Landscape South Australia Act 2019.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Act sets the discipline for landscape and water management in South Australia and its object is to support and enhance ecologically sustainable development by establishing an integrated scheme to promote the use and management of the natural resources. It consists of 249 articles divided into 13 parts, followed by 5 annexed scheduled.
Part 1 entails preliminary provisions, sets statutory objectives and sustainable development principles. Part 2 regulates natural resource management’s Administration; it identifies Minister’s functions and delegation powers and lays down the discipline regarding Landscape Management Regions and Landscape Management Boards (it outlines Board’s functions, powers, composition and membership rules, procedures for meetings and funding system). Part 3, State landscape strategy, assigns the Minister with the responsibility of preparing and maintaining a plan to be called the State Landscape Strategy to set out principles, policies and high-level strategic directions for achieving the objects of this Act throughout the State.
Part 4 identifies and provides disciplines for two management instruments administered by the Landscape Management Board: The Regional Landscape Plans (Division 1) and the Water Allocation Plans (Division 2). The Regional Landscape Plans must be prepared and maintained by the Landscape Management Board for the purposes of its operations and to promote the objects of this Act; the Plan must include, among other elements, information about the issues surrounding the management of natural resources and the state of landscapes, including details on methods for protecting, improving and enhancing the quality or value of natural resources, the strategic priorities identified in the strategic plan and how these priorities are expected to maintain, protect, improve or enhance the state of landscape. Under Division 2, the Landscape Management Board, must also prepare a Water Allocation Plan, for each prescribed water resource in its region and trans-boundary water sources; the Plan must include, among other elements, an assessment of the quantity and quality of water needed by the ecosystems, an assessment on detrimental effect due to use of water, an assessment of the capacity of the water resource to meet environmental water requirements, it must set out principles associated with the determination of water access entitlements, must take into account the present and future needs of the occupiers of land, and must identify and assess methods for the conservation, use and management of water in an efficient and sustainable manner.
Part 5 regulates the discipline regarding landscape and water levies, including calculation of charges, liability, refund and penalties. Under Division 1 Constituent Councils are responsible to make a contribution towards the costs of the Landscape Management Board performing its functions under this Act and in order to reimburse themselves for the amounts contributed (or to be contributed) must impose a levy (a regional landscape levy) on rateable land in the region of the Board. The Board itself may, if the annual business plan specifies an amount to be contributed by persons who occupy land outside council area, by notice in the Gazette, declare a levy. Under Division 2, the Minister may declare, by notice in the Gazette, that a person is responsible for paying a water levy or levies when they are holders of any water management authorisation, are the holders of imported water permits; or are authorised to take water from a water resource or are the holders of forest water licences.
Part 6 establishes the Landscape Administration Fund and Regional Landscape Board Funds, and Part 7 briefly sets special provisions relating to management and protection of land; e.g. the owner of a land may be required by the authority to prepare an action plan when is in breach or likely to be in breach of the general statutory duty related to land management practices or activities and this result in unreasonable degradation of land or an unreasonable risk of degradation of land.
Part 8 thoroughly regulates the Management and protection of water resources; it outlines general rights in relation to water (Division 1), control systems, measures and activities affecting water (e.g. preparation of a water affecting activities control policy and the authority responsible for it, water affecting activities and permit system, dams, wells) (Division 2), water licensing and water allocation rights and entitlements such as water resource works and site use (Division 3). Under Division 4 the Minister can reserve and allocate excess water by notice. Division 5 sets the basis for water conservation measures to be then established by regulation. Division 6 lays down the discipline for Forest Water Licences
Part 9 entails regulation on possession, movement, sale and offences, among other aspects related the management of plants and animals. The Minister by notice in the Gazette can declare that a specified provision of this Part applies to a specified class of animals or plants, as well as vary or revoke a notice.
Part 10 appoints Authorised officers of enforcement duties and powers and lays down civil remedies discipline for orders issued by landscape boards and for orders made by the ERD Court. Part 11 recognises the Right of appeal and Part 12 describes and disciplines Management Agreements between Minister and owner of land as instrument to protect, conserve, manage, enhance, restore or rehabilitate any natural resources or for the management of any other matter associated with furthering the objects of this Act. Part 13 covers different miscellaneous aspects, such as Native Title and many others.
Part 1 entails preliminary provisions, sets statutory objectives and sustainable development principles. Part 2 regulates natural resource management’s Administration; it identifies Minister’s functions and delegation powers and lays down the discipline regarding Landscape Management Regions and Landscape Management Boards (it outlines Board’s functions, powers, composition and membership rules, procedures for meetings and funding system). Part 3, State landscape strategy, assigns the Minister with the responsibility of preparing and maintaining a plan to be called the State Landscape Strategy to set out principles, policies and high-level strategic directions for achieving the objects of this Act throughout the State.
Part 4 identifies and provides disciplines for two management instruments administered by the Landscape Management Board: The Regional Landscape Plans (Division 1) and the Water Allocation Plans (Division 2). The Regional Landscape Plans must be prepared and maintained by the Landscape Management Board for the purposes of its operations and to promote the objects of this Act; the Plan must include, among other elements, information about the issues surrounding the management of natural resources and the state of landscapes, including details on methods for protecting, improving and enhancing the quality or value of natural resources, the strategic priorities identified in the strategic plan and how these priorities are expected to maintain, protect, improve or enhance the state of landscape. Under Division 2, the Landscape Management Board, must also prepare a Water Allocation Plan, for each prescribed water resource in its region and trans-boundary water sources; the Plan must include, among other elements, an assessment of the quantity and quality of water needed by the ecosystems, an assessment on detrimental effect due to use of water, an assessment of the capacity of the water resource to meet environmental water requirements, it must set out principles associated with the determination of water access entitlements, must take into account the present and future needs of the occupiers of land, and must identify and assess methods for the conservation, use and management of water in an efficient and sustainable manner.
Part 5 regulates the discipline regarding landscape and water levies, including calculation of charges, liability, refund and penalties. Under Division 1 Constituent Councils are responsible to make a contribution towards the costs of the Landscape Management Board performing its functions under this Act and in order to reimburse themselves for the amounts contributed (or to be contributed) must impose a levy (a regional landscape levy) on rateable land in the region of the Board. The Board itself may, if the annual business plan specifies an amount to be contributed by persons who occupy land outside council area, by notice in the Gazette, declare a levy. Under Division 2, the Minister may declare, by notice in the Gazette, that a person is responsible for paying a water levy or levies when they are holders of any water management authorisation, are the holders of imported water permits; or are authorised to take water from a water resource or are the holders of forest water licences.
Part 6 establishes the Landscape Administration Fund and Regional Landscape Board Funds, and Part 7 briefly sets special provisions relating to management and protection of land; e.g. the owner of a land may be required by the authority to prepare an action plan when is in breach or likely to be in breach of the general statutory duty related to land management practices or activities and this result in unreasonable degradation of land or an unreasonable risk of degradation of land.
Part 8 thoroughly regulates the Management and protection of water resources; it outlines general rights in relation to water (Division 1), control systems, measures and activities affecting water (e.g. preparation of a water affecting activities control policy and the authority responsible for it, water affecting activities and permit system, dams, wells) (Division 2), water licensing and water allocation rights and entitlements such as water resource works and site use (Division 3). Under Division 4 the Minister can reserve and allocate excess water by notice. Division 5 sets the basis for water conservation measures to be then established by regulation. Division 6 lays down the discipline for Forest Water Licences
Part 9 entails regulation on possession, movement, sale and offences, among other aspects related the management of plants and animals. The Minister by notice in the Gazette can declare that a specified provision of this Part applies to a specified class of animals or plants, as well as vary or revoke a notice.
Part 10 appoints Authorised officers of enforcement duties and powers and lays down civil remedies discipline for orders issued by landscape boards and for orders made by the ERD Court. Part 11 recognises the Right of appeal and Part 12 describes and disciplines Management Agreements between Minister and owner of land as instrument to protect, conserve, manage, enhance, restore or rehabilitate any natural resources or for the management of any other matter associated with furthering the objects of this Act. Part 13 covers different miscellaneous aspects, such as Native Title and many others.
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Long title of text
An Act to promote sustainable and integrated management of the State's landscapes, to make provision for the protection of the State's natural resources, to repeal the Natural Resources Management Act 2004 and to make consequential amendments to other Acts, and for other purposes.
Repealed
No
Source language
English
Legislation Amendment
No
Amends
Amended by