Stated purpose:
The purpose of the Bill is to promote sustainable and integrated management of the State’s landscapes, to make a provision for the protection of the State's natural resources, to repeal the Natural Resources Management Act 2004 (SA) and to make consequential amendments to other Acts, and for other purposes.
Native title implications:
This is a comprehensive bill detailing South Australia’s natural resource management scheme. It includes systems for water allocation and water licensing, control of plants and animals, forestry and management agreements.
The Bill does not affect native title, except to the extent that acts are done in accordance with the Native Tilte Act 1993 (Cth). However, a number of provisions are included to ensure Aboriginal peoples are involved in the decision making and management of South Australia’s natural resources including through involvement with regional landscape boards and determining priorities for regional landscape plans. However, there is no such involvement in relation to the water allocation or licensing schemes.
Relevant provisions:
23—Functions of boards (general)
(4) A regional landscape board should also seek to work collaboratively with
(a) the other regional landscape boards; and
(b) relevant sections and cross-sections of the community, including Aboriginal people; and
(c) persons who own and occupy land within the region of the board (insofar as may be relevant).
45—Key features of plan
(1) A regional landscape plan must—
(a) include—
(i) in the case of the Green Adelaide Board—a 5 year strategic plan that 5 is focussed on its 7 key priorities; or
(ii) in the case of any other regional landscape board—a 5 year strategic plan that is focussed on its strategic priorities; and
(b) in the case of the priorities included under paragraph (a)(ii)—information about how the priorities were determined, including through identifying and taking into account local priorities and needs, scientific and other relevant expert information and advice, Aboriginal traditional knowledge, and other relevant information, evidence and factors;
219—Native title
(1) Nothing done under this Act will be taken to affect native title in any land or water.
(2) However, subsection (1) does not apply if the effect is valid under a law of the State or the Native Title Act 1993 of the Commonwealth.