Which rules apply? The Act vs the Regulations
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In South Australia, native vegetation clearance is governed by both the Native Vegetation Act 1991 (the Act) and the Native Vegetation Regulations 2017 (the Regulations). The Act sets out the overarching rules and principles for protecting native vegetation, while the Regulations provide specific situations where clearance may be allowed.
The following sections explain which types of clearance fall under the Regulations and which require assessment and approval under the Act.
Clearance under the Regulations
Some activities – identified in the Regulations – are permitted outside the clearance controls of the Act; however, they still require approval by the Native Vegetation Council. These activities are listed below.
Planning and development
You can find information about these activities in our Guide to the Native Vegetation Regulations 2017.
A useful summary table that lists some of the ways you can manage native vegetation on your property is available in the Managing native vegetation: a summary.
Clearance under the Act
If your clearance does not fit under a regulation, please submit a clearance application under Section 28 of the Native Vegetation Act 1991.
The most common Section 28 clearance applications to permanently clear native vegetation are for (but are not limited to):
- scattered trees for centre pivots
- scattered tress for agricultural purposes, other than those activities listed above in the regulations
- vineyards or horticulture activities
- vegetation regrowth that is more than 5 years old and is to be permanently removed
- changing land use or expanding an existing use
- cemetery expansion
- harvesting native vegetation for brushcutting, woodcutting or any other purpose that involves taking or collecting native vegetation (Section 27(3) of the Act).
In most instances, you will need to engage an Accredited Consultant to undertake a Data Report and help you in preparing an application. An application fee will also be required.
Consider other Acts
Approval to remove vegetation does not give you consent under other Acts, such as the Planning, Development and Infrastructure Act 2016, Landscape South Australia Act 2019, Local Government Act 1999, Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
The Native Vegetation Council encourages you to consider if your activities could impact sites of Indigenous significance. Please refer to the Department of the Premier and Cabinet's Aboriginal Affairs and Reconciliation for further information.
