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Landscape South Australia (General) Regulations 2020 Consultation Summary

 

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This online engagement was hosted on YourSAy from 2 April to 27 April 2020. Find out more about the consultation process. Below is a record of the engagement.

 

Download a PDF of the Landscape South Australia (General) Regulations 2020 Consultation Summary

 

Section Title Summary
Part 1 Preliminary
1 Short title These regulations may be cited as Landscape South Australia (General) Regulations 2020
2 Commencement Provides the intended date of commencement of the regulations to be 1 July 2020
3 Interpretation Reference to the Act means Landscape South Australia Act 2019
Part 2 Legislative Definitions
4 Definition of animal This regulation is in similar terms as regulation 4 of the Natural Resource Management (NRM) (General) Regulations 2005 which excludes fish and invertebrates from the definition of an animal for the purposes of Part 9 of the Act (relates to control of animals)
5 Definition of animal-proof fence This regulation is in similar terms as regulation 5 of the NRM (General) Regulations 2005, which provides that the requirements of Schedule 1 of the regulations apply for the purposes of the definition of animal-proof fence
6 Definition of plant

This regulation is in similar terms as regulation 7 of the NRM (General) Regulations 2005 which excludes the following classes of vegetation or material from the definition of plant for the purposes of Part 9 of the Act (relates to control of plants)

  • Non-living plant products expanded to include but not be limited to timber, food or medicinal products
  • Bacteria, fungi, algae and micro-organisms
Part 3 Regional landscape boards and plans
Division 1 Regional Landscape boards
7 Notice of meetings (section 23 of the Act)

This regulation modifies regulation 43 of the NRM (General) Regulations 2005 relating to public notice of board meetings and replicates matters that can be considered in confidence at board meetings provided under Schedule 1 of the NRM Act.

Rather than being mandated to publish a notice in a local newspaper except in certain circumstances, flexibility is now provided for boards to provide notice in a manner determined by the board (such as on the board’s website)

8 Annual reports (section 39 of the Act)  In addition to requirements in the Act, this regulation requires board annual reports to address business plan, water allocation plan and policy implementation as well as any changes to board functions, meeting attendance by board members and delegations
9 Assignment of responsibility for infrastructure (section 42(3) of the  Act)

This regulation is in similar terms as regulation 35 of the NRM (General) Regulations 2005, which provides that agreements for the assignment of responsibility for board infrastructure must be in writing, describe the infrastructure, set out the responsibilities to be assigned and comply with any instruction issued by the Registrar-General

10

Annual business plans (section 51 of the Act)

As is the case for new annual business plans, this regulation requires the Minister’s approval for an amendment to a board’s business plan if an amendment is inconsistent with the board’s regional landscape plan or relates to a prescribed levy proposal

Part 4 Levies
Division 1 Levies in respect of land within council areas
11 Interest payable by councils (section 67 of the Act)

This regulation is in similar terms as regulation 4 of the NRM (Financial Provisions) Regulations 2005 and provides that interest accrues on unpaid council contributions at the prime bank rate

12

Imposition of levy by councils (section 69 of Act)

This regulation is in similar terms as regulation 4B of the NRM (Financial Provisions) Regulations 2005, with only consequential changes made. This provides the different purposes of land that can be used as the basis for a regional landscape levy

13

Refunds to councils in relation to unpaid regional landscape levies (section 69(10) of the Act)

This new regulation provides for councils to apply to relevant regional landscape boards on an annual basis to be refunded for written-off regional landscape levies, where the debt has been outstanding for a period of three years, or if a statement is provided by the council that the grounds for writing off the debt have been met. Applications must be made by 31 March in a given year and must specify prescribed information. Eligible debts will be those incurred after the commencement of the Act, on 1 July 2020. If a council subsequently recovers a refunded debt, the amount must be repaid to the relevant board

14

Cost of councils (section 70 of the Act)

This regulation continues to provide for councils to claim ongoing and establishment costs associated with imposing and collecting the regional landscape levy in similar terms to regulation 4C of the NRM (Financial Provisions) Regulations 2005.

 

Provisions for the recovery of ongoing costs have been clarified so that it will be presumed that councils will recover indexed ongoing costs, unless a council provides an estimate in order to claim fair ongoing costs by 31 January in any relevant financial year. Unless the council submits an estimate of fair costs this amount will be budgeted in the relevant board’s approved business plan and may be claimed by a council through its invoice to the board.

 

The prescribed rates for ongoing costs have increased in line with CPI increases since the regulations were first made.

 

This regulation also includes a new measure for councils to recover costs incurred in transitioning to the new landscape regime (e.g. such as costs to make rating system changes to reflect the change of the levy name or to accommodate landscape boundary changes). These may be claimed during up to a five year transitional period from 2020/21 to 2024/25 where fair costs can be demonstrated to have been incurred
15 Contributions by constituent councils – rateable land divided by boundaries of 2 or more landscape management regions or councils (section 73 of the Act) This regulation is in similar terms as regulation 3A of the NRM (Financial Provisions) Regulations 2005, with only terminology or minor changes that are consequential to changes in the Act. Where rateable land crosses council or regional landscape boundaries – this regulation provides that the land will be taken to be in the council or region in which most of the land is located
Division 2 Levies in respect of land outside of council areas
16 Exclusion of certain land from operation of section 71 of the Act This regulation is equivalent to regulation 4D of the NRM (Financial Provisions) Regulations 2005. This excludes certain classes of land from the application of section 71 of the Act which provides for levies to be payable persons who occupy land in out of council areas
17 Outside council (OC) areas – differential levies (section 71 of Act) This regulation is equivalent to regulation 4CA of the NRM (Financial Provisions) Regulations 2005. This provides for areas of land and factors for the purposes of calculating differential levies in outside council areas
18 Remissions – contiguous land

This regulation is in similar terms as regulation 4E of the NRM (Financial Provisions) Regulations 2005, with only terminology or minor changes that are consequential to changes in the Act. This relates to levies in respect of land outside council areas and provides that, where the levy basis is a fixed charge, the relevant landscape board must remit the levies in respect of all but one piece of rateable land where that land is contiguous

19

Remissions – single farm enterprises

This regulation is in similar terms as regulation 4F of the NRM (Financial Provisions) Regulations 2005, with only terminology or minor changes that are consequential to changes in the Act. This relates to levies in respect of land outside council areas and provides that, where the levy basis in respect of a single farm enterprise is a fixed charge, the relevant landscape board must remit the levies in respect of all but one piece of rateable land forming part of the single farm enterprise.

 

The maximum penalty for failure to report that the grounds for claiming this remission has ceased has increased in line with CPI increases since the regulations were first made
Division 3 Special provisions
20

Interest payable in cases of default (section 83 of Act)

This regulation is equivalent to regulation 5 of the NRM (Financial Provisions) regulations 2005. This provides how interest accrues on unpaid levies

21

Regional landscape levy first charge on land (section 85 of the Act)

This regulation is equivalent to regulation 6 of the NRM (Financial Provisions) regulations 2005, with minor changes to terminology and to reflect changes to responsibilities that are consequential to changes in the Act. This provides that an out of council levy and water levy is a first charge on land that corresponds to a mortgage in favour of the relevant regional landscape board or Minister

Part 5 Statutory funds
22

The Landscape Administration Fund (section 90 of the Act)

This regulation is equivalent to regulation 10 of the NRM (Financial Provisions) regulations 2005. This provides for the prescribed percentage of administrative penalties to be paid to the Landscape Administration Fund

Part 6 Control of plants and animals
Division 1 Control provisions
23

Sale of produce or goods carrying plants

This regulation is in similar terms to regulation 23 of the NRM (General) regulations 2005. This enables a person selling produce or goods to make a declaration in the form approved by the Minister that they are not carrying a declared plant in contravention of section 188(2) of the Act. The maximum penalty for providing a misleading statement has increased in line with CPI increases since the regulations were first made

24

Destruction of dingoes and wild dogs

This new measure requires destruction of dingoes or wild dogs in accordance with baiting standards of the Chief Executive specified by notice in the Gazette

25

Measures for control and treatment of animals and plants (section 192(3) of Act)

This regulation provides flexibility for requirements for the control of declared pest species to be prescribed by the Chief Executive by notice in the gazette. It is intended that control measures for species - including goats, deer and pigs - to be specified in the gazette will  carry over existing Ministerial policy requirements or will be made following a consultation process where new measures are proposed

Division 2 Permits
26

Permits

This regulation is equivalent to regulation 29 of the NRM (General) regulations 2005 and provides for amounts that may be required to be paid as security for compliance with a condition of a permit authorising the movement, keeping or sale of certain animals or plants

Part  7 Exemptions
27

Movement of animals and plants

Section 186 of the Act prohibits persons from transporting declared pest plants and animals without a permit or exemption. Amendments to current exemptions under regulation 30 of the NRM (General) Regulations 2005 have been made to reduce red tape where the control risk can be effectively managed. Current exemptions that permit persons to move pest plants being carried with wool or grain where they will be destroyed through processing, now include other farm products or goods where declared plant contaminants will be destroyed via processing and will be transported securely.

 

Exemptions for persons moving declared pest plants for the purposes of biological control of such plants now provide for the Chief Executive to approve certain biological control agents for movement purposes.  

 

A new exemption has also been made permitting the movement of declared animals to be transported for humane destruction
28 Sale of wool or grain carrying plants This regulation is in similar terms as regulation 31 of the NRM (General) Regulations 2005 which provides for an exemption to apply to sell wool or grain carrying declared plants if the purchaser will remove the declared plant contaminant before re-sale. Flexibility is now provided for this exemption to apply to other approved produce or goods in the same circumstances
29 Release of animals

This regulation is in similar terms as regulation 32 of the NRM (General) Regulations 2005 which provides for an exemption for release of a declared animal where approved for research relating to its control as a pest. This regulation now also permits release of declared animals to be approved for the purposes of control such as animals fitted with tracking devices to assist in locating other declared animals

Part 8  Miscellaneous
30

Review of notices

This regulation is in similar terms to regulation 39 of the NRM (General) Regulations 2005 and provides that an application for review of certain notices must be made in writing and state the grounds for review

31

Applications for warrants (section 31 and 204 of the Act)

This regulation is equivalent to regulation 37 of the NRM (General) Regulations 2005 and provides for the following matters in relation to warrants sought by an authorised officer or person authorised by a regional landscape board:

  • the grounds for an application for a warrant to be verified by affidavit
  • the process for seeking a warrant by telephone, and
  • filing of the warrant and affidavit
32 Reimbursement of expenses (section 231 of the Act) This regulation is in similar terms to regulation 36 of the NRM (General) Regulations 2005 and provides for the reimbursement of a person required to give assistance to an authorised officer for any reasonable costs and expenses. Arrangements for reimbursement of funds have been modernised to provide for payments by electronic funds transfer rather than by cheque
33 Service of notices or other documents This regulation is equivalent to regulation 40 of the NRM (General) Regulations 2005 and provides service for of notices where the land is unoccupied
34 Criminal jurisdiction of ERD Court (section 231 of the Act) This regulation provides a listing of the sections of the Act in which any offences against any of the identified section lies within the criminal jurisdiction of the Environment, Resources and Development Court. Currently these offences are listed in the NRM Act. No change to the Court’s jurisdiction has been made
35 Exemption of part of State from certain provisions of the Act

This regulation continues the effect of current regulation 41 of the NRM (General) Regulations 2005 in providing that certain provisions of the Act relating to land management, certain pest control measures and civil remedies (e.g. protection and reparation orders) do not apply extending seawards from the low water mark. This avoids overlap with other legislation and agency responsibilities

36

Correction of certain errors

This regulation is equivalent to regulation 41A of the NRM (General) Regulations 2005. This provides that consultation requirements for prescribing a water resource by regulation do not apply to amendments to regulations to correct incorrect GRO plan references

37 Cultana Training Area

This regulation is equivalent to regulation 43B NRM (General) Regulations 2005 and provides that the Act does not apply to an act or activity carried out in the Cultana Training Area by or with permission of the Commonwealth Department of Defence or an arm of the Australian Defence Force

38

Fees

This regulation provides equivalent arrangements that apply under the NRM (Fees) Regulations for the Minister to waive payment of the whole or part of a fee prescribed in the Act and for exemptions from fees to apply for applications in relation to environmental donations entitlements

39

Amendment of landscapes affecting activities control policies

This regulation provides for landscapes affecting activities control policies to be amended without formal procedures in the same circumstances as the Act provides for amendment of regional and water allocation plans (e.g. to correct an error or change form but not substance of a policy)

Schedule 1 Prescribed requirements for animal-proof fences
1 Prescribed  requirements for dog-proof fences

This regulation is equivalent to schedule 1, regulation 1 of the NRM (General) Regulations 2005 and defines requirements for animal-proof fences for the purposes of determining admissible evidence or offences under sections 198, 199 and 200 of the Act 

2

Prescribed requirements for rabbit-roof fences

This regulation equivalent to schedule 1, regulation 2 of the NRM (General) Regulations 2005 and defines requirements for animal-proof fences for the purposes of determining admissible evidence or offences under sections 198, 199 and 200 of the Act 

Schedule 2 Revocation of regulations
1

Revocation of Natural Resources Management (General) Regulations 2005

This regulation provides for the Natural Resources Management (General) Regulations 2005 to be revoked

2

Revocation of Natural Resources Management (Financial Provisions) Regulations 2005

This regulation provides for the Natural Resources Management (Financial Provisions) Regulations 2005 to be revoked

3

Revocation of Natural Resources Management (Fees) Regulations 2018

This regulation provides for the Natural Resources Management (Fees) Regulations 2018 to be revoked

4

Revocation of Natural Resources Management (Transitional Provisions – Levies) Regulations 2005

This regulation provides for the Natural Resources Management (Transitional Provisions-Levies) Regulations 2005 to be revoked