Bills

Landscape South Australia Bill

Final Stages

The Legislative Council agreed to the bill with the amendments and suggested amendments indicated by the following schedule, to which amendments and suggested amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 3, page 20, after line 26 [clause 3(1)]—Insert:

peak body means—

(a) the LGA; and

(b) Primary Producers SA Incorporated; and

(c) Conservation Council of South Australia Incorporated;

No. 2. Clause 3, page 21, line 15 [clause 3(1), definition of regional landscape levy]—Delete the definition and substitute 'regional landscape levy means a levy declared under Part 5 Division 1 Subdivision 1;'

No. 3. Clause 7, page 27, lines 31 to 33 [clause 7(1)]—Delete 'the ecologically sustainable development of the natural resources that make up or contribute to our State's landscape' and substitute:

ecologically sustainable development by establishing an integrated scheme to promote the use and management of the natural resources that make up or contribute to our State's landscape

No. 4. Clause 7, page 28, lines 1 to 3 [clause 7(1)(c)]—Delete paragraph (c) and substitute:

(c) provides for the protection, enhancement, restoration and sustainable management of—

(i) land, soil and water resources; and

(ii) native fauna and flora,

especially so that they are resilient in the face of change; and

No. 5. Clause 7, page 28, lines 4 and 5 [clause 7(1)(d)]—Delete paragraph (d) and substitute:

(d) promotes, protects and conserves biodiversity, and insofar as is reasonably practicable, supports and encourages the restoration or rehabilitation of ecological systems and processes that have been lost or degraded, and promotes the health of ecosystems so that they are resilient in the face of change; and

No. 6. Clause 7, page 28, line 6 [clause 7(1)(e)]—After 'environment' insert:

(including a recognition of the need for mitigation and adaptation)

No. 7. Clause 7, page 28, after line 41 [clause 7(3)]—Insert:

(ca) environmental factors should be taken into account when valuing or assessing assets or services;

No. 8. Clause 7, page 29, after line 4 [clause 7(3)]—Insert:

(da) consideration should be given to the conservation of biological diversity and ecological integrity;

No. 9. Clause 8, page 29, line 27 [clause 8(2)(a)]—After 'resources,' insert 'including the protection of biodiversity,'

No. 10. Clause 8, page 29, line 30 [clause 8(2)(b)]—After 'including' insert 'in relation to the state of matters regarding biodiversity and'

No. 11. Clause 8, page 29, line 36 [clause 8(2)(e)]—After 'resources' insert 'including in relation to the environment and its biodiversity'

No. 12. Clause 8, page 29, line 38 [clause 8(2)(f)]—After 'environment' insert 'and its biodiversity'

No. 13. Clause 8, page 29, line 40 [clause 8(2)(g)]—After 'resources' insert 'including the environment and its biodiversity'

No. 14. Clause 11, page 32, line 30 [clause 11(2)(a)]—After 'environment' insert 'and give particular attention to water catchment areas'

No. 15. Clause 11, page 33, after line 7 [clause 11]—Insert:

(4a) The Minister must, before a proclamation is made under subsection (3), give each peak body notice of the proposed proclamation under that subsection and give consideration to any submission made by any peak body within a period (being at least 21 days) specified in the notice.

No. 16. Clause 13, page 34, after line 8 [clause 13]—Insert:

(4a) The Minister must, before publishing a notice under subsection (3), give each peak body notice of the Minister's intention to publish a notice under that subsection and give consideration to any submission made by any peak body within a period (being at least 21 days) specified in the notice.

No. 17. Clause 15, page 35, after line 5 [clause 15]—Insert:

(3a) Of the members of a regional landscape board that are to be appointed by the Minister under subsection (1)(a), (2) or (3), at least 1 must be a member or officer of a council at the time of the member's appointment unless—

(a) the board's region does not include any part of the area of a council; or

(b) the Minister cannot, after taking reasonable steps, find a member or officer of a council who—

(i) in the opinion of the Minister, is suitable to be appointed as a member of the board; or

(ii) is willing and available to be a member of the board.

(3b) Before appointing a person or persons under subsection (1)(a), (2) or (3), the Minister must give each peak body notice of the fact that an appointment or appointments are to be made and give consideration to any submission made by any such body within a period (of at least 21 days) specified by the Minister.

No. 18. Clause 16, page 35, lines 21 to 23 [clause 16(1)]—Delete subclause (1) and substitute:

(1) A regional landscape board must consist of persons who collectively have the knowledge, skills and experience necessary to enable the board to carry out its functions, including, so far as is reasonably practicable, knowledge, skills and experience across the following areas:

(a) community affairs at the regional level;

(b) primary production or pastoral land management;

(c) soil conservation and land management;

(d) conservation and biodiversity management;

(e) water resources management;

(f) business management;

(g) local government or local government administration;

(h) urban or regional planning;

(i) Aboriginal interest in the land and water, and Aboriginal heritage;

(j) pest animal and plant control;

(k) natural and social science;

(l) if relevant—coast, estuarine and marine management, fisheries or aquaculture.

No. 19. Clause 16, page 35, lines 24 to 28 [clause 16(2)]—Delete subclause (2)

No. 20. Clause 16, page 35, lines 32 and 33 [clause 16(3)(a)]—Delete 'determined by the Minister (and the Minister may put in place processes to ensure' and substitute:

referred to in subsection (1) (and the Minister must put in place processes to ensure, so far as is reasonably practicable,

No. 21. Clause 16, page 35, line 39 [clause 16(4)]—Delete 'subsection (3)' and substitute 'subsection (3)(b)'

No. 22. Clause 17, page 36, line 36 [clause 17(3)(a)(ii)]—Delete 'section 17(1)' and substitute 'section 17(1)(a)(i) and (b),'

No. 23. Clause 17, page 37, line 11 [clause 17(3)(b)(ii)]—Delete 'section 17(1)' and substitute 'section 17(1)(a)(i) and (b),'

No. 24. Clause 17, page 37, after line 35 [clause 17]—Insert:

(6a) If—

(a) a council is constituted by an administrator or administrators (whether under the Local Government Act 1999 or any other Act) at the time that the processes for the conduct of an election are commenced (being at a date determined by the Minister for the purposes of this subsection); and

(b) the Minister determines, by notice in the gazette, that this subsection should apply for the purposes of the election (on the ground that it is not practicable or appropriate to use the council's voters roll for the purposes of the election),

subsections (3), (4) and (5) will apply as if the council did not exist (and as if the area in relation to which the council is constituted were an area outside the area of a council).

No. 25. New clauses, page 39, after line 32—Insert:

22A—Meetings of boards to be held in public

(1) Subject to this clause, a meeting of a regional landscape board must be conducted in a place open to the public.

(2) A regional landscape board must give public notice of its intention to hold a meeting that will be open to the public in accordance with the requirements prescribed by the regulations.

(3) The notice must state the time and place at which the meeting will be held.

(4) The regulations may dispense with the requirement to give notice in prescribed circumstances.

(5) A regional landscape board may order that the public be excluded from attendance at a meeting if the board considers it to be necessary and appropriate to act in a meeting closed to the public in order to receive, discuss or consider any prescribed information or matter in confidence.

(6) A member of the public who, knowing that an order is in force under subsection (5), enters or remains in a room in which a meeting of the board is being held is guilty of an offence.

Maximum penalty: $2,500.

(7) If an order is made under subsection (5), a note must be made in the minutes of the making of the order and of the grounds on which it was made.

22B—Agenda and minutes of meetings open to public to be made available

(1) A regional landscape board must make available to members of the public copies of the agenda, and copies of the minutes, of each meeting, or the part of each meeting, that is open to members of the public by publishing them on a website determined by the board, or in such other manner prescribed by the regulations.

(2) An agenda under subsection (1) must be made available at least 3 days before the meeting to which it relates is held except where the meeting is held in urgent circumstances.

No. 26. Clause 23, page 39, line 39 [clause 23(1)(a)]—After 'landscape management' insert 'and biodiversity conservation'

No. 27. Clause 23, page 40, after line 24 [clause 23(1)]—Insert:

(ea) to undertake an active role in ensuring, insofar as is reasonably practical, that the board's regional landscape plan, landscape affecting activities control policies, water allocation plans and water affecting activities control policies, advance the objects of the Native Vegetation Act 1991 and promote the conservation of wildlife as envisaged under the National Parks and Wildlife Act 1972; and

No. 28. Clause 23, page 41, after line 16 [clause 23(4)]—Insert:

(ab) the constituent councils for the region, and other councils as may be relevant; and

No. 29. Clause 24, page 41, line 38 [clause 24(2)(e)]—Delete 'and flora' and substitute ', flora and ecosystem health'

No. 30. Clause 42, page 53, after line 41 [clause 42(3)]—Insert:

(da) assess the state and condition of the natural resources of the State; and

No. 31. Clause 42, page 54, after line 2 [clause 42(3)]—Insert:

(ea) provide for monitoring and evaluating the state and condition of the natural resources of the State; and

No. 32. Clause 42, page 54, line 8 [clause 42(4)(a)]—Delete paragraph (a)

No. 33. Clause 42, page 54, after line 11 [clause 42(4)]—Insert:

(d) the best available climate science information.

No. 34. Clause 43, page 54, line 19 [clause 43(1)]—Delete 'The Minister' and substitute 'Subject to subsections (1a) and (1b), the Minister'

No. 35. Clause 43, page 54, after line 24 [clause 43]—Insert:

(1a) The Minister must at least, in acting under subsection (1), consult with each peak body.

No. 36. Clause 43, page 54, after line 24 [clause 43]—Insert:

(1b) The Minister must at least, in acting under subsection (1), consult with bodies (other than peak bodies) that are, in the opinion of the Minister, bodies interested or involved in management of the State's landscapes.

No. 37. Clause 45, page 55, after line 8 [clause 45(1)]—Insert:

(aa) include information about the issues surrounding the management of natural resources and the state of landscapes at the regional and local level, including information as to methods for protecting, improving and enhancing the quality or value of natural resources within the relevant region, and the health of those aspects of the environment that depend on those natural resources; and

No. 38. Clause 45, page 55, line 21 [clause 45(1)(c)]—After 'level' insert ', with particular reference to the conservation, use and management of natural resources,'

No. 39. Clause 45, page 55, after line 34 [clause 45]—Insert:

(1a) A regional landscape plan must take into account the best available climate science information.

No. 40. Clause 49, page 58, lines 27 to 41 and page 59, line 1 [clause 49(4)(a) to (g)]—Delete paragraphs (a) to (g) (inclusive) and substitute:

(a) for a levy to be imposed under Part 5 Division 1 where a levy has not been imposed by the board in relation to the financial year immediately preceding the relevant financial year; or

(b) to impose a levy under Part 5 Division 1 which will require the approval of the Minister under section 65(4) or 69(10); or

(c) to change the basis of a levy under section 66(1) or 69(4); or

No. 41. Clause 49, page 59, lines 12 to 18 [clause 49(5)(b) and (c)]—Delete paragraphs (b) and (c) and substitute:

(b) at the conclusion of the processes and consultation required under paragraph (a)—prepare a report to the Minister on the outcome of those processes and that consultation.

No. 42. Clause 49, page 59, line 23 [clause 49(7)]—Delete '(5)(c)' and substitute '(5)(b)'

No. 43. Clause 49, page 59, line 31 [clause 49(9)(a)(ii)]—Delete '64(5)' and substitute '65(4)'

No. 44. Clause 49, page 60, line 18 [clause 49(14)(b)]—Delete '64(4)' and substitute '65(3)'

No. 45. New clause, page 209, after line 38—After clause 246 insert:

247—Review of Act

(1) The Minister must, as soon as practicable after the expiry of 3 years from the commencement of this section, appoint an independent person who has, in the opinion of the Minister, extensive knowledge, skills and experience in relation to the management of natural resources, to conduct a review of the operation and effectiveness of this Act since that commencement.

(2) A report on the review must be submitted to the Minister within 6 months of the commencement of the review.

(3) The Minister must, within 12 sitting days after receiving the report, cause a copy of the report to be laid before both Houses of Parliament.

No. 46. Schedule 5, page 227, after line 8 [Schedule 5 Part 16]—Insert:

48A—Amendment of section 65—Use of poison

Section 65(3)(a)—delete 'in pursuance of the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986' and substitute:

under the Landscape South Australia Act 2019

No. 47. Schedule 5, page 233, lines 1 to 4 [Schedule 5, clause 88(2)]—Delete subclause (2)

No. 48. Schedule 5, page 234, lines 23 to 32 [Schedule 5, clause 88(8)]—Delete subclause (8) and substitute:

(8) In relation to any other board established under this Act—

(a) elections for the purposes of section 15(1)(b) will not be held until 2022; and

(b) the Minister must ensure that the elections held in 2022 are conducted so that voting closes at 5 p.m. on the last business day before the second Saturday of November 2022; and

(c) a person elected in an election in 2022 will take office on a day determined by the Minister; and

(d) until the day determined under paragraph (c), the board will be constituted by 7 members appointed by the Minister.

No. 49. Schedule 5, page 234, lines 37 and 38 [Schedule 5, clause 88(10)]—Delete 'before the day determined by the Minister in relation to that board under subclause (8)' and substitute:

until the Minister determines to constitute the board with 7 members

No. 50. Schedule 5, page 234, lines 39 and 40 [Schedule 5, clause 88(11)]—Delete 'until the day determined by the Minister in relation to that board under subclause (8)' and substitute:

until the Minister determines to constitute the board with 7 members

SCHEDULE OF THE SUGGESTED AMENDMENTS MADE BY THE LEGISLATIVE COUNCIL

No. 1. Clauses 64 to 68, page 71, line 4 to page 74, line 13—Delete clauses 64 to 68 (inclusive) and substitute:

64—Interpretation

In this Subdivision, unless the contrary intention appears—

rateable land means rateable land under the Local Government Act 1999;

ratepayer means a ratepayer under the Local Government Act 1999.

65—Board may declare levy

(1) If the annual business plan for a regional landscape board specifies an amount to be contributed by ratepayers in respect of rateable land within the region of the board towards the costs of the board performing its functions under this Act in a particular financial year, the board may, by notice in the Gazette, declare a levy (a regional landscape levy) under this Subdivision.

(2) The amount specified by a regional landscape board in an annual business plan under subsection (1) in respect of a particular financial year should not exceed—

(a) unless paragraph (b) or (c) applies—the amount imposed by the board under this Subdivision for the immediately preceding financial year adjusted by the percentage applying under subsection (3); or

(b) an amount allowed by the Minister under subsection (4); or

(c) an amount approved by the Minister under subsection (6).

(3) The percentage applying under this subsection in respect of a particular financial year is the percentage change in the CPI (expressed to 1 decimal place) when comparing the CPI for the September quarter of the immediately preceding financial year with the CPI for the September quarter of the financial year immediately before that preceding financial year, being this percentage change published by the Australian Bureau of Statistics.

(4) The Minister may allow a regional landscape board to specify an amount under this section that exceeds the amount that would otherwise be payable under subsection (2)(a) if the Minister is satisfied that exceptional circumstances exist that justify the principle established by subsection (2)(a) not applying in relation to the board for a particular financial year.

(5) For the purposes of subsection (4), exceptional circumstances must fall into 1 of the following cases:

(a) that there is an urgent need to address an issue with existing infrastructure located within the board's region that cannot reasonably be dealt with through other funding sources or over a longer period;

(b) that there has been a natural or environmental disaster that has resulted in extraordinary measures being proposed by the board;

(c) that some other major event with an adverse impact on a significant part of the community within the board's region has occurred and the board considers that it should take immediate action in relation to the matter;

(d) that some other situation exists that is exceptional and that the benefits in allowing the board to impose an amount under subsection (4) in a particular financial year outweigh the fact that additional costs are to be imposed on the relevant community in a particular financial year.

(6) In a case where a regional landscape board did not declare a levy under this Subdivision in relation to the immediately preceding financial year, the Minister may approve an amount under this subsection for the relevant financial year after taking into account such matters as the Minister thinks fit.

66—Basis of levy

(1) A levy declared under this Subdivision may be based on 1 of the following factors, as specified in the relevant annual business plan:

(a) the capital value of rateable land;

(b) a fixed charge of the same amount on all rateable land within the relevant region;

(c) a fixed charge of an amount that depends on the purpose for which rateable land is used;

(d) the area of rateable land;

(e) any other factor prescribed by the regulations.

(2) Differential levies may be declared on any basis prescribed by the regulations.

(3) The purposes for which land may be used that may be the basis of a regional landscape levy under subsection (1)(c) may be prescribed by the regulations.

(4) A regional landscape board may, in declaring a regional landscape levy, fix a minimum amount payable by way of a levy under this Subdivision (despite a preceding subsection).

67—Liability for levy

(1) The person who is the ratepayer in respect of rateable land at 12.01 a.m. on 1 July of the financial year for which a regional landscape levy is declared is liable to pay the levy to the regional landscape board.

(2) Two or more persons who are ratepayers for the same land are jointly and severally liable for the regional landscape levy in respect of that land and are entitled to contribution between each other in proportion to the value of their respective interests in the land.

(3) A subsequent ratepayer of land is liable for a regional landscape levy, in respect of that land, that has not been paid by the person or persons liable under subsection (1) or (2).

(4) A subsequent ratepayer who has paid the whole or any part of a regional landscape levy is entitled to recover—

(a) the amount paid from the person primarily liable or, if there are 2 or more such persons, from any 1 or more of them;

(b) a part of the amount paid from another ratepayer (if any) in respect of the land that is in proportion to the value of their respective interests in the land.

(5) The Governor may, by regulation, grant remissions in respect of the levy, or part of the levy.

(6) In this section—

subsequent ratepayer includes a person who has ceased to be a ratepayer in respect of rateable land.

68—Constituent councils to provide information

(1) In connection with the operation of section 67, each constituent council for the region of the regional landscape board must, in accordance with the regulations, provide to the board—

(a) a full copy of its assessment record under section 172 of the Local Government Act 1999, as it is up-to-date for 1 July of the financial year in respect of which the regional landscape levy is to be imposed; and

(b) such other information prescribed by the regulations.

(2) The relevant regional landscape board is liable to pay a fee, determined by the Minister after consultation with the LGA, to a council in connection with the council providing an assessment record or other information under subsection (1).

68A—Notice of levy

(1) The relevant regional landscape board must as soon as is reasonably practicable after the declaration of a regional landscape levy cause a notice of the amount of the levy that must be payable in respect of any land for the relevant financial year to be served on the person liable to pay the levy.

(2) The notice must state—

(a) the amount of the levy payable; and

(b) the factor on which the levy is based and, if it is a differential levy, the differential basis; and

(c) the date on or before which the levy must be paid or, if the regional landscape board is prepared to accept payment in instalments, the amount of each instalment and the date on or before which it must be paid.

(3) If there are 2 or more persons liable to pay a levy, service of a notice on 1 of them will be taken to be service on both or all of them.

(4) A regional landscape board—

(a) may arrange for service of a notice to be effected as part of any other notice served by a public authority or other person (with the agreement of that public authority or person); and

(b) may arrange for collection of a levy to be effected by a public authority or other person (with the agreement of that public authority or person).

(5) The Governor may, by regulation, make any other provisions for the collection of the levy.

68B—Funds may be expended in subsequent years

To avoid doubt, if an amount due or paid to a regional landscape board under this Subdivision is not received or spent by the regional landscape board in the relevant financial year, it may be spent by the board in a subsequent financial year.

68C—Regulations

The Governor may, by regulation, provide for such other matters relating to the operation or administration of this Subdivision as the Governor thinks fit.

No. 2. Clause 80, page 85, after line 5 [clause 80]—Insert:

(aa) a regional landscape levy; and

No. 3. Clause 83, page 85, line 22 [clause 83(1)]—Delete 'In the case of an OC levy,' and substitute:

In the case of a regional landscape levy or an OC levy,

No. 4. Schedule 5, clause 94, page 237, line 13 [Schedule 5, clause 94(4)]—Delete 'amounts or contributions' and substitute 'levies or amounts'

No. 5. Schedule 5, clause 94, page 237, lines 19 to 22 [Schedule 5, clause 94(5)]—Delete subclause (5)