Legislation and administration
Consultation on the proposed amendments to the Native Vegetation Act 1991 (closed 29 May 2024)
The Department for Environment and Water recently engaged in a consultation about proposed amendments to the Native Vegetation Act 1991.
The proposed amendments included:
- expanding the use of the Native Vegetation Fund to support a greater range of conservation related activities
- providing consistent and fit-for-purpose clearance requirements
- improving assessment and compliance processes
- introducing conservation agreements to support the establishment, management, conservation, protection and enhancement of native vegetation on the land.
The Department for Environment and Water thanks all individuals and organisations for their feedback and participation in the consultation.
Submissions received have been reviewed and summarised in a consultation report.
This final draft Bill was introduced to Parliament on 16 October 2024.
The Bill will now be debated and, if passed by both houses, it will go through the process to become an Act (law).
You can find out more about the progress of the Bill by visiting the South Australian Government legislation website
Native Vegetation
Native vegetation refers to any naturally occurring local plant species that is indigenous to South Australia, from small ground covers and native grasses to large trees and water plants. It also includes naturally occurring regrowth and in certain circumstances, dead trees. In some circumstances, the management of native vegetation is protected by legislation.
TheNative Vegetation Act 1991(the Act) and the Native Vegetation Regulations 2017 (the Regulations) are the key pieces of legislation related to managing native vegetation on private and public land in South Australia. They promote the conservation, management and regeneration of native vegetation and also seek to ensure personal and public safety.
The Native Vegetation (Credit for Environmental Benefits) Regulations 2015 were established under the Act. These regulations relate to Credit and Third Party Significant Environmental Benefit (SEB) Offsets and the SEB Register.
Native Vegetation Act 1991
The Act provides protection for native vegetation in South Australia and sets out a process for applying to clear vegetation.
The Act ensures that areas of high conservation value are protected, and that clearances are subject to a thorough assessment process. The Native Vegetation Council (NVC) is responsible for providing advice and making decisions about the removal and re-establishment of native vegetation in line with the Act.
When assessing an application to clear native vegetation, the NVC must consider the principles of clearance as set out in the Act.
Native Vegetation Regulations 2017
The Regulations allow certain clearance activities to be exempt from the Act. The types of activities that are exempt are set out in the Regulations.
The Guide to the Native Vegetation Regulations 2017, which was produced by the department and the Native Vegetation Council, clarifies what is and isn’t permissible in relation to clearing native vegetation under the Regulations.
Native Vegetation (Credit for Environmental Benefits) Regulations 2015
The credit regulations set out the process for accrediting a Third Party Provider, accounting for the use of SEB Credit and recording information on an SEB Register.
Native Vegetation Council
The Act establishes the Native Vegetation Council (NVC) as an independent statutory body in order to administer provisions of the Act. Membership of the NVC is set out in Section 8 of the Act.
Find out more about the NVC's responsibilities and the current members.
Read the NVC's annual reports.
