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heritage agreement that was entered into in compliance with a condition of consent to clear native vegetation under the repealed Act;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
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