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Landscape South Australia (General) Regulations 2020 Under the Landscape South Australia Act 2019

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Landscape South Australia (General) Regulations 2020 Under the Landscape South Australia Act 2019 Draft for comment South Australia Landscape South Australia (General) Regulations 2020 under the Landscape South Australia Act 2019 Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation Part 2—Legislative definitions 4 Definition of animal 5 Definition of animal-proof fence 6 Definition of plant Part 3—Regional landscape boards and plans Division 1—Regional landscape boards 7 Notice of meetings (section 23 of Act) 8 Annual reports (section 39 of Act) 9 Assignment of responsibility for infrastructure (section 42(3) of Act) Division 2—Annual business plans 10 Annual business plans (section 51 of Act) Part 4—Levies Division 1—Levies in respect of land within council areas 11 Interest payable by councils (section 67 of Act) 12 Imposition of levy by councils (section 69 of Act) 13 Refunds to councils in relation to unpaid regional landscape levies (section 69(10) of Act) 14 Costs of councils (section 70 of Act) 15 Contributions by constituent councils—rateable land divided by boundaries of 2 or more landscape management regions or councils (section 73 of Act) Division 2—Levies in respect of land outside council areas 16 Exclusions of certain land from operation of section 71 of Act 17 Outside council areas—differential levies (section 71 of Act) 18 Remissions—contiguous land 19 Remissions—single farm enterprises Division 3—Special provisions 20 Interest payable in cases of default (section 83 of Act) 21 Regional landscape levy first charge on land (section 85 of Act) GP 151 AW/AW 17.3.2020 12:19 PM 1 Prepared by Parliamentary Counsel Draft Landscape South Australia (General) Regulations 2020 Contents Part 5—Statutory funds 22 The Landscape Administration Fund (section 90 of Act) Part 6—Control of plants and animals Division 1—Control provisions 23 Sale of produce or goods carrying plants 24 Destruction of dingoes and wild dogs 25 Measures for control and treatment of animals and plants (section 192(3) of Act) Division 2—Permits 26 Permits Part 7—Exemptions 27 Movement of animals and plants 28 Sale of wool or grain etc carrying plants 29 Release of animals Part 8—Miscellaneous 30 Review of notices 31 Applications for warrants (sections 31 and 204 of Act) 32 Reimbursement of expenses (section 204(13) of Act) 33 Service of notices or other documents 34 Criminal jurisdiction of ERD Court (section 231 of Act) 35 Exemption of part of State from certain provisions of the Act 36 Correction of certain errors 37 Cultana Training Area 38 Fees 39 Amendment of landscapes affecting activities control policies Schedule 1—Prescribed requirements for animal-proof fences 1 Prescribed requirements for dog-proof fences 2 Prescribed requirements for rabbit-proof fences Schedule 2—Revocation of Regulations 1 Revocation of Natural Resources Management (General) Regulations 2005 2 Revocation of Natural Resources Management (Financial Provisions) Regulations 2005 3 Revocation of Natural Resources Management (Fees) Regulations 2018 4 Revocation of Natural Resources Management (Transitional Provisions—Levies) Regulations 2005 Part 1—Preliminary 1—Short title These regulations may be cited as the Landscape South Australia (General) Regulations 2020. 2 GP 151 AW/AW 17.3.2020 12:19 PM Prepared by Parliamentary Counsel Draft Landscape South Australia (General) Regulations 2020 Preliminary—Part 1 2—Commencement These regulations come into operation on 1 July 2020. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Landscape South Australia Act 2019. Part 2—Legislative definitions 4—Definition of animal (1) The following classes of animals are excluded from the definition of animal in section 3(1) of the Act: (a) fish; (b) invertebrates. (2) Subregulation (1) only applies for the purposes of Part 9 of the Act. (3) In this regulation— fish has the same meaning as in the Fisheries Management Act 2007. 5—Definition of animal-proof fence For the purposes of the definition of animal-proof fence in section 3(1) of the Act, the requirements set out in Schedule 1 are prescribed for fences of a kind specified in that Schedule. 6—Definition of plant (1) The following classes of vegetation or material are excluded from the definition of plant in section 3(1) of the Act: (a) non-living plant products including processed timber, food or medicinal products; (b) bacteria, fungi, algae and micro-organisms. (2) Subregulation (1) only applies for the purposes of Part 9 of the Act. Part 3—Regional landscape boards and plans Division 1—Regional landscape boards 7—Notice of meetings (section 23 of Act) (1) A notice under section 23(2) of the Act must be given by a regional landscape board by— (a) publishing a notice on the board's website; or (b) in such other manner determined by the regional landscape board. GP 151 AW/AW 17.3.2020 12:19 PM 3 Prepared by Parliamentary Counsel Draft Landscape South Australia (General) Regulations 2020 Part 3—Regional landscape boards and plans Division 1—Regional landscape boards (2) The requirement to give notice is dispensed with if— (a) the only matters on the agenda for the relevant meeting relate to the receipt, discussion or consideration of information or matter specified in subregulation (3); and (b) the presiding member of the regional landscape board (or their delegate) has determined that there is a reasonable likelihood that the board will close the whole of the meeting to the public. (3) For the purposes of section 23(5) of the Act, the following information or matters are prescribed: (a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead); (b) information the disclosure of which— (i) could reasonably be expected to confer a commercial advantage on a person, or to prejudice the commercial position of a person; and (ii) would, on balance, be contrary to the public interest; (c) information the disclosure of which would reveal a trade secret; (d) commercial information of a confidential nature (not being a trade secret) the disclosure of which— (i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and (ii) would, on balance, be contrary to the public interest; (e) matters affecting the safety or security of any person or property; (f) information the disclosure of which could reasonably be expected to prejudice the maintenance of law, including by affecting (or potentially affecting) the prevention, detection or investigation of a criminal offence, or the right to a fair trial; (g) matters that must be considered in confidence in order to ensure that the regional landscape board does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty; (h) legal advice; (i) information relating to actual litigation, or litigation that the regional landscape board believes on reasonable grounds will take place; (j) information the disclosure of which— (i) would divulge information provided on a confidential basis by or to a Minister of the Crown, or another public authority or official; and (ii) would, on balance, be contrary to the public interest; or (k) tenders for the supply of goods, the provision of services or the carrying out of works; 4 GP 151 AW/AW 17.3.2020 12:19 PM Prepared by Parliamentary Counsel Draft Landscape South Australia (General) Regulations 2020 Regional landscape boards and plans—Part 3 Regional landscape boards—Division 1 (l) information relating to a proposed amendment to a Development Plan under the Development Act 1993 or the Planning and Design Code under the Planning, Development and Infrastructure Act 2016. 8—Annual reports (section 39 of Act) The annual report of a regional landscape board under section 39 of the Act must include the following information: (a) an assessment of the extent to which the board has succeeded in implementing its annual business plan, and any water allocation plan, landscapes affecting activities control policy and water affecting activities control policy for which the board is responsible or applies in the board's region; (b) the number of meetings (if any) that each member of the board has failed to attend during the relevant year and the reason given by each member for the failure; (c) the persons or bodies to whom or to which the board has delegated functions or powers under section 37 of the Act, and the nature of the functions or powers delegated to each person or body; (d) a report on any functions assigned to the board by the Minister. 9—Assignment of responsibility for infrastructure (section 42(3) of Act) (1) An agreement under section 42 of the Act must— (a) be in writing; and (b) describe the infrastructure with reasonable particularity; and (c) set out the responsibilities that are being assigned to the relevant person; and (d) comply with any instruction issued by the Registrar-General for the purposes of section 42(5) of the Act. (2) Subregulation (1) does not limit or affect the ability to include other provisions, terms or conditions in an agreement under section 42 of the Act. Division 2—Annual business plans 10—Annual business plans (section 51 of Act) For the purposes of section 51(16) of the Act, the approval of the Minister is required in relation to an adjustment to an annual business plan of a regional landscape board in the following circumstances: (a) if the adjustment is inconsistent with the board's regional landscape plan; (b) if the adjustment is to include a proposal of kind referred to in section 51(4) of the Act.
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