Native Vegetation Act 1991.

The Act is a comprehensive legislative framework aimed at conserving, protecting, and enhancing the state’s native vegetation. The Act establishes the Native Vegetation Council, which is responsible for overseeing the condition of native vegetation, advising the Minister on preservation and management, determining applications for clearance, and administering the Native Vegetation Fund. It defines native vegetation, sets out the principles for clearance, and provides mechanisms for heritage agreements, financial assistance to landowners, and the creation and assignment of environmental benefit credits. The Act also details the processes for obtaining consent to clear native vegetation, the conditions that may be attached to such consent, and the enforcement mechanisms, including civil proceedings and penalties for unauthorized clearance.
The Act emphasises preventing the loss of biodiversity, land degradation, and critical habitat, while also encouraging landowners to participate in conservation efforts through incentives and support. The Act limits the clearance of native vegetation and requires that any loss be offset by significant environmental benefits, either through direct action or financial contributions to the Fund. It also provides for public participation, consultation with relevant boards and ministers, and transparency through public registers. Enforcement provisions empower authorized officers to investigate breaches, issue directions, and initiate proceedings in the Environment, Resources and Development Court.