South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 123

123—Requirement to implement action plan

        (1)         A requirement to prepare an action plan under this Chapter is to be imposed by notice in a form approved by the Minister.

        (2)         A notice under subsection (1) must specify a reasonable period (which must be at least 21 days) within which the relevant owner of land must prepare the action plan.

        (3)         An owner of land who receives a notice under subsection (1) may, within 21 days after receiving the notice, apply to the Chief Officer for a review of the notice.

        (4)         The Chief Officer may, on application under subsection (3) and after giving the applicant a reasonable opportunity to be heard and to place material before the Chief Officer, confirm, vary or set aside the notice.

        (5)         The Chief Officer must prepare and make available written reasons for his or her decision on an application under subsection (3) .

        (6)         Subject to the outcome of any review under subsection (4) (and, if relevant, any appeal under Chapter 10 ), if an owner of land is required to prepare an action plan then the owner must submit such a plan to the relevant authority that issued the notice in accordance with the requirements of the notice.

        (7)         An action plan submitted under subsection (6) must set out in detail—

            (a)         the measures that the owner proposes to take to address any breach of the general statutory duty, and to comply with the general statutory duty in the future; and

            (b)         the period or periods within which those measures are proposed to be taken.

        (8)         The relevant authority to which the action plan is submitted should, within 6 weeks after receiving the plan—

            (a)         approve the plan; or

            (b)         after consulting with the owner, amend the plan,

and must then notify the owner of its decision.

        (9)         The owner may, within 21 days after receiving a notice under subsection (8) , apply to the Chief Officer for a review of the notice.

        (10)         The Chief Officer may, on application under subsection (9) and after giving the applicant a reasonable opportunity to be heard and to place material before the Chief Officer, confirm, vary or set aside the notice.

        (11)         The Chief Officer must prepare and make available written reasons for his or her decision on an application under subsection (9) .

        (12)         If an owner of land—

            (a)         fails to comply with a notice under this section; or

            (b)         fails to implement an action plan in accordance with its terms (including as varied from time to time),

the following provisions will apply:

            (c)         the owner is guilty of an offence and liable to a penalty not exceeding $20 000; and

            (d)         the Chief Officer or an NRM authority may—

                  (i)         cause to be carried out such measures as appear to the Chief Officer or NRM authority (as the case may be) to be appropriate in view of the failure on the part of the owner (being, if an action plan has been agreed, measures contemplated by, or consistent with, that plan); or

                  (ii)         engage a suitably qualified person to devise and implement measures to address the problem or problems to which the relevant requirement relates (being, if an action plan has been agreed, measures contemplated by, or consistent with, that plan).

        (13)         A person taking action under paragraph (d) of subsection (12) may, after giving reasonable notice, enter the relevant land at any reasonable time (using any force that may be reasonably necessary in the circumstances) and carry out such measures as appear to be appropriate in view of the failure on the part of the owner.

        (14)         A person must not hinder or obstruct a person acting under subsection (12)(d) or (13) .

Maximum penalty: $10 000.

        (15)         The reasonable costs and expenses incurred by the Chief Officer or an NRM authority in taking action under subsection (12)(d) may be recovered as a debt from the relevant owner.

        (16)         If an amount is recoverable by the Chief Officer or an NRM authority under subsection (15) , the Chief Officer or NRM authority (as the case may be) may, by notice in writing to the relevant owner, fix a period (which must be at least 28 days) within which the amount must be paid by the relevant owner and if the amount is not paid by the owner within that period, the owner is also liable to pay interest charged at the prescribed rate per annum on the amount unpaid.

        (17)         A relevant authority may, on its own initiative or on application by an owner of land, by notice in writing to the owner of land, vary or revoke an action plan under this section.

        (18)         However, a relevant authority must take reasonable steps to consult with the relevant owner of land before it takes action under subsection (17) (unless the relevant authority is acting at the request of the owner).

        (19)         If an action plan includes an activity for which a permit would, but for section 129 , be required under Chapter 7 , a relevant authority must not approve the plan, or the variation of the plan, without first consulting and having regard to views of the authority under that Chapter to whom an application for a permit for that activity would otherwise have to be made.

Chapter 7—Management and protection of water resources