehicle tracks (1) Clearance of vegetation for the purpose of establishing or maintaining an existing track, that is not more than 5 metres in width, for use by vehicles having at least 4 wheels, provided that— (a) the track is reasonably required to provide access; and (b) the clearance is limited to the extent reasonably required to achieve the relevant purpose; and (c) there is no other practicable alternative (including, in the case of a new track, to the position of the track) that would involve no clearance or the clearance of less vegetation or the clearance of vegetation that is less significant or (if relevant) the clearance of vegetation that has been degraded to a greater extent than the vegetation proposed to be cleared. (2) Subclause (1) applies to clearance of vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement if the clearance is undertaken for the purpose of maintaining (but not establishing) a track. (3) Subclause (1) does not apply to— (a) clearance of vegetation on a road reserve; or (b) clearance of vegetation established as a condition of a consent for clearance of vegetation; or (c) clearance of vegetation that would be contrary to— (i) a condition of a consent for clearance of vegetation; or (ii) a condition imposed in connection with clearance of vegetation permitted under these regulations; or (iii) a condition in respect of clearance permitted under the revoked regulations; or (d) clearance of vegetation undertaken in connection with subdivision of the land on which the vegetation is growing or is situated. 14—Fences (1) Clearance of vegetation for the purpose of providing a strip of cleared land on either side or both sides of an existing fence or of a fence in the course of construction to provide access for the purpose of maintaining or establishing the fence, provided that— (a) the fence is reasonably required to control access by people or the movement of animals; and (b) the clearance is required to give reasonable access to the fence and is limited to the extent reasonably required to achieve that access; and (c) there is no other practicable alternative (including, in the case of a new fence, to the position of the fence) that would involve no clearance or the clearance of less vegetation or the clearance of vegetation that is less significant or (if relevant) the clearance of vegetation that has been degraded to a greater extent than the vegetation proposed to be cleared; and (d) if the fence is on the boundary of a person's land—the total width of the strip on either side of the fence is not more than 5 metres; and (e) if the fence is not on the boundary of a person's land—the total width of the strip is not more than 5 metres. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. (3) Subclause (1) does not apply to— (a) clearance of vegetation on a road reserve; or (b) clearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or (c) clearance of vegetation undertaken in connection with subdivision of the land on which the vegetation is growing or is situated; or (d) clearance that would be contrary to— (i) a condition of a consent for clearance of vegetation; or (ii) a condition imposed in connection with clearance of vegetation permitted under these regulations; or (iii) a condition in respect of clearance permitted under the revoked regulations. 15—Plant and animal control (1) Clearance of vegetation (other than vegetation on a road reserve, rail corridor or rail reserve) undertaken in compliance with an obligation under the Natural Resources Management Act 2004 to destroy or control animals or plants if— (a) it is not possible to comply with the obligation without at the same time destroying, damaging or otherwise clearing the vegetation; and (b) guidelines relating to clearance of that kind have been adopted by the Council in accordance with section 25 of the Act; and (c) the person undertaking the clearance complies with those guidelines. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. 16—Native vegetation causing natural resource management problems (1) Clearance of vegetation that is having a detrimental effect on the management of natural resources if— (a) the vegetation is of a species and in a location specified in guidelines adopted by the Council under section 25 of the Act for the purposes of this clause; and (b) the person undertaking the clearance complies with those guidelines. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. Part 2—CFS approval—fire hazard reduction Division 1—Fire hazard reduction 1 (regulation 9(1)) 17—Fire prevention and control (1) Clearance of vegetation that is growing or is situated within 20 metres of a dwelling (other than vegetation consisting of a tree that has a trunk circumference (measured at a point 1 metre above the base of the tree) of 2 metres or more). (2) Clearance of vegetation that is growing or is situated along an existing fence-line to establish or maintain a fuel break where the total width of the fuel break does not exceed 5 metres. (3) Clearance of vegetation otherwise authorised by, and carried out in compliance with, a bushfire management plan applying to the area in which the vegetation is growing or is situated. (4) This clause applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. 18—Clearance for the purposes of the Fire and Emergency Services Act 2005 (1) Clearance of vegetation undertaken by, or in accordance with a direction or determination of— (a) an officer of SAMFS exercising a power conferred under section 42 of the Fire and Emergency Services Act 2005; or (b) an officer of SACFS exercising a power conferred under section 82 or 97 of the Fire and Emergency Services Act 2005; or (c) an officer of SASES exercising a power conferred under section 118 of the Fire and Emergency Services Act 2005. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. Division 2—Fire hazard reduction 2 (regulation 9(2)) 19—Fire prevention and control (large trees) Clearance of vegetation that is growing or is situated within 20 metres of a dwelling consisting of a tree that has a trunk circumference (measured at a point 1 metre above the base of the tree) of 2 metres or more. 20—Fuel reduction (1) Clearance of vegetation (other than clearance that falls within the ambit of Part 1 clause 1 or Part 3) for the purpose of reducing combustible material on land where reasonably required for a purpose related to fire prevention or control. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. 21—Fuel breaks (1) Subject to subclause (2), clearance of vegetation (other than clearance that falls within the ambit of Part 1 clause 1 or Part 3) as reasonably required to provide a fuel break not exceeding 20 metres in width on a property that is in the area of a rural council and is used principally for primary production. (2) Clearance of vegetation to provide a fuel break does not fall within the ambit of subclause (1) if any point of the proposed fuel break would be within 200 metres of land— (a) that is sufficiently clear of vegetation so as to constitute a fuel break (other than a fuel break that runs approximately at right‑angles to the proposed fuel break); and (b) that provides comparable protection to the proposed fuel break. (3) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. (4) In this clause— rural council has the same meaning as in the Fire and Emergency Services Act 2005. 22—Fire access tracks (1) Clearance of vegetation undertaken for the purpose of establishing or maintaining a fire access track. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. (3) In this regulation— fire access track means a track (not exceeding 15 metres in width) constructed for use by vehicles undertaking firefighting activities; firefighting has the same meaning as in the Fire and Emergency Services Act 2005. Part 3—Management plans—vegetation management (regulation 11) 23—Roadside or rail corridor vegetation management Clearance of vegetation that is growing or is situated on land comprising a road reserve, a rail corridor, a rail reserve or a railway crossing undertaken by or on behalf of the person with the control and management of the land for the purpose of— (a) ensuring the safety of persons entering or passing the land, or of property on the land; or (b) controlling pests on the land, provided that guidelines relating to clearance of that kind have been adopted by the Council in accordance with section 25 of the Act and the person undertaking the clearance complies with those guidelines. 24—Maintenance of existing agriculture, forestry or farming Clearance of vegetation that is growing or is situated on land that has been consistently used for agricultural, forestry or primary production purposes as part of a commercial enterprise in the immediately preceding 10 years, provided that— (a) the clearance is undertaken for the purpose of maintaining the existing use of the land and will not cause permanent degradation or loss of native vegetation; and (b) guidelines relating to clearance of that kind have been adopted by the Council in accordance with section 25 of the Act; and (c) the person undertaking the clearance complies with those guidelines. 25—Ecological restoration and management of vegetation (1) Clearance undertaken for the purpose of conserving, managing or restoring native species, native vegetation or ecological processes, provided that— (a) guidelines relating to clearance of that kind have been adopted by the Council in accordance with section 25 of the Act; and (b) the person undertaking the clearance complies with those guidelines. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. 26—Grazing of domestic stock Clearance of vegetation by grazing domestic stock on land in a manner, and at a rate, that will not cause permanent degradation of the native vegetation on the land where Part 1 clause 5 does not apply because the manner and rate of grazing is not consistent with the manner in which, and the rate at which, the land has previously been grazed by domestic stock of the same species during the previous 10 years, provided that— (a) guidelines relating to clearance of that kind have been adopted by the Council in accordance with section 25 of the Act; and (b) the person undertaking the clearance complies with those guidelines. Part 4—Major developments and projects under Development Act 1993 (regulation 12) 27—Major projects Clearance of vegetation that is incidental to a proposed development to which section 48 of the Development Act 1993 applies, provided that— (a) an environmental impact statement, public environmental report or development report, and an Assessment Report, relating to the development have been prepared under the Development Act 1993; and (b) the Minister responsible for the administration of the Development Act 1993 referred the environmental impact statement, public environmental report or development report to the Council for comment and report and— (i) the Council provided comments that were included (wholly or substantially) in the relevant Assessment Report; or (ii) the Council failed to provide comments within 8 weeks after receiving the Minister's invitation for comment and report; and (c) the Governor has consented to the proposed development under section 48 of the Development Act 1993. Part 5—Mining and petroleum activities (regulation 12) Division 1—Mining operations 28—Operations (1) Clearance of vegetation incidental to operations authorised under a Mining Act or the Petroleum and Geothermal Energy Act 2000. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. Division 2—Exploratory activity 29—Exploration (1) Clearance of vegetation incidental to exploratory operations authorised under a Mining Act or the Petroleum and Geothermal Energy Act 2000. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. Division 3—Mining operations approved before 2003 30—Mining operations approved before 2003 Clearance of vegetation incidental to operations authorised before 25 August 2003 under a Mining Act, if the clearance— (a) is clearance that is envisaged or authorised by or under a program or approval under the relevant Act; or (b) is clearance that would reasonably be expected to have been required under the authorisation under the relevant Act taking into account the circumstances that existed immediately before 25 August 2003. Division 4—Private mines 31—Mining operations at private mines (1) Clearance of vegetation incidental to mining operations at a private mine at which mining operations have not been discontinued for a period exceeding 12 months at any time after 21 November 1984. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement. Part 6—Other activities (regulation 12) 32—Works on behalf of Commissioner of Highways Clearance of vegetation incidental to work being undertaken by or on behalf of the Commissioner of Highways (other than repair or maintenance work of a kind referred to in Part 1 clause 2). 33—New dwelling or building (1) Clearance of vegetation required in order to erect a building or structure or other facility that is ancillary to a building, provided that any development authorisation required by or under the Development Act 1993 has been obtained. (2) Subclause (1) does not apply to— (a) clearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or (b) clearance of vegetation undertaken in connection with subdivision of the land on which the vegetation is growing or is situated; or (c) clearance that would be contrary to— (i) a condition of a consent for clearance of vegetation; or (ii) a condition imposed in connection with clearance of vegetation permitted under these regulations; or (iii) a condition in respect of clearance permitted under the revoked regulations. 34—Infrastructure (1) Clearance of vegetation— (a) incidental to the construction or expansion of a building or infrastructure where the Minister has, by instrument in writing, declared that the Minister is satisfied that the clearance is in the public interest; or (b) required in connection with the provision of infrastructure or services to a building or proposed building, or to any place, provided that any development authorisation required by or under the Development Act 1993 has been obtained. (2) In this clause— infrastructure includes— (a) flood mitigation works; and (b) an airstrip; and (c) a shipping channel; and (d) a public reservoir. 35—Residential subdivision (1) Clearance of vegetation in connection with the division of land for use for residential purposes (including clearance for the construction of roads and other infrastructure), provided that— (a) any development authorisation for the division of the land and for the use of the land for residential purposes required by or under the Development Act 1993 has been obtained; and (b) the Council has been given written notification of the full extent of the clearance expected to occur in connection with the division of the land. (2) Subclause (1) does not apply to— (a) clearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or (b) clearance that would be contrary to— (i) a condition of a consent for clearance of vegetation; or (ii) a condition imposed in connection with clearance of vegetation permitted under these regulations; or (iii) a condition in respect of clearance permitted under the revoked regulations. 36—Recreation track (1) Clearance of vegetation for the purpose of establishing or maintaining a track for recreational activity, other than recreational activity involving the use of a motorised vehicle. (2) Subclause (1) applies to vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement if the terms of the heritage agreement or management agreement permit clearance for the purpose set out in that subclause. (3) Subclause (1) does not apply to— (a) clearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or (b) clearance that would be contrary to— (i) a condition of a consent for clearance of vegetation; or (ii) a condition imposed in connection with clearance of vegetation permitted under these regulations; or (iii) a condition in respect of clearance permitted under the revoked regulations. (4) In this clause— motorised vehicle does not include a power‑assisted pedal cycle; power‑assisted pedal cycle means a power‑assisted pedal cycle within the meaning of vehicle standards determined under the Motor Vehicle Standards Act 1989 of the Commonwealth, but does not include such a pedal cycle if it has an auxiliary propulsion motor comprised (in whole or in part) of an internal combustion engine. 37—Commercial vehicle access track exceeding 5 metres (1) Clearance of vegetation for the purpose of establishing or widening a track that is— (a) more than 5 metres in width; and (b) for use for commercial purposes by vehicles having at least 4 wheels; and (c) reasonably required to provide access. (2) Subclause (1) does not apply to— (a) clearance of vegetation on a road reserve, rail corridor or rail reserve; or (b) clearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or (c) clearance that would be contrary to— (i) a condition of a consent for clearance of vegetation; or (ii) a condition imposed in connection with clearance of vegetation permitted under these regulations; or (iii) a condition in respect of clearance permitted under the revoked regulations. 38—New dam and expansion of dam (1) Clearance of vegetation incidental to the lawful construction or expansion of a dam situated on pastoral land (including where the clearance occurs as a consequence of vegetation being flooded by water retained in the dam). (2) Subclause (1) does not apply to— (a) clearance of vegetation established in accordance with a condition of a consent for clearance of vegetation; or (b) clearance that would be contrary to— (i) a condition of a consent for clearance of vegetation; or (ii) a condition imposed in connection with clearance of vegetation permitted under these regulations; or (iii) a condition in respect of clearance permitted under the revoked regulations. Schedule 2—SA Motorsport Park map

Schedule 2A—Yoorndoo Ilga Solar Project map

Schedule 3—Notice under section 33C(8) of Act Form 1—Notice of information relating to a warrant Native Vegetation Act 1991 Section 33C of the Native Vegetation Act 1991 provides for the issuing and execution of a warrant in various cases. A warrant has been issued under the Act and the following information is provided in relation to this matter: (a) The name of the authorised officer executing the warrant is: This person is an authorised officer under the Native Vegetation Act 1991. (b) This warrant was issued by the following magistrate: (c) This warrant was issued on [insert date] at am/pm [insert time] (d) The warrant authorises the following course of action: A warrant expires at the expiration of 1 month from the date of its issue. A person may be guilty of an offence if he or she fails to comply with a requirement under the Act or hinders an authorised officer in the lawful exercise of a power under the Act. The maximum penalty for an offence is $5 000. (A person is not required to answer any question if to do so might incriminate the person or make the person liable to a criminal penalty.) Signature of authorised officer executing warrant: Date: Schedule 4—Transitional provisions Part 2—Transitional provisions 2—Transitional provision (1) An approval granted by the Council or the Chief Officer of SACFS under the revoked regulations that was in force immediately before the revocation of those regulations will continue to apply for the purposes of these regulations and will be subject to the same conditions (if any) that applied to the approval under the revoked regulations. (2) Regulation 21 does not apply to an approval granted under the revoked regulations. 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 these regulations (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. Legislation revoked by principal regulations The Native Vegetation Regulations 2017 revoked the following: Native Vegetation Regulations 2003 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2017 15 Gazette 28.2.2017 p700 1.7.2017: r 2 2018 125 Gazette 21.6.2018 p2342 1.7.2018: r 2 2019 117 Gazette 13.6.2019 p1981 1.7.2019: r 2 2020 198 Gazette 4.6.2020 p3072 1.7.2020: r 2 2020 272 Gazette 24.9.2020 p4661 24.9.2020: r 2 2021 2 Gazette 21.1.2021 p121 21.1.2021: r 2 2021 177 Gazette 2.12.2021 p4218 2.12.2021: r 2 2022 24 Gazette 26.5.2022 p1222 26.5.2022: r 2 2023 108 Gazette 2.11.2023 p3656 2.11.2023: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1

r 2 omitted under Legislation Revision and Publication Act 2002 1.7.2018 r 4A inserted by 177/2021 r 4 2.12.2021 Pt 4

heading substituted by 2/2021 r 4 21.1.2021 r 23A inserted by 2/2021 r 5 21.1.2021

repealed by 24/2022 r 3 26.5.2022

inserted by 108/2023 r 3 2.11.2023 Pt 5

r 24

r 24(2) varied by 125/2018 r 4 1.7.2018

varied by 117/2019 r 4 1.7.2019

deleted by 198/2020 r 4(1) 1.7.2020 r 24(3) deleted by 198/2020 r 4(1) 1.7.2020 r 24(4) varied by 198/2020 r 4(2) 1.7.2020 Sch A1 inserted by 177/2021 r 5 2.12.2021 Sch 1

Pt 6

cl 36

cl 36(1) varied by 272/2020 r 4(1) 24.9.2020 cl 36(4) inserted by 272/2020 r 4(2) 24.9.2020 Sch 2A inserted by 108/2023 r 4 2.11.2023 Sch 4

Pt 1 omitted under Legislation Revision and Publication Act 2002 1.7.2018 Historical versions 1.7.2018

1.7.2019

1.7.2020

24.9.2020

21.1.2021

2.12.2021

26.5.2022

1 Native Vegetation Regulations 2017

South Australia Native Vegetation Regulations 2017 under the Native Vegetation Act 1991

Mitigation hierarchy. The Regulations adopt and make mandatory the mitigation hierarchy: avoidance, minimisation, rehabilitation/restoration and offset as a last resort (reg 5). The hierarchy is an operational constraint on any person undertaking clearance under Part 3: reg 7(2)(a) requires persons to “have regard to, and give effect to, the mitigation hierarchy,” and reg 19(1)(a) requires the Council to apply the mitigation hierarchy when exercising powers under Part 3.

Significant environmental benefit. Where clearance is permitted subject to conditions the Regulations require achievement of a “significant environmental benefit.” Regulation 20 specifies eligible means of achieving that benefit: establishing and managing native vegetation, managing and protecting existing native vegetation, entering into a heritage agreement under the Act on terms specified by the Council, or taking action in accordance with Part 4A of the Act (reg 20(1)(a)(i)-(iv)). The Council must be satisfied the benefit is achieved and must instruct the Registrar‑General to annotate title instruments (reg 20(1)(b), (2)). Several clearance pathways allow payment into the Fund as an alternative to delivering the environmental benefit on site, but the amount is “considered by the Council to be sufficient” (see regs 13(2), 14(2), 15(3), 16(2), 23(1)(d)).

Permitted clearance categories and Schedule 1. The Regulations are prescriptive about many specific permitted clearances in Schedule 1. Those include low impact maintenance activities (e.g. within 10 metres of an existing building, Part 1 Div 1), infrastructure repair and electricity duties, grazing consistent with historical rates, safety removal subject to assessment by a plant health expert, small walking tracks, cultural practices, regrowth control, and limited amounts of firewood for domestic use among others (Schedule 1 Part 1 Divisions 1 and 2). Fire hazard reduction clearances appear in Schedule 1 Part 2 and require CFS approval in specific circumstances (reg 9 and Schedule 1 Part 2). Vegetation management clearances are in Part 3 of Schedule 1 and require management plans or compliance with Council guidelines (reg 11 and Schedule 1 Part 3). Major projects, mining and petroleum activities and other specified activities are dealt with by risk assessment rules (regs 12-16 and Schedule 1 Parts 4-6).

Decision‑making and discretion. The Council has rule‑making and gatekeeping powers. It must prepare guidelines under s 25 of the Act for the matters listed in Schedule 1 (reg 6). It approves management plans (reg 11), may require third‑party reports prepared by an agency or person it approves (reg 18(2)(a)), may refund or remit application fees (reg 24(4)), and determines whether payments into the Fund are adequate to achieve significant environmental benefit (see regs 13-16, 23). The Council’s decision‑making must, by regulation, have regard to specific matters including biological diversity, soil and water, threatened species listings under Commonwealth and State instruments and potential cumulative impacts (reg 19(1)(b)-(f)). Nevertheless, the Regulations leave substantial elements,standards, guidelines, amounts payable into the Fund, and the content and acceptability of management plans,to Council determination.

Fire approvals. The Chief Officer of the South Australian Country Fire Service (SACFS) must approve certain clearances for fire hazard reduction and may do so only when satisfied the clearance is reasonably required or appropriate for fire prevention or control. The Chief Officer must have regard to any applicable bushfire management plan and Council standards (regs 9-10).

Integration with other statutory frameworks. The Regulations operate in tandem with other statutes. Several clearances are permitted only where development authorisations under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016 have been obtained (Schedule 1 Parts 4 and 6, clauses 27, 33 and 34). Mining and petroleum clearances must comply with Mining Act management plans or statements of environmental objectives under the Petroleum and Geothermal Energy Act 2000 (reg 14). Some clearances follow from duties under the Electricity Act 1996 or the Emergency Management Act 2004 (Schedule 1 Part 1 clause 4). The Regulations repeatedly preserve that clearance is subject to “any other Act or law to the contrary” (reg 7(1)).

Procedural design and recording. The Regulations prescribe approved forms (reg 26 and Schedule 3), require applications in the approved form (reg 18(1)), allow 28 days for public representations (reg 18(3)(b)), permit Council direction on form and content of required information (reg 18(2)(c)-(d)), and require the Registrar‑General to note Council conditions against title instruments where specified (reg 20(2)). Time limits on approvals are set (reg 21).

Compliance mechanics. Conditions imposed by the Council are binding on the person given approval, all owners and subsequent owners of the relevant land, occupants and any person who acquires the benefit of the approval (reg 22(1)). There are monetary penalties for contravening such a condition (maximum $10 000) and for providing false or misleading information in material particulars in information furnished under the Act or these Regulations (maximum $10 000) (regs 22(2), 28).

Landowners and occupiers. The Regulations affect private landowners and occupiers who intend to clear native vegetation. Conditions attached to approvals bind the person granted the approval and all owners and subsequent owners of the land (reg 22(1)(a)-(b)). The Registrar‑General will note conditions on the instrument of title where the Council directs (reg 20(2)), creating an ongoing encumbrance on land. Landowners must ensure compliance with any approval conditions and may be liable for penalties for contravention (reg 22(2)). Where clearance is permitted automatically under Schedule 1, owners should check whether specific subclauses apply, for example limitations related to the River Murray Floodplain Area (Schedule 1 Part 1 clause 1(2)(b)(i)).

Developers and holders of development authorisations. Developers proposing projects that fall under major project or development categories must ensure they comply with both the Development Act processes and the Regulations. Clearance incidental to authorised Development Act projects is permitted only where associated environmental assessments and Council comment procedures have been satisfied and the Governor has consented to the development (Schedule 1 Part 4 clause 27). For the Yoorndoo Ilga Solar Project and SA Motorsport Park, clearance is permissible only where development authority exists and where the Council or State Coordinator‑General is satisfied a significant environmental benefit will be achieved or a payment into the Fund is made (regs 23, 23A).

Mining and petroleum industry. Mining operations, exploratory activities and petroleum operations are specifically regulated. Mining clearances must be consistent with management plans under the relevant Mining Acts and/or statements of environmental objectives under the Petroleum and Geothermal Energy Act (reg 14). Exploratory operations require compliance with industry standards endorsed by the Council following consultation with the mining Minister, or failing that, a Council‑approved management plan or payment into the Fund (reg 15). Private mines with continuous operations since certain historical dates have bespoke treatment (Schedule 1 Part 5).

Councils and the Native Vegetation Council. The Council prepares guidelines under section 25 of the Act for matters listed in Schedule 1 (reg 6), approves management plans (reg 11), can set standards and standard operating procedures for specified operations (regs 10, 16(1)(b)), requires reports, directs forms and can require payment into the Fund. The Council also handles notification, public representations and may charge or refund fees for reports when it requires an external report (regs 18, 24).

Fire authorities and emergency services. SACFS (and its Chief Officer) has a statutory role in approving some fire hazard reduction clearances (regs 9-10). SAMFS and SASES powers under the Fire and Emergency Services Act 2005 can authorise clearance per Schedule 1 Part 2 clause 18(1). Bushfire management committees and bushfire management plans are directly incorporated into decision‑making (reg 3 definition of bushfire management plan, regs 9-10, Schedule 1 Part 2).

Regional NRM boards and other statutory agencies. The Council may seek advice from the regional NRM board when considering management plans (reg 11(2)). The Regulations reference Commonwealth listings under the Environment Protection and Biodiversity Conservation Act 1999 and State listings under the National Parks and Wildlife Act 1972 as matters the Council must consider (reg 19(1)(e)).

Utilities, infrastructure managers and government agencies. Clearance incidental to electricity entity duties, road works, Commissioner of Highways functions, dam maintenance, defence activities in the Cultana Training Area, or emergency powers are all explicitly dealt with in Schedule 1 (Part 1 clauses 2-4, 12; Part 6 clauses 32-34). Such entities will be affected by the need to comply with applicable guidelines and to notify or obtain approvals where the Schedule requires it.

Third‑party consultants and approved reporting entities. The Council may require applicants to provide reports prepared by an agency, instrumentality, person or body approved by the Council (reg 18(2)(a)). That mechanism creates a demand for qualified reporting entities and allows the Council to set both the content and who may prepare required assessments.

The public and interested third parties. The Regulations provide for public inspection of reports that are provided to the Council and for the opportunity to make written representations within 28 days of receipt of an application by the Council (reg 18(3)(a)-(b)). Interested parties may also be allowed to appear (reg 18(3)(c)).

Who pays. Costs fall on applicants and landowners in several ways: application fees and possible fees for Council‑required reports (reg 18(4)-(5), reg 24(4)), costs of preparing management plans and complying with standards and guidelines, the potential requirement to make a payment into the Fund if the Council permits payment in lieu of delivering on‑ground benefits (regs 13(2), 14(2), 15(3), 16(2), 23(1)(d), 23A(1)(d)), and potential penalties for non‑compliance (regs 22, 28). Interest accrues on unpaid amounts at the prime bank rate and on unpaid interest at 6 monthly intervals (reg 25).

Key duties owed by persons proposing or undertaking clearance

Apply the mitigation hierarchy. Persons must have regard to and give effect to the mitigation hierarchy (reg 7(2)(a); defined in reg 5). The Council must also apply the hierarchy when exercising its powers (reg 19(1)(a)).
Comply with Council guidelines. Persons must comply with any applicable guidelines adopted by the Council under s 25 of the Act (reg 7(2)(b)); the Council is required to prepare draft guidelines for matters specified in Schedule 1 (reg 6).
Use approved forms and provide required information. Applications to the Council must be in the approved form (reg 18(1)). The Council may require additional information or reports from approved entities and may direct the form and content of required documents (reg 18(2)(a)-(d)).
Seek and secure approvals where required. Certain clearances are permitted without conditions (Schedule 1 Part 1 Division 1) or with notification (Schedule 1 Part 1 Division 2 and reg 8(2)), but many clearances require Council approval, Chief Officer of SACFS approval, an approved management plan, or compliance with endorsed industry standards (regs 9-11, 13-16).
Deliver or fund significant environmental benefit where required. If clearance is permitted subject to conditions requiring a significant environmental benefit, persons must achieve that benefit to the Council’s satisfaction or, where permitted, make a payment into the Fund as considered sufficient by the Council (regs 13-16, 20, 23, 23A).
Observe time limits and conditions. Approvals lapse after 2 years unless the Council or Chief Officer specifies a longer period up to 5 years (reg 21). Conditions imposed by the Council are binding on the person granted approval, all owners and subsequent owners (reg 22(1)).
Do not provide false or misleading information. Furnishing false or misleading statements in any information furnished under the Act or Regulations attracts a maximum penalty of $10 000 (reg 28).

Key rights and procedural protections

Permitted clearances without approval. The Regulations list circumstances where clearance is permitted without conditions or without notification (Schedule 1 Part 1 Division 1 and reg 8(1)). That is an affirmative right to act where the specific subclause applies, subject to any exclusions in the subclause.
Notification as a substitute for approval in some cases. For certain Schedule 1 Part 1 Division 2 cases, clearance is permitted if the Council has been notified in the approved form or if reasonable endeavours have been made to inform the Council (reg 8(2)-(3)).
Public inspection and representations. If an application for approval is made, the Council must ensure any report provided under reg 18(2)(a) is available for inspection without fee and allow written representations within 28 days of receipt of the application (reg 18(3)(a)-(b)). The Council may also permit personal appearance to be heard (reg 18(3)(c)).
Appeal or review avenues are not set out in the Regulations themselves. The Regulations establish administrative processes and embed decision‑making criteria (reg 19) but do not specify appeal mechanisms; those will be governed by the parent Act and by general administrative law and review rights where applicable.
Fee remission and refunds. The Council may remit or refund whole or part of any fee payable in relation to an application for consent including for reports (reg 24(4)).
Choice between on‑site environmental benefit and payment. Several provisions allow a landowner or operator the option to either implement a Council‑approved management plan delivering a significant environmental benefit or to make a payment into the Fund in an amount the Council considers sufficient (regs 13-16, 23, 23A). That choice is subject to Council discretionary assessment.
Protections for emergency and statutory duties. Clearance performed under specific statutory duties such as electricity entity obligations under the Electricity Act 1996 or by State emergency officials under the Emergency Management Act 2004 is recognised (Schedule 1 Part 1 clause 4), and clearances directed by fire agencies under the Fire and Emergency Services Act 2005 are included (Schedule 1 Part 2 clause 18).

Administrative powers of the Council and SACFS

The Council has broad powers to require information, determine forms, adopt guidelines and standards, approve management plans, and impose conditions. The Chief Officer of SACFS is constrained to approve fire hazard clearances only when satisfied clearance is reasonably required or appropriate for the purpose of fire prevention or control and to have regard to bushfire management plans and Council standards (reg 10).
The Council may require reports from approved entities and may charge fees for such reports; the amount of a fee for the preparation of a report is the Minister’s estimate of the reasonable cost after consultation with the Council (reg 18(4)-(5)).

Recording and binding effect on title

Where the Council requires achievement of a significant environmental benefit as a condition of clearance, it must inform the Registrar‑General in writing and provide information required for the Registrar‑General to note the condition on title (reg 20(1)(b), (2)). Conditions thus become encumbrances on the land and bind subsequent owners (reg 22(1)).

Monetary penalties and offences

Contravention of a condition imposed on an approval granted by the Council under Part 3 is a prescribed offence with a maximum penalty of $10 000 (reg 22(2)). The regulation does not list specific additional criminal penalties in this provision, but the monetary penalty is the primary statutory sanction.
Providing false or misleading information in any information furnished under the Act or these Regulations is an offence with a maximum penalty of $10 000 (reg 28). The offence extends to statements that are false or misleading in a material particular, whether by inclusion or omission.

Other enforcement tools and practical consequences

Binding conditions on title. Conditions imposed by the Council, including those requiring achievement of a significant environmental benefit or other obligations, are binding on the person to whom the approval is granted and all subsequent owners and occupiers of the land (reg 22(1)). The Council must inform the Registrar‑General and have the condition noted on title (reg 20(1)(b), (2)). That creates a non‑criminal enforcement mechanism: a registered encumbrance enforceable in personam and able to be used in civil enforcement or land transactions.
Powers of authorised officers and warrants. Schedule 3 prescribes the form of notice required under section 33C(8) of the Act relating to warrants. The Schedule sets out information for a person on whom a warrant is executed and states that a person may be guilty of an offence if they fail to comply with a requirement under the Act or hinder an authorised officer, with a maximum penalty indicated in the notice (the Schedule notes a maximum penalty of $5 000 in that context). The Regulations thereby connect to enforcement powers conferred by the parent Act.
Time limits and expiry of approvals. Approvals given by the Council or the Chief Officer of SACFS cease to operate 2 years after grant unless a longer period (up to 5 years) is specified when granting the approval (reg 21(1)). Management plan clearances must commence within 2 years of plan approval (reg 21(2)). Expiry removes legal authority, with consequent exposure to liability if clearance continues past expiry.
Fees and costs as compliance levers. The Council may require applicants to provide reports prepared by approved entities and may require the applicant to pay a fee for preparation of that report. The fee is to be the Minister’s estimate of the reasonable cost after consultation with the Council (reg 18(4)-(5)). The ability to require and charge for such reports imposes economic costs on applicants and can function as an enforcement and compliance cost.
Public scrutiny as an enforcement multiplier. The Council must make certain reports available for inspection without fee and permit representations within 28 days (reg 18(3)(a)-(b)), which creates reputational and administrative enforcement pressure: third parties can prompt follow‑up and complaints if approvals appear inconsistent with the Regulations.

Who enforces and who decides

The Council enforces conditions attached to approvals and decides the content and acceptance of management plans, the adequacy of payments into the Fund, and the standards/guidelines to be applied (regs 6, 11, 18, 19, 20).
The Chief Officer of SACFS decides whether to grant written approval for specified fire hazard reduction clearances and must be satisfied that clearance is reasonably required or appropriate for fire prevention or control (regs 9-10).
Authorised officers under the Act execute warrants and enforce compliance under the Act and these Regulations, with Schedule 3 prescribing notice content for warrants issued under s 33C(8) of the Act.

Practical enforcement risks and uncertainties embedded in the Regulations

Discretionary financial obligations. The Council determines the sufficiency of any payment into the Fund required as an alternative to delivering significant environmental benefit (see regs 13(2), 14(2), 15(3), 16(2), 23(1)(d), 23A(1)(d)). The absence of a statutory formula to set payment amounts means enforcement can involve discretionary fiscal impositions that may be contested.
Administrative fee variability. Where the Council requires a third‑party report, the fee is the Minister’s estimate of reasonable cost after consultation with the Council (reg 18(4)-(5)). That mechanism leaves applicants exposed to cost estimates rather than predetermined charges.
Title encumbrances. The Registrar‑General annotation of conditions on title (reg 20(2)) transforms regulatory conditions into long‑term land encumbrances that can be enforced by the Council or provide grounds for civil remedies; enforcing such conditions against subsequent owners may raise questions about notice and equitable defenses.
Punitive monetary caps. The maximum penalties of $10 000 for contravening conditions and for false or misleading statements (regs 22, 28) are finite and may be modest relative to commercial project values, affecting enforcement calculus and compliance incentives.

Direct statutory cross‑references and operational overlays

Native Vegetation Act 1991. The Regulations operate under the Act and repeatedly reference Act provisions: for example, reg 7 is made pursuant to s 27(1)(b) of the Act; the Council’s guideline obligations are pursuant to s 25 of the Act (reg 6); the Registrar‑General annotation power ties to provisions in the Act (reg 20 referencing s 21(6) or (6a)). The Regulations are thus subordinate legislation that implements the Act’s policy but adds specific mechanics.
Development planning and infrastructure law. Several clearance pathways are conditional on development authorisations under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016. Schedule 1 Part 4 clause 27 permits clearance incidental to a development to which s 48 of the Development Act 1993 applies, but only after environmental impact statements, Assessment Reports and Governor consent, and after Council comment processes have been followed. Similarly, reg 23A links clearance to authorisations under the Planning, Development and Infrastructure Act 2016 for the Yoorndoo Ilga Solar Project area.
Fire and emergency legislation. Fire hazard reduction clearances require the written approval of the Chief Officer of SACFS for many activities (reg 9). Clearance can also occur under powers in the Fire and Emergency Services Act 2005 exercised by officers of SAMFS, SACFS or SASES (Schedule 1 Part 2 clause 18). Bushfire management plans under the Fire and Emergency Services Act 2005 are incorporated into decision‑making and must be taken into account (reg 10(2)(a)).
Electricity, emergency management and other statutory duties. Clearance undertaken in the course of electricity entities’ duties or under the Emergency Management Act 2004 is explicitly recognised (Schedule 1 Part 1 clause 4). The Regulations therefore operate alongside statutory duties that may themselves authorise vegetation management and clearance.
Mining and petroleum law. Mining operations authorised under a Mining Act and petroleum operations under the Petroleum and Geothermal Energy Act 2000 are subject to management plans under those Acts and to the Regulations’ requirement that any clearance be undertaken in accordance with an approved management plan that results in a significant environmental benefit (reg 14(1)(a)-(c)). Exploratory operations must follow industry standards endorsed by the Council after consultation with the mining Minister, or else follow Council‑approved management plans or Fund payments (reg 15).
Commonwealth environmental law. The Regulations require the Council to consider and aim to minimise impacts on species or ecological communities listed as threatened under the Environment Protection and Biodiversity Conservation Act 1999 (reg 19(1)(e)(i)). The definition of “native vegetation,dead plants” in reg 4(b) specifically draws in habitat for animals of a listed threatened species under the Commonwealth Act.

Concurrent and potentially overlapping regulatory requirements

Multiple approvals for the same activity. Clearance associated with a development or mining project may require approvals, consents or management plans under multiple regimes: the Development Act or Planning, Development and Infrastructure Act, the Act and these Regulations, Mining Acts and Commonwealth environmental assessment processes where triggered. The Regulations preserve that clearance is “subject to any other Act or law to the contrary” (reg 7(1)), but they also create specific bridges,e.g. where the Council must have been consulted under the Development Act process (Schedule 1 Part 4 clause 27).
Standards and guidelines set by the Council. The Council is empowered to adopt and publish guidelines that govern many permitted clearances, and to set industry standards in consultation with Ministers (regs 6, 11, 15(1)-(2), 16(1)(b), 10(2)(b)). That means compliance requires attention not only to the Regulations’ text but to Council‑issued instruments which carry practical effect.
Heritage agreements and management agreements. The Regulations repeatedly note that the operation of permitted clearance provisions “extends to native vegetation that is growing or is situated on land that is subject to a heritage agreement or a management agreement if a provision of Schedule 1 … specifies that the provision applies to such vegetation” (see eg regs 8(4), 9(3), 11(4), 12(2), and numerous Schedule 1 clauses). The result is that whether a particular clause applies to land under a heritage agreement depends on the specific Schedule clause; it is not automatic.

Procedural and registry interactions

Title annotation and consequent land law effects. Where the Council requires a significant environmental benefit as a condition of clearance, it must inform the Registrar‑General and provide information so the condition is noted on title (reg 20(1)(b), (2)). That creates an intersection with the Real Property Act infrastructure and impacts subsequent dealings in the land.
Service of notices and evidential mechanics. The Regulations prescribe modes of service for notices under the Act: personally, by post to the last known address, or by fax or email provided by the landowner, with the notice taken to be served at time of transmission by fax or email (reg 27). That provision aligns administrative service with modern communication modes but also creates potential disputes over whether a landowner supplied an accurate email/fax and whether transmission was received.

Gaps and potential conflicts to watch

Discretion and lack of numerical standards. The Regulations frequently leave key matters,e.g. amounts payable into the Fund, the content and acceptability of management plans, and the adequacy of mitigation,to Council discretion without statutory formulae. That can create both regulatory flexibility and legal uncertainty when activities are sizeable and commercially significant (see regs 13-16, 20, 23).
Interaction with Commonwealth approvals. The Regulations require the Council to consider Commonwealth threatened species listings (reg 19(1)(e)(i)), but do not map in detail how federal assessment and approval processes (including approvals under the EPBC Act) integrate with the Council’s consent or conditions. Applicants must therefore track both regimes.
Historical authorisations retained. Schedule 4 provides that approvals under the revoked 2003 Regulations continue to apply subject to the same conditions (Schedule 4 Part 2 clause 2). That transitional preservation means legacy approvals remain live and must be considered when assessing land status.

Legislative provenance and revocation

The Native Vegetation Regulations 2017 were published as No 15 in the Gazette on 28 February 2017 and commenced 1 July 2017 (Legislative history). They revoked the Native Vegetation Regulations 2003 (Legislative history: “Legislation revoked by principal regulations”).

Key subsequent variations and insertions recorded in the Regulations’ Legislative history

Regulation 4A, which prescribes additional application areas for the Act via Schedule A1, was inserted by Statutory Instrument 177/2021 r 4 and commenced 2 December 2021 (Legislative history: “r 4A inserted by 177/2021 r 4 , 2.12.2021”).
Part 4 heading was substituted by Statutory Instrument 2/2021 and commenced 21 January 2021 (Legislative history: “Pt 4 heading substituted by 2/2021 r 4 , 21.1.2021”).
Regulation 23A (clearance on Yoorndoo Ilga Solar Project area land) was inserted by 2/2021 r 5 on 21 January 2021, later repealed by 24/2022 r 3 (commencing 26 May 2022), and then reinserted by 108/2023 r 3 on 2 November 2023 (Legislative history shows insertion, repeal, reinsertion entries).
Schedule A1 (geographic application maps) was inserted by 177/2021 r 5 and commenced 2 December 2021.
Schedule 2A (Yoorndoo Ilga Solar Project map) was inserted by 108/2023 r 4 and commenced 2 November 2023.
Various other minor amendments and variations were made across 2018-2023, including changes to Part 5 rule 24 (fees, copies and specifications) through Statutory Instruments 125/2018, 117/2019 and 198/2020, with parts of r 24 amended and some subclauses deleted (Legislative history table).
Schedule 4 transitional provisions reflect that approvals granted under the revoked 2003 Regulations continue to apply and that regulation 21 does not apply to approvals granted under the revoked regulations (Schedule 4 Part 2 clause 2).

Commencement mechanics and historical versions

The Legislative history records multiple consolidated historical versions available for the following commencement snapshots: 1.7.2018, 1.7.2019, 1.7.2020, 24.9.2020, 21.1.2021, 2.12.2021, 26.5.2022 (when r 23A was repealed) and 2.11.2023 (when r 23A and Schedule 2A were reinserted). Users must ensure they are consulting the current consolidated text and the relevant historical version for activities undertaken during prior periods.

Patterns in amendment content

Geographic scope and project‑specific carve‑outs. The insertion of Schedule A1 and Schedule 2A and the toggling of regulation 23A show that amendments have been used to both expand the Act’s area of operation (reg 4A/Schedule A1) and to create project‑specific clearance pathways (SA Motorsport Park and the Yoorndoo Ilga Solar Project) with bespoke conditions and Fund payment options (regs 23 and 23A, Schedules 2 and 2A).
Process tweaks. Variations to Part 5 and r 24 show adjustments to procedural matters such as the number of copies required and fee remissions over time. The Legislative history notes the deletion and variation of particular subclauses in r 24 across 2018-2020.
Revisions to reflect contemporary instruments. Amendments incorporate newer planning statutes (for example the Planning, Development and Infrastructure Act 2016 is referenced in reg 23A) and adjust cross‑references as the statutory landscape evolved.

How the history affects users

Conditional and time‑limited carve‑ins. Because the Regulations have been amended to insert or remove provisions for specific projects and areas, practitioners must check the effective date of any provision in force at the time a particular proposal is made. For example, reg 23A has been inserted, repealed and reinserted; its applicability depends on the date of the proposed clearance and the relevant statutory instrument.
Need to track Council instruments. As many operational details were delegated to Council guidelines and standards, and those instruments are likely to evolve in parallel with regulatory amendments, a compliance program must include active monitoring of Council guidance as well as formal amendments.

No cases or litigation outcomes are recorded or cited in the Regulations themselves. The text contains no references to judicial decisions, no statutory appeal routes within the Regulations, and no listings of precedent. The Regulations do, however, embed administrative decision‑making that could be subject to judicial review or merits review under other statutory mechanisms not described in the Regulations. Practitioners should therefore treat the Regulations as setting the statutory framework for administrative decisions (Council approvals, Chief Officer of SACFS approvals, Registrar‑General title notations), whose legality and reasonableness could be contested in appropriate courts or tribunals under general administrative law and any relevant appeal or review provisions in the parent Act or other applicable statutes.

Because the Regulations refer to the need for the Council to consider threatened species listings under Commonwealth and State law (reg 19(1)(e)) and to integrate with Development Act and Mining Act processes (Schedule 1 Parts 4 and 5, regs 13-15), litigation or contested administrative review in practice would likely engage environmental, planning and mining law pathways. However, the Regulations’ text does not report any authorities or judicial interpretations. Users should search case law databases and administrative tribunal decisions for any reported litigation involving the Regulations or the Council’s exercise of powers under them.

Scope depends on geography and maps. The Regulations’ geographic application is not uniform across the State. Regulation 4A and Schedule A1 prescribe additional maps and areas where the Act applies. Practitioners must confirm whether the Act and these Regulations actually apply to the land in question by consulting Schedule A1 Part 1 and Part 2 and any local mapping. Failure to check the mapped application areas can lead to erroneous reliance on Schedule 1 permitted clearances (reg 4A, Schedule A1).
Many “permitted” clearances are conditional or excluded. Schedule 1 contains numerous narrowly framed permitted clearances. Those permissions often include exclusions (e.g. not applying in the River Murray Floodplain Area except in specific narrow circumstances, Schedule 1 Part 1 clause 1(2)(b)(i)) or require the clearance to be limited in width, purpose or to plants below a stated stem diameter (see firewood clause 10; vehicle track widths in clause 13; fence strip widths in clause 14). Assuming a blanket right to clear because a general category appears in the Schedule is risky; check the precise subclause.
“Notification” can substitute for approval but with limited protections. Reg 8(2) allows certain clearances in Schedule 1 Part 1 Division 2 where the Council has been notified in the approved form or where reasonable endeavours have been made to notify. The regulation also creates an exception for maintenance of existing tracks or providing a strip on either side of a fence (reg 8(3)). Relying on “reasonable endeavours” to notify may be contested by the Council if the applicant’s efforts are not well documented.
Council discretion on payments into the Fund. Several provisions allow a landowner or operator to make a payment into the Fund “of an amount considered by the Council to be sufficient” to achieve a significant environmental benefit (regs 13(2), 14(2), 15(3), 16(2), 23(1)(d), 23A(1)(d)). The lack of a statutory pricing method means the Council’s assessment of sufficiency is discretionary and may be commercially material. Plan for negotiation and potential contestation of quantum.
Management plans must produce a significant environmental benefit. Where a management plan is required, the Council can refuse approval if, after applying mitigation principles, it considers residual significant adverse impacts remain (reg 11(3)). Applicants must therefore design plans evidencing how mitigation and restoration will neutralise residual impacts. The Council may also require the plan to be implemented in specific ways and to deliver results to the Council’s satisfaction (reg 20).
Title encumbrances can outlast projects. Conditions noted against title under reg 20(2) bind subsequent owners (reg 22(1)). A buyer may inherit obligations or restrictions long after the original proponent’s engagement. Practitioners should ensure conditions are carefully drafted and consider whether they are registrable instruments under land law.
Fire approvals involve separate decision‑makers and standards. For many fire hazard clearances, the Chief Officer of SACFS must be satisfied that clearance is reasonably required or appropriate, and must consider bushfire management plans and Council standards (reg 10). Clearance without CFS approval in those circumstances may expose the applicant to liability, even where other Schedule provisions seem to permit action.
Heritage and management agreement caveats. Many Schedule 1 clauses expressly state whether they apply to land under a heritage agreement or management agreement. That means that, for land under such agreements, one cannot assume Schedule 1 permission; the specific clause must specify applicability (see regs 8(4), 9(3), 11(4) and numerous Schedule 1 entries).
Fees and report costs are estimated, not fixed. When the Council requires a report under reg 18(2)(a), it may also require payment of a fee for preparing that report; the fee is the Minister’s estimate of reasonable cost after consultation with the Council (reg 18(4)-(5)). This estimated approach can generate unpredictability in compliance costs.
Time limits on approvals. Approvals cease after 2 years unless the Council or Chief Officer sets a longer period up to 5 years (reg 21(1)), and clearance under a management plan must commence within 2 years of plan approval (reg 21(2)). Failing to commence within those windows will invalidate authority to clear.
Practical service of notices by email or fax. Reg 27 allows notices to be served by transmit‑ting them by fax or email to an address provided by the landowner, with the notice taken to have been served at time of transmission. That creates commercial risk if address records are stale or disputed; maintain robust records of addresses provided to authorities.
Small numeric limits that matter operationally. Provisions such as firewood limits (6 cubic metres over 2 years, stem diameter at 300 millimetres from base 200 millimetres or less, Schedule 1 Part 1 clause 10) are numerically precise and easily breached; treat these as strict operational limits.
Dual‑regime operations: mining and development. Projects that trigger mining or development legislation are subject to multiple overlapping rules. Mining operations must comply with both Mining Act management plans and Council‑approved management plans under these Regulations (reg 14(1)(a)-(b)). Ensuring co‑ordination of approvals and consistency between management plans is essential to avoid suspension or retrospective challenge.

Step 0: Confirm geographic applicability and definitions

Check whether the Act and these Regulations apply to the land by consulting Schedule A1 Part 1 and Part 2 and the maps defined in Schedule 2 and Schedule 2A where relevant (reg 4A; Schedules A1, 2 and 2A). Verify whether the vegetation fits the definition of native vegetation as extended by reg 4 (dead trees with trunk circumferences and habitat values are included).

Step 1: Screen the activity against Schedule 1

Identify the precise activity and match it to the relevant Schedule 1 part and clause. Many clearances are allowed either without notification (Schedule 1 Part 1 Division 1), with notification (Schedule 1 Part 1 Division 2), after CFS approval (Schedule 1 Part 2), under an approved management plan (Schedule 1 Part 3) or following risk assessment rules for large developments, mining and other activities (Schedule 1 Parts 4-6; regs 8-16). Do not rely on broad category descriptions; read the subclauses for numerical or locational limits.

Step 2: Apply the mitigation hierarchy and consult guidelines

Before any clearance, document how avoidance, minimisation, rehabilitation/restoration and offset have been considered and applied in that order per reg 5. Ensure compliance with any Council guidelines applicable to the relevant Schedule item; the Council must prepare such guidelines (reg 6). Maintain a written mitigation statement as part of the application or notification package to show compliance with reg 7(2)(a)-(b).

Step 3: Determine whether notification or formal Council/Chief Officer approval is required

For permissions requiring notification under reg 8(2), lodge notification in the approved form or document reasonable endeavours to notify. For fire hazard clearances under reg 9(2), obtain written approval from the Chief Officer of SACFS and notify the Council in the approved form. For clearances requiring an approved management plan, prepare the plan in accordance with Council guidelines and submit it for approval (reg 11). For major projects or mining operations, ensure consistency with Development Act or Mining Act approvals and include management plans or payments to the Fund as the Council requires (regs 13-16, Schedule 1 Parts 4-5).

Step 4: Prepare the application and supporting reports in the approved form

File applications in the approved form (reg 18(1); reg 26 prescribes the form for section 33C(8) matters and Schedule 3 provides Form 1 for notices relating to warrants). If the Council requires a report from an approved entity, secure an accredited consultant or entity approved by the Council to prepare the report and be prepared to pay the fee estimated by the Minister (reg 18(2)(a), (4)-(5)). Ensure reports address the specific matters the Council must consider, including biological diversity impacts, soil, water and cumulative impacts, and matters under Commonwealth and State threatened species law (reg 19(1)(b)-(f)).

Step 5: Engage stakeholders and allow for public representations

Once an application is lodged, expect the Council to make any report available for inspection and to allow written representations within 28 days (reg 18(3)(a)-(b)). Prepare to respond substantively to third‑party representations and, where appropriate, arrange for a representative to appear before the Council (reg 18(3)(c)).

Step 6: If required, deliver a management plan or fund payment to achieve significant environmental benefit

Where the Council conditions clearance on achieving a significant environmental benefit, structure the management plan to deliver measurable outcomes acceptable to the Council under reg 20(1)(a)(i)-(iv). If opting to make a payment into the Fund as an alternative, initiate discussions with the Council early to establish the amount it will consider sufficient, recognising the Council’s discretionary determination (regs 13-16, 20, 23, 23A).

Step 7: Secure CFS/Chief Officer approval for fire‑related clearances

For clearances in Schedule 1 Part 2 that require SACFS approval, submit evidence that the clearance is reasonably required or appropriate for fire prevention or control in accordance with reg 10. Provide any bushfire management plan or Council standard documents that the Chief Officer must consider (reg 10(2)(a)-(b)).

Step 8: Ensure conditions are recorded and complied with

If the Council imposes conditions requiring notation on title, the Council will inform the Registrar‑General and provide required information (reg 20(1)(b), (2)). Track the noted conditions, ensure compliance (conditions bind subsequent owners, reg 22(1)), and be mindful of time limits (approvals lapse after 2 years unless extended to at most 5 years, reg 21(1)). Start works within 2 years where clearance is under a management plan (reg 21(2)).

Step 9: Keep records, observe service mechanics and avoid information offences

Maintain contemporaneous records of notifications, mitigation steps, approvals from SACFS or the Council, correspondence and proof of service. Where notices are served electronically or by fax, retain transmission receipts (reg 27). Do not provide false or misleading information in any material particular; this attracts a $10 000 maximum penalty (reg 28).

Step 10: Financial management and interest exposure

Budget for application fees, potential Council‑required report fees, costs of management plan preparation and implementation, and for potential payments into the Fund. Be aware that interest accrues on unpaid amounts from the end of the relevant statutory period at the prime bank rate for the financial year and that interest on unpaid interest accrues at 6‑monthly intervals (reg 25). Engage early with the Council on fee remissions where appropriate (reg 24(4)).

Practical risk management recommendations

Conduct an early legal and ecological risk assessment to determine whether the proposal may affect matters listed under Commonwealth or State threatened species listings; if so, incorporate rigorous mitigation and evidence to the Council (reg 19(1)(e)).
For projects intersecting mining, development or infrastructure approvals, coordinate multidisciplinary compliance to ensure management plans under the Mining Act, Development Act or Planning Act align with Council requirements under these Regulations (regs 13-16, Schedule 1 Part 4).
Where substantial clearance is proposed, consider negotiating staged approvals and pre‑agreeing monitoring and reporting regimes with the Council to reduce the risk of refusal on the grounds of residual significant adverse impacts (reg 11(3)).
Treat Council standards and guidelines as primary compliance instruments. Obtain and adhere to the current suite of Council guidelines prepared under s 25 of the Act (reg 6), and anticipate that guidance may evolve.

Following these steps will not eliminate all regulatory uncertainty, but will align a clearing proposal with the principal procedural and substantive obligations the Regulations impose and reduce the chance of administrative refusal, title encumbrances and monetary penalties.

Native Vegetation Regulations 2017

Plain English Summary

Deep Dive

What it does

Current sections

Native Vegetation Regulations 2017

Source text: opening excerpt

1 Native Vegetation Regulations 2017

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply