Bills

Native Vegetation (Miscellaneous) Amendment Bill

Introduction and First Reading

The Hon. S.E. CLOSE (Port Adelaide—Deputy Premier, Minister for Industry, Innovation and Science, Minister for Climate, Environment and Water, Minister for Workforce and Population Strategy) (15:48): Obtained leave and introduced a bill for an act to amend the Native Vegetation Act. Read a first time.

Second Reading

The Hon. S.E. CLOSE (Port Adelaide—Deputy Premier, Minister for Industry, Innovation and Science, Minister for Climate, Environment and Water, Minister for Workforce and Population Strategy) (15:49): I move:

That this bill be now read a second time.

In commending the bill to the house, I will introduce its intent and purpose. Native vegetation comprises the native flora of our state, including trees, shrubs, sedges, herbs and grasses, and incorporates simpler life forms, such as mosses, lichens and fungi. The extent of vegetation coverage varies across the state, with 26 per cent of native vegetation cover remaining across the agricultural districts.

Native vegetation provides essential ecosystem services and is a crucial component of our state's biodiversity. It also provides ecological benefits, such as stabilising stream banks and improving water quality, as well as addressing climate change through absorbing carbon dioxide and, therefore, acting as carbon sinks. These carbon sinks are of significant and growing financial value to farming communities. Native vegetation can also be used to control and reverse forms of land degradation such as erosion and salinity, potentially saving the agricultural sector millions of dollars.

Common and threatened species rely on our state's native vegetation, which provides them with habitat and, in many cases, a source of food. Native vegetation also underpins our state's tourism economy by providing opportunities for individuals and communities to engage with nature and attract visitors. Not only does it contribute to wellbeing, it also underpins local economies and the productivity of regional communities. Our state's native vegetation is also integral to our First Nations Peoples' relationship with country.

The Native Vegetation Act 1991 (the act) and the Native Vegetation Regulations 2017 are the legislative basis for the management and protection of native vegetation in the state. The act applies to the majority of the state, with only the main area of metropolitan Adelaide excluded. The act provides incentives and assistance to landowners in relation to the preservation and enhancement of native vegetation, and controls the clearance of native vegetation in the state.

The act was a significant reform when first introduced and has prevented mass vegetation clearance. Parts of the act, however, are outdated, confusing and administratively burdensome to implement. Noting this, the government has proactively sought to identify ways that the act can be improved to administratively support stakeholders, including landowners, agencies and organisations.

The Native Vegetation (Miscellaneous) Amendment Bill 2024 seeks to improve administrative processes and respond to the issues encountered by the Native Vegetation Council, the Department for Environment and Water and other stakeholders. Specifically, this bill clarifies, streamlines and improves assessment and compliance processes; provides consistent and fit-for-purpose clearance requirements; aligns assessment provisions for Planning, Development and Infrastructure Act 2016 referrals; expands the use of the Native Vegetation Fund for additional conservation purposes; expands the range of compliance actions for unauthorised clearance of native vegetation; and increases fees and penalty provisions.

The bill will fulfil the government's election commitment to increase the legislative protection, monitoring and compliance of the act, whilst ruling out any reduction in the legislative protection for native vegetation. Of note, the 2024-25 budget provides $6.5 million in 2024-25 and $7.9 million per annum by 2027-28 to strengthen South Australia's green economic credentials. A portion of the 2024-25 budget funding will be used to protect native vegetation through increased compliance efforts.

The bill does not weaken any protections for native vegetation, nor does it impose any new barriers to obtaining approval for clearance. The government is currently developing the state's first biodiversity act, which seeks to prioritise the protection of biodiversity. The bill aligns to this objective and will support the development of the biodiversity act.

Early consultation occurred in August and September 2023 with stakeholders including government agencies, the Nature Foundation, the Environmental Defenders Office, the Australian Land Conservation Alliance, the Conservation Council, the Local Government Association of South Australia, Livestock South Australia, Primary Producers South Australia, and the South Australian Chamber of Mines and Energy. The stakeholders provided feedback on the policy intent of the changes, which helped to refine and improve the proposed amendments prior to public consultation.

Public consultation on the bill occurred through YourSAy from 17 April 2024 to 29 May 2024. There were 1,856 visits to the dedicated YourSAy webpage and a total of 35 survey responses. Eleven information sessions were also held with key stakeholders such as the Native Vegetation Council, the South Australian Nature Alliance, the Conservation Council of South Australia, Primary Producers South Australia, landscape boards and government departments and agencies. The bill also attracted interest from a range of organisations, peak bodies and agencies, who submitted 40 written submissions.

Stakeholders were largely supportive of most of the proposed changes. I acknowledge and appreciate all of the feedback and contributions provided by stakeholders. The bill will support the Native Vegetation Council and the Department for Environment and Water to administer the act more effectively. The proposed changes will also address administrative challenges encountered by the Native Vegetation Council, the department, development proponents and government agencies. The proposed amendments will also aid informed decision-making.

The proposed compliance provisions will support more effective and efficient compliance and enforcement of the act. Other changes will clarify and streamline assessment processes while ensuring positive native vegetation conservation outcomes. Expanding the use of the Native Vegetation Fund will allow for funds to be used for a greater range of conservation-related activities. I commend the bill to members and seek leave to have the explanation of clauses inserted into Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Native Vegetation Act 1991

3—Amendment of section 3—Interpretation

This clause inserts various definitions that are consequential on the amendments being made by this measure. It also moves the definition of plant community from Schedule 1 of the Act as this term is used in provisions of the Act other than Schedule 1. This clause also deletes the definition of isolated plant (and also deletes subsections (2) to (6) which relate to this definition) as this term will no longer be used in the Act as a consequence of amendments proposed to section 29 of the Act.

4—Insertion of sections 3B to 3D

This clause inserts sections 3B, 3C and 3D.

3B—Mitigation hierarchy

Proposed section 3B sets out the mitigation hierarchy for the purposes of the Act and replicates the current provision in the Native Vegetation Regulations 2017. Its inclusion in the Act is consequential on the proposed amendments to section 29 which sets out the matters the Native Vegetation Council must consider when determining an application for consent to clear native vegetation.

3C—Significant environmental benefit

Proposed section 3C sets out the matters that are relevant to the determination of whether a significant environmental benefit required under the Act has been achieved. It provides that a significant environmental benefit means an environmental benefit that is achieved by measures to establish, restore, regenerate, enhance, manage or protect native vegetation that the Native Vegetation Council is satisfied is of significant value. To be of significant value, the Council must be satisfied that, allowing for the loss of vegetation cleared or to be cleared, the environmental benefit outweighs the adverse impacts of the clearance.

Subsection (4) sets out the matters of which the Council must be satisfied in making this determination. This includes being satisfied that the environmental benefit will continue for a period as long as, or longer than, the effects of any adverse impacts of the clearance, that any measures required to be undertaken are in addition to any other measures that may already be required, and that the environmental benefit would not have been achieved but for the measures required to be undertaken. The Council must also be satisfied that measures by which an environmental benefit is to be achieved will address the impacts on particular vegetation and animal habitat that constitutes or forms part of the vegetation to be cleared unless the Council is satisfied that alternative measures will have a higher conservation value in accordance with Council guidelines. Furthermore, measures should be undertaken in an area or region that is proximate to the land that is to be cleared unless the Council is satisfied that undertaking measures in a different area or region would achieve a benefit that is of higher conservation value in accordance with Council guidelines. The Council must also be satisfied that the measures undertaken will address both the direct and indirect impacts that have resulted or will result from the clearance of the vegetation.

Section 3C provides that a significant environmental benefit may be achieved by measures undertaken by the person proposing to clear the native vegetation, the application of the value of an environmental benefit credited to the person under section 25A or assigned to the person under section 25B, or by measures undertaken by an accredited third party provider in accordance with section 25C.

Where measures for the establishment, restoration, regeneration, enhancement, management and protection of specified native vegetation are required to be undertaken in relation to the achievement of a significant environmental benefit, these must be set out in a native vegetation plan approved by the Council.

If the requirement for a significant environmental benefit relates to clearance of native vegetation required for the purposes of erecting a prescribed building or ancillary facility (within the meaning of proposed Schedule 1A which is being inserted by this measure), the loss of vegetation to be taken into account in assessing the required environmental benefit must include any loss of native vegetation that would result from clearance that would be permitted in relation to the building or facility under a regulation made under section 27(1)(b).

3D—Native vegetation management plans

Proposed section 3D sets out requirements and other matters in relation to native vegetation plans that may be required in relation to the management of native vegetation under the Act. A native vegetation management plan must be in the manner and form determined by the Native Vegetation Council and may contain such provisions as the Council thinks fit. These provisions may include requirements for the planting and nurturing of specified species of native plants or class of plants, the management, control and destruction of introduced animal species and plants of non-endemic species, requirements for the management and control of native animal species, requirements for the erection and maintenance of fencing and the exclusion of livestock and other animals from access to native vegetation, requirements for the monitoring and auditing of native vegetation and the reporting of specified information and requirements relating to the review or variation of the plan. The native vegetation plan may specify the period for or within which measures are to be undertaken or carried out.

5—Amendment of section 11—Procedures at meetings of the Council

This clause amends section 11 of the Act to update the language to be non-gender specific.

6—Insertion of section 14B

This clause inserts a new section.

14B—Committees

Proposed section 14B provides that the Native Vegetation Council may establish such committees at the Council thinks fit to advise or assist it. A committee may, but need not, include a member of the Council. The procedures of a committee may be prescribed by regulation, or to the extent they are not prescribed, may be determined by the Council. A committee may determine its procedures to the extent they are not prescribed or determined by the Council.

7—Amendment of section 21—The Fund

Section 21 sets out provisions relating to the establishment and operation of the Native Vegetation Fund. This clause amends section 21 to make amendments to streamline the operation of the Fund and as a consequence of other amendments proposed by the measure.

Section 21(3) sets out the amounts paid under the Act that constitute the Fund. The proposed amendments to this subsection update cross references to some of these payments, consequential of other amendments made by this measure. The amendments also provide for additional payments to be made into the Fund as a consequence of other amendments proposed by this measure. These include amounts paid into the Fund in accordance with the requirements of a standard operating procedure under section 27(1) (as amended by this measure), amounts paid into the Fund in accordance with proposed new compliance orders and reparation orders, and amounts paid into the Fund in accordance with a condition of consent to clear as contemplated by the proposed section 30(2)(ea) and (eb). Reference to payments into the Fund in accordance with a substituted direction under section 31EA has also been removed as a consequence of the proposed deletion of these directions and insertion of provisions providing for compliance orders and reparation orders.

Section 21(5) provides that payments may be made out of the Native Vegetation Fund to make payments in accordance with the Act. As a consequence of other amendments made by this measure, subsection (5) is amended to provide that payments may be made out of the Fund in relation to money paid into the Fund in accordance with conditions imposed on consent to clear native vegetation to ensure that certain benchmarks are achieved by the person, or an accredited third provider, in relation to the requirement to achieve an environmental benefit in relation to the clearance, or for the purposes of supporting the administration, monitoring and compliance of the achievement of a significant environmental benefit required to be achieved in relation to the clearance.

Similar to the current provisions of section 21(6) to (7), the proposed substituted subsections (6), (7), (8) and (9) set out requirements that apply to money that has been paid into the Fund in particular circumstances. Where money has been paid into the Fund in relation to a requirement to achieve a significant environmental benefit that relates to the clearance of particular native vegetation (including under the regulations), or the terms of a reparation order, the money must be applied in accordance with the requirements set out in section 3C to achieve such a benefit in relation to that clearance. The same applies to money that is paid into the Fund from expiation fees or penalties, or under a Court order, compliance order or reparation order. Such money should be applied in accordance with section 3C in order to address the adverse impact of the loss of native vegetation cleared or damaged as a result of the offence, breach or contravention in relation to which the money was required to be paid into the Fund. Subsection (9) provides that money paid into the Fund for the purposes of administering, monitoring or ensuring compliance with a requirement to achieve a significant environmental benefit must be paid out of the fund for those purposes.

8—Amendment of section 23A—Effect of heritage agreement

Section 23A(2) sets out the various things that a heritage agreement may provide for. This clause amends subsection (2) to include that a heritage agreement may provide for the period for or within which specified measures, actions or requirements that may be set out in the agreement are to be undertaken or carried out. This clause also makes amendments to update the language of section 23A to be non-gender specific and to improve consistency.

9—Amendment of section 23B—Registration of heritage agreements

The amendment proposed to this section updates subsection (2) to provide that the Native Vegetation Council must ensure that the register of heritage agreements is publicly available for inspection without fee on a website, and during ordinary office hours at a public office, determined by the Minister.

10—Amendment of section 23I—Noting of Council's approval against the title to the land

This clause updates the language of section 23I to be non-gender specific.

11—Amendment of section 24—Assistance to landowners

This clause amends the heading of section 24 to reflect the fact that assistance may be provided under that section, as amended by this clause, for the purchase of land. Financial assistance may be provided to purchase land to be used for conserving, protecting or enhancing existing native vegetation, or establishing or restoring native vegetation on the land. The amendments also provide that the land in relation to which financial assistance is granted must be subject to a heritage agreement.

The clause also makes amendments to update the language of the section to be non-gender specific.

12—Amendment and relocation of section 25—Guidelines for the application of assistance and the management of native vegetation

This clause amends the heading to section 25 and relocates this section from Part 4 Division 3 (which relates to financial assistance) to Part 3 Division 1 as section 14A (which sets out other provisions relating to the Native Vegetation Council generally). This is to reflect the broader range of matters that may be the subject of Native Vegetation Council guidelines, as a consequence of the amendments made by this measure to insert proposed section 3C and amendments proposed to section 27 by this measure.

Section 25(1) sets out the matters for which the Council must develop guidelines. This clause inserts an additional matter to provide for guidelines relating to the operation of proposed section 3C(4)(d) and (e) regarding the achievement of an environmental benefit that is of a higher conservation value.

The clause also deletes subsection (1)(d) which provides for guidelines in relation to clearance of native vegetation by the process of cold burn. This is consequential on the amendment proposed by this measure to delete section 27(4a)(a).

This clause makes other consequential amendments and makes amendments to update the manner in which consultation on proposed guidelines is to be advertised and copies of draft guidelines may be purchased or inspected. Publication by notice in the Gazette is retained, however, the reference to newspapers is removed and the ability for notice to be published on a website determined by the Minister and any other method determined by the Council is added.

13—Amendment of section 25A—Credit for environmental benefits

This clause amends section 25A of the Act to require the land on which the native vegetation that is the subject of a credit is situated be subject to a heritage agreement. A person credited under section 25A may be required to enter into a heritage agreement as a condition of the grant of that credit.

The clause also amends section 25A of the Act to allow the Council to impose other conditions on the granting of the credit. Any conditions imposed under that section must be noted on the title of the land to which the credit relates.

It also amends the cross-reference to money paid into the Native Vegetation Fund as an alternative to achieving a significant environmental benefit, which is consequential on the amendments to section 29 of the Act proposed by this measure.

14—Amendment of section 25B—Assignment of credit

This clause amends section 25B of the Act to specify that an assignment of credit under that section may be subject to a requirement that the land on which the native vegetation that is the subject of that credit be subject to a heritage agreement or a management agreement.

15—Amendment of section 25C—Achievement of environmental benefit by accredited third party provider

This clause amends section 25C of the Act to provide that a third party provider must enter into a heritage agreement or a management agreement as a condition of their approval.

The clause also makes amendments consequential on the addition of further conditions that may be attached to a consent to clear native vegetation under section 30 proposed by this measure.

16—Amendment of section 25E—Register

The effect of the amendments to section 25E of the Act are to update the means by which the register kept for the purposes of Part 4A is to be available for inspection (without fee) so that it is available on a website, and at a public office during ordinary office hours, determined by the Minister.

17—Amendment of section 26—Offence of clearing native vegetation contrary to this Part

This clause amends section 26 of the Act to increase the penalties for unauthorised clearance of native vegetation and breaches of conditions of consent to clear native vegetation. The clause also makes amendments consequential on the inclusion of compliance orders and reparation orders proposed by this measure.

18—Amendment of section 27—Clearance of native vegetation

This clause amends section 27 of the Act to include authorisation of clearance of vegetation undertaken in accordance with a standard operating procedure where the clearance is in circumstances, or for the purposes of activities of a kind, specified in the proposed new Schedule 1A. A standard operating procedure must be approved by the Council and provide for a significant environmental benefit to be achieved in relation to the clearance (including by way of payment of money into the Native Vegetation Fund). It may not provide for clearance that could not otherwise be authorised under the Act. The amendments also provide that if the clearance to be undertaken pursuant to a standard operating procedure for the purposes of erecting a prescribed building or ancillary facility (within the meaning of proposed Schedule 1A), the loss of vegetation to be taken into account in assessing the environmental benefit must take into account any loss of native vegetation that would result from clearance that would be permitted in relation to the building or facility under a regulation made under section 27(1)(b).

The clause also amends the section to repeal subsection (4a)(a), which authorised without restriction clearance undertaken as a cold burn and makes additional amendments consequential on its removal.

In addition to the current provisions of section 27(3) regarding harvesting, substituted subsection (3) provides that the Council may consent to clearance of intact stratum of vegetation if the clearance is in circumstances, or for the purposes of activities of a kind, specified in the proposed new Schedule 1A.

The clause also makes amendments to update the language of the section to be non-gender specific.

19—Amendment of section 28—Application for consent

This clause amends section 28 of the Act to standardise the requirements for an application to clear native vegetation under section 29 regardless of the way in which the applicant proposes to achieve a significant environmental benefit. An applicant for consent to clear may also provide in their application that they are unable to achieve a significant environmental benefit, and propose to pay an amount into the Native Vegetation Fund instead. The clause also amends the section to allow a person other than the owner of land to make an application if they have a legal or equitable right to enter the land and the clearance is in circumstances, or for the purposes of activities of a kind, specified in the proposed new Schedule 1A.

The clause also amends the section to update the means by which prescribed reports are to be available for inspection (without fee) to being via a website, and at a public office during ordinary office hours, determined by the Minister.

20—Amendment of section 29—Provisions relating to consent

This clause amends section 29 of the Act to require the Council to apply the mitigation hierarchy and consider the potential cumulative impacts of clearance when assessing an application to clear native vegetation.

The clause also amends the section to consolidate the circumstances in which the Council may give its consent to clearance that is seriously at variance with the principles of clearance. Such clearance may only occur if it is undertaken in accordance with Council guidelines or is in circumstances, or for the purposes of activities of a kind, specified in proposed new Schedule 1A, a significant environmental benefit will be achieved (or, in the case of Schedule 1A, payment into the Native Vegetation Fund will occur), and the particular circumstances justify the giving of consent.

The clause also makes amendments to the conditions that must be attached to a consent to clear native vegetation. A consent to clear will require either a significant environmental benefit to be achieved and a management plan and a heritage agreement to apply to the land on which the benefit is achieved, or a payment to be made into the Native Vegetation Fund.

The clause also amends section 29(17) to specify the particular matters the Council must take into account when considering an application referred to it under the Planning, Development and Infrastructure Act 2016.

21—Amendment of section 29A—Avoidance of duplication of procedures etc

This clause makes an amendment to section 29A of the Act consequential on the amendments to section 28 proposed by this measure. It also updates the language of the section to be non-gender specific.

22—Amendment of section 30—Conditions of consent

This clause amends section 30 of the Act to give the Council more options as to the conditions it can attach to a consent to clear native vegetation. The additional conditions are a condition that the applicant pay an amount into the Native Vegetation Fund that is to be paid (or repaid) to a third party provider or to the applicant themselves on the achievement of certain milestones set out in a management plan related to the achievement of a significant environmental benefit, and a condition requiring the applicant to pay an amount into the Fund for the purpose of supporting the administration, monitoring and enforcement of measures, actions or requirements that relate to the satisfaction of a requirement to achieve a significant environmental benefit in relation to the proposed clearance of native vegetation.

23—Amendment of heading to Part 5 Division 2

This clause amends the heading to Part 5 Division 2 and is consequential on the proposed insertion of sections 31E to 31EE.

24—Amendment of section 31A—Application to ERD Court for enforcement

This clause amends this section to update the language to be non-gender specific.

25—Amendment of section 31B—Order where native vegetation has been cleared

This clause amends section 31B of the Act to provide that an order may be made by the ERD Court where a person has contravened a condition imposed under section 29(11) of the Act, in addition to those imposed under section 30. The clause also amends the section to allow the ERD Court to order a respondent to establish vegetation on any land specified by the court.

The clause also updates the language of section 31B to be non-gender specific.

26—Amendment of section 31D—Enforcement of orders

The amendments to section 31D by this clause are to clarify that the orders referred to in this section are ERD Court orders and are consequential on the proposed inclusion of compliance orders and reparation orders by this measure.

27—Substitution of sections 31E and 31EA

This clause substitutes sections 31E and 31EA and inserts new sections.

31E—Compliance orders issued by Council or authorised officer

Proposed section 31E provides for compliance orders which may be issued by the Council or an authorised officer to secure a person's compliance with certain obligations imposed under the Act. The section sets out the requirements for a compliance order and the kinds of actions an order may require a person to take. It also creates offences for failing to comply with a compliance order and hindering or obstructing a person who is complying with a compliance order.

31EA—Action on non-compliance with compliance order

Proposed section 31EA provides the Council with the power to take any action required by a compliance order imposed under proposed section 31E if the requirements of that order are not complied with. The section also allows the Council to recover reasonable costs and expenses from the person to whom the order was issued for any action taken in accordance with the section.

31EB—Reparation orders issued by Council or authorised officer

Proposed section 31EB provides for reparation orders which may be issued by the Council or an authorised officer to a person who has caused harm to native vegetation by a contravention of certain obligations imposed under the Act. The section sets out the requirements for a reparation order and the kinds of actions an order may require a person to take. It also creates an offence for failing to comply with a reparation order.

31EC—Action on non-compliance with reparation order

Proposed section 31EC provides the Council with the power to take any action required by a reparation order imposed under proposed section 31EB if the requirements of that order are not complied with. The section also allows the Council to recover reasonable costs and expenses from the person to whom the order was issued for any action taken in accordance with the section.

31ED—Registration of orders by Registrar-General

Proposed section 31ED provides that the Council may apply to the Registrar-General for the registration of a compliance order under proposed section 31E or a reparation order under proposed section 31EB on the title of the land to which the order relates.

31EE—Appeal to ERD Court

Proposed section 31EE allows a person who has been issued with a compliance order under proposed section 31E or a reparation order under proposed section 31EB to appeal to the ERD Court against the order within 21 days, or a longer period if the ERD Court is satisfied that it is just or reasonable to do so. The section provides that the ERD Court may, on hearing such an appeal, confirm, vary or revoke the order, remit the subject matter of the appeal for further consideration, or order or direct a person or body to take any such action the Court thinks fit.

28—Amendment of section 31F—Miscellaneous provisions

The amendment to this section is consequential on the removal of enforcement notices under section 31E and the proposed inclusion of compliance orders and restitution orders by this measure.

29—Amendment of section 32—Appeals

This amendment clarifies that an appeal under this section is to the Supreme Court. This is consequential on the proposed inclusion of compliance orders and reparation orders by this measure (as those provisions provide for appeals to the ERD Court in relation to the orders).

30—Amendment of section 33A—Appointment of authorised officers

This clause updates the language of section 33A to be non-gender specific.

31—Amendment of section 33B—Powers of authorised officers

Section 33B sets out the powers of authorised officers under the Act. Subsection (1)(b) provides that an authorised officer may give directions with respect to the stopping or movement of a vehicle that has been used in or is suspected of having been used in the clearance of native vegetation. The amendment to subsection (1)(b) by this clause extends this power to securing such a vehicle and also extends its operation to plant, equipment or other thing (not just vehicles).

Subsection (1)(i) currently provides that an authorised office may seize and retain anything that the authorised officer reasonably suspects may constitute evidence of a breach of the Act. The amendment to this paragraph extends this provision to seizing and retaining anything that the authorised officer reasonably suspects has been used in a breach of the Act.

This clause also updates the language of section 33B to be non-gender specific.

32—Amendment of section 33C—Issue of warrants

This clause updates the language of section 33C to be non-gender specific.

33—Amendment of section 33E—Offence to hinder etc authorised officers

This clause updates the language of section 33E to be non-gender specific.

34—Amendment of section 33H—Interest

The amendment to this section is consequential on the removal of enforcement notices under section 31E and the proposed inclusion of compliance orders and restitution orders by this measure.

35—Amendment of section 33I—Sale of land for non-payment

This clause updates the language of section 33I to be non-gender specific and updates the provision to provide for advertisement of an auction under this section to include advertisement on a website determined by the Minister.

36—Amendment of section 35—Proceedings for an offence

This clause deletes subsection (5) to remove the requirement that an authorised officer may only issue an expiation notice under the Act with the authorisation of the Native Vegetation Council.

37—Insertion of section 35A

This clause inserts a new section.

35A—Service of notices and other documents

Proposed section 35A sets out the methods by which a notice or other documents required or authorised to be given to a person may be served.

38—Insertion of section 37

This clause inserts a new section.

37—False and misleading information

Proposed section 37 provides that it is an offence to make a false or misleading statement in any information provided under the Act. This offence is currently in the regulations and has been moved to provide for a higher penalty of $20,000 as the penalty for an offence against the regulations is capped at $10,000.

39—Insertion of section 39A

This clause inserts a new section.

39A—Recovery from related bodies corporate

Proposed section 39A provides that if an amount is payable by a body corporate under this Act, or by a court order made under this Act, and at the time of the contravention giving rise to the liability the body is a related body corporate with another body (within the meaning of the Corporations Act 2001 of the Commonwealth) the related bodies are jointly and severally liable to make the payment.

40—Amendment of section 40A—Register of applications

Section 40A provides that there must be a register of applications for consent to clear native vegetation maintained by the Native Vegetation Council. This clause amends section 40A to update the means by which the register is to be available for inspection (without fee) to being via a website, and at a public office during ordinary office hours, determined by the Minister. It also provides the Council with the discretion to withhold certain details from public inspection for safety or security reasons.

41—Amendment of section 41—Regulations

Section 41 is amended by this clause to expand the regulation making power relating to the payment of fees under the Act to provide for the ability of the Council to also refund, reduce and remit fees payable under the Act.

42—Amendment of Schedule 1—Principles of native vegetation clearance

This clause amends Schedule 1 to delete the definition of plant community which is being moved to the general interpretation provision of the Act in section 3 as it is used in other provisions of the Act.

43—Insertion of Schedule 1A

This clause inserts a new Schedule.

Schedule 1A—Specified circumstances and activities

Proposed Schedule 1A sets out the specified circumstances and activities that are relevant to the clearance of native vegetation as referred to in sections 27, 28 and 29, as amended by this measure. The circumstances and activities are based on some of those currently set out in Part 6 of Schedule 1 of the Native Vegetation Regulations 2017 (and in relation to which clearance may be undertaken in accordance with the regulations).

The circumstances and activities set out in the Schedule include clearance of native vegetation incidental to work being undertaken by or on behalf of the Commissioner of Highways, clearance of native vegetation required in relation to the erection of a new dwelling or building, clearance of native vegetation required in connection with the provision of infrastructure or the subdivision of land for use for residential purposes and clearance of native vegetation for the purposes of establishing or maintaining a track for recreational activity (other than such an activity involving the use of a motorised vehicle).

44—Amendment of Schedule 2—Transitional provisions

This clause inserts a new clause in Schedule 2 to provide for the making of provisions of a savings or transitional nature consequent on the enactment of this measure by regulation.

Schedule 1—Transitional provisions

1—Interpretation

This clause inserts definitions for terms used in the transitional provisions.

2—Applications for consent to clear native vegetation

This clause provides that a pending application to clear native vegetation made prior to the commencement of the proposed amendments to the Act is to be determined according to the requirements of the Act as amended. However, if an application previously did not require an application fee or a prescribed report, no fee is payable and no report is required.

3—Enforcement notices and substituted directions

This clause provides that an enforcement notice or substituted direction issued under section 31E or 31EA of the Act, which are proposed to be repealed by this measure, continue to operate and have effect according to their terms following that repeal. This includes the continuation of the rights of a person who has been issued with such a notice to apply for a substituted direction.

Debate adjourned on motion of Hon. D.G. Pisoni.