The Wilderness Protection Act 1992 enables the creation of wilderness protection areas and wilderness protection zones which represent the highest level of protection offered to natural areas in South Australia. The Act covers areas of crown land, or with permission of the owners, private land which satisfy the 'wilderness criteria' to justify protection as or restoration to wilderness. The criteria require that the land and its ecosystems must not have been affected, or at least only to a minor extent, by modern technology; and must not have been seriously affected by exotic animals, plants or other exotic organisms. The Act also allows buffer zones or boundaries to be adopted to enable wilderness protection.

Up until 2001, only a few wilderness protection areas were declared under the Act, all of them within existing National Parks and Wildlife Act Reserves on Kangaroo Island and Eyre Peninsula. In recent years, more places have been declared or proposed as wilderness in outback areas.

Once an area is declared to be a wilderness protection area or zone it ceases to be a reserve under the National Parks and Wildlife Act 1972. A wilderness protection area or zone cannot be abolished, altered or have its name changed without a resolution passed by both Houses of State Parliament. Mining is restricted in wilderness protection areas and zones to activities allowed by proclamation of the Governor. Grazing and primary production is prohibited, as are the construction of roads, tracks, buildings or structures, unless specifically authorised by the plan of management for the particular wilderness protection area or zone.

Under the National Parks and Wildlife Act 1972, reserves for the benefit and enjoyment of the public and for the conservation of wildlife in a natural environment are created. Even though the word "National" is use in the Act, this is State legislation, where “national” refers to the “national significance” of reserves rather than any notion of them being nationally managed. The Act also covers the protection of native animals throughout the State and native plants within reserves. The Act establishes five categories of reserve.

National Parks - are areas of major national scientific or ecological value also suitable for public use.

Conservation Parks - areas not necessarily of national significance but of particular scientific or ecological value. Camping and

other recreational activities are permitted but are not encouraged

Game Reserves - areas used for controlled hunting (eg. duck shooting)

Recreation Parks - areas set aside for mainly recreational use

Regional Reserves - multiple use areas, in which conservation takes place beside other controlled land use such as mining and grazing. Reserves have a fairly secure status with any abolishment or boundary change requiring a resolution of both Houses of Parliament.

Management of Reserves is through a process of formal Management Plans prepared by the State Department of Environment and Heritage and adopted by the Minister. The process of preparing management plans for reserves involves public participation through written submissions. Most of the largest and most popular reserves have management plans in place, however most small reserves do not. A complete list of the various management plans is available from the Department of Environment and Heritage.

Another statutory body involved in the development of management plans for reserves is the South Australian National Parks and Wildlife Council. Other functions of the Council include advising the Minister on the management of reserves, the conservation of wildlife, funding and commercial activities in reserves, assessment of the performance of the Department of Environment and Heritage and the development of policy and community participation. The Council and the Minister are supported by special advisory committees which can advise on a range of wildlife management issues such as the harvesting and farming of wildlife, management plans for particular reserves or the involvement of Aboriginal people in the management of land and wildlife.

Another, less common method of setting aside land for conservation is through sanctuaries. Sanctuaries can be created over private or public land and provide a level of protection for wildlife similar to that in reserves. To investigate the creation of a sanctuary on private land, contact the Department of Environment and Heritage.

The Minister can declare a part of a reserve to be a prohibited area if the Minister considers that it is necessary for the protection of human life or the conservation of native plants or animals. This must be done by notice published in the Government Gazette and the notice must give the grounds for the decision. A person who enters a prohibited area without a permit issued by the Minister is liable for a fine of up to $1 000.

Whilst terrestrial protected areas such as National Parks have been established for over 100 years, the idea of underwater parks is relatively new. In South Australia there are two types of marine protected area - Aquatic Reserves and Marine Parks. Both types of reserve are created under the Fisheries Management Act 2006. Of the two, Marine Parks have the greater status and level of protection. There are no specific criteria for the selection of aquatic reserves, however marine parks are required to be of "national significance by reason of the aquatic flora or fauna of those waters or the aquatic habitat". It should be noted that it is also possible for terrestrial protected areas to extend into the marine environment. For example, some of South Australia’s offshore islands also include marine waters as part of the park declaration

Jurisdiction over the sea and the seafloor is a complicated matter involving all levels of government and several different government departments. For this reason, ministers other than the minister responsible for the Fisheries Act have a say in whether or not a marine park should be proclaimed and how it should be managed. This includes the minister responsible for mining as well as the Environment Minister.

Whilst the status of “marine park” offers a level of protection for the natural values of that park, it is important to note that commercial exploitation is not necessarily excluded. This includes new uses as well as pre-existing rights. Special permits are required in order for a person to undertake an activity such as fishing within a marine park. Severe penalties apply to persons found damaging the seabed or removing or interfering with aquatic or benthic flora or fauna of any waters within a marine park.

The management regime for marine parks is similar to that for terrestrial parks in that plans of management are adopted which guide management decision-making. The management planning process includes opportunities for public comment. Once adopted, a management plan replaces the Development Act 1993 in relation to any proposals to develop the seabed or waters within the park.

An example of a marine park is the Great Australian Bight Marine Park and Whale Sanctuary. This park was declared a marine park under the Fisheries Act and a whale sanctuary under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). It is an example of where State and Commonwealth Government have worked together to try to ensure a coordinated declaration and management. To find out more about marine protected areas visit the Primary Industries and Resources webpage at http://www.pir.sa.gov.au/fisheries/recreational_fishing/closures/aquatic_reserves_and_marine_parks

It should be noted that once operational the Marine Parks Act 2007 will limit the coverage of marine parks under the Fisheries Act. The Marine Parks Act 2007 aims to provide for a system of marine parks for the State and will help to protect and conserve marine biological diversity and habitats by providing a proper system for the management of marine parks. Plans will be developed for each park and there will be opportunities for public input into these plans.

Part 15 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) provides for the establishment and management of five different Commonwealth protected areas. These are:

The Commonwealth can submit properties for inclusion on the lists for these protected areas, for example the World Heritage List or the List of Wetlands of International Importance, only after seeking the agreement of the relevant States, Territories and land holders. For properties that are entirely on Commonwealth land, the Minister must prepare management plans for the property. For all other properties the Minister must prepare and implement management plans in co-operation with the relevant State or Territory authority. A Commonwealth Reserve can only be declared over an area of land or sea:

Upon proclamation the Reserve is assigned to a particular category that affects how the Reserve is managed and used. Management plans restrict the type of activities that can be undertaken in the Reserves. Other restrictions are imposed by Regulations under the Act. The Act also provides for land to be leased from indigenous people and jointly managed for conservation purposes. The Governor-General can declare a Commonwealth area a Conservation Zone. This protects the biodiversity within the area while it is being assessed for inclusion in a Commonwealth Reserve. Activities within these areas can be regulated by Regulations. People who have existing rights relating to the area that is later included in a Conservation Zone can continue to exercise those rights within the Zone. A Zone can be revoked if the Minister is satisfied that the area should not be included within a Commonwealth Reserve.

As well as creating reserves, the South Australian National Parks and Wildlife Act 1972 also provides for the protection of native flora (everything from trees to wildflowers) within reserves and native fauna (animals) occurring inside and outside reserves. The Act contains schedules of protected and unprotected animals as well as lists of species regarded as rare, vulnerable or endangered.

A person who takes protected flora from a reserve, Crown land, a public reserve including a street or road or a forest reserve, may be fined up to $10 000 or jailed for two years in the case of native plants of endangered species. The same penalties apply for the taking of prescribed species of native plants from private land. A person may take non-prescribed species from private land with the consent of the owner, however such plants may also be covered by the Native Vegetation Act 1991, which prohibits destroying or harming native vegetation outside the Adelaide Metropolitan area. The penalty for taking plants without consent is $1 000.

The Minister may grant a permit authorising the taking, sale and giving away of native plants with conditions specified. In the absence of such a permit it is an offence for a person to sell or give away native plants or prescribed species unless the plant was taken by the holder of the licence issued under the Forestry Act 1950. The maximum penalty is $10 000 or imprisonment for two years in the case of a plant of an endangered species. The same penalties apply to the offence of possessing a native plant that has been illegally taken or acquired.

The Native Vegetation Act 1991 was a progressive piece of legislation designed to prevent the continued broad scale clearance of native vegetation for agriculture and urban development in South Australia. The Act applies throughout the State and covers both private and public land. The objects of the Act include [s.6]

Native Vegetation is defined in the Act as:

"a plant or plants of a species indigenous to South Australia (ie. naturally occurring local native plants) including a plant or plants growing in or under waters of the sea but does not include:

This broad definition includes not only trees, but also shrubs, grasses, groundcovers, moss, lichen, reeds and seaweed. Recent amendment to the Act cover dead trees that provide habitat for endangered species.

The primary obligation imposed by the Act on land holders and others is to not clear native vegetation unless the clearance is in accordance with the Act. Approval to clear native vegetation can be granted by the Native Vegetation Council - a statutory body established under the Act. In other cases, clearance may be undertaken pursuant to "exemptions" contained in the Native Vegetation Regulations [see below]. Another important limitation is that the Act does not apply to native vegetation growing in the Adelaide Metropolitan area (but does apply in some parts of some councils covering the foothills of the Mount Lofty Ranges ). If in doubt, contact the Native Vegetation Secretariat in the State Department of Environment and Heritage.

Clearance of native vegetation under the Act is defined broadly and includes almost anything that can be done to kill or harm native vegetation including burning, chopping limbs or anything else that causes substantial damage [Native Vegetation Act 1991 s.3].

In exercising its powers to grant permission to clear native vegetation, the Native Vegetation Council is bound by a set of "Principles of clearance" [see Schedule 1 of the Act]. These principles include broad objectives aimed at preserving biological diversity. The result of the Native Vegetation Council applying these principles is that most applications for broad acre clearance to clear are refused. On the other hand, applications to clear individual or scattered trees are usually approved.

Under an earlier version of the Native Vegetation Act, applicants (mostly farmers) who were refused permission to clear could get compensation from the government. This had the effect of increasing the number of applications and decreasing the resources of the Environment Department. The current Act has no provision for compensation, although financial assistance is available to help land holders fence or otherwise manage native vegetation on their properties.

Exemptions from the need to apply for native vegetation clearance approval cover a wide range of activities such as road building and firewood collection. No permission is required to clear vegetation for firebreaks, building construction or along fence lines. The exemptions cover many pages of Regulations and advice should always be sought before attempting any clearance pursuant to exemptions as penalties for illegal clearance are severe.

As well as preventing clearance of native vegetation, the Act also provides for existing native vegetation to be protected and managed. One of the key tools is the use of "Heritage Agreements". These agreements are legally binding contracts whereby the owner of the land agrees to manage the land for conservation. The Heritage Agreement does not affect the ownership of the land, however it does bind subsequent purchasers because the agreement is noted on the certificate of title to the land. To date, more than half a million hectares of privately owned bushland has been protected under Heritage Agreements. Information booklets covering the Act are available free of charge from the Department of Environment and Heritage.

As a general rule, all native Australian animals are protected by law. State laws cover the “taking” of protected animals and Commonwealth laws cover exporting or “smuggling” of wildlife. Under the SA National Parks and Wildlife Act 1972, any person who takes a protected animal or the eggs of a protected animal is liable to a fine of up to $10 000 or imprisonment for two years. The most serious penalties apply where the animal is of an endangered species. Protected animals can, however, be taken in certain circumstances during an open season proclaimed by the Governor or under a permit issued by the Minister.

As well as the offence of “taking” a protected animal, severe penalties also apply to:

Amendments made to the National Parks and Wildlife Act 1972 in 1996 allow the management and sustainable use of native plants and animals including trial farming of native plants and animals, commercial harvesting of native animals and the raising and selling of native plants for commercial purposes.

Commercial harvesting of native animals is allowed under certain circumstances. Red kangaroos, western grey kangaroos and euros may be harvested if a plan of management has been prepared and adopted by the Environment Minister. The plan must address a range of issues including the impact of harvesting on the species and ecosystems, protection of the environment, crops, stock and property, methods and procedures for capture or killing; and consultation with the community. Once a plan is adopted it is published in the government gazette. Commercial harvesting may apply to other species of protected animals only if permitted by regulation.

The enactment of the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 has increased the level of protection for threatened species and ecological communities by making them a matter of national environmental significance. Actions withinAustralia that have, will have or are likely to have a significant impact upon a listed threatened species or ecological community will trigger the Commonwealth Act. Lists of threatened species and ecological communities are made by the Commonwealth Minister and can be found at http://www.environment.gov.au/epbc/protect/species-communities.html and Department of the Environment, Water, Heritage and the Arts.

“Significant impacts” under the Commonwealth EPBC Act are explained in the Significant Impact Guidelines prepared by the Minister and include activities that are likely to:

The Commonwealth Act also protects listed migratory species (mostly birds) from actions that have, will have or are likely to have an impact on that species. Under the Significant Impact Guidelines, the action will have a significant impact if it:

Lists of migratory species must include any species that are listed under relevant international conventions, for example the JAMBA and CAMBA Conventions and the Bonn Convention. These lists can be found at http://www.environment.gov.au/biodiversity/migratory/list.html.

An important distinction to note between the Commonwealth and State lists of endangered species is that the State lists mainly refer to the severity of the penalty for illegal “taking” whereas the Commonwealth lists determine whether or not a particular development or proposal requires formal government assessment and approval. The State and Commonwealth lists are not the same, therefore both should be consulted.

The Sewerage Act 1929

The Sewerage Act 1929 deals with the removal of sewerage and the cleansing of the metropolitan area and other places. It allows for the acquisition of land for the purposes of the Act and allows the Governor to make regulations that are necessary or expedient for the Act. The Act also provides for a plumbing advisory board, whose powers and functions are prescribed by the Governor. The Act further allows for the construction of sewers, dams, accommodation works and roads. It also sets out the sewerage rates that are to apply and how these are to be set.

Waterworks Act 1932

The Waterworks Act 1932 was implemented in order to consolidate a number of Acts relating to water. The Act sets out the regulations and powers of the South Australian Water Corporation and the supply of water and also allows for the creation of water districts around the State. It sets out rates that are payable on water and what these are composed of, setting up two different land categories. The Act also sets up the Save the River Murray Fund and a proportion of rates paid go into this fund, which aims to improve the environmental health of the River Murray and ensure the adequacy, security and quality of the State’s water supply.