South Australian Numbered Acts

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FISHERIES MANAGEMENT ACT 2007 (NO 4 OF 2007) - SECT 11

11—Establishment of Council

        (1)         The Fisheries Council of South Australia is established.

        (2)         Subject to subsection (3), the Council consists of—

            (a)         the Director ( ex officio ); and

            (b)         at least 9 other members appointed by the Governor on the nomination of the Minister, being persons chosen from a list of persons submitted by a selection committee (the "Ministerial Selection Committee ).

        (3)         A member of the Ministerial Selection Committee cannot be chosen or nominated as a member of the Council.

        (4)         Each member of the Council must have expertise in fisheries management and at least 1 must be a person with knowledge and experience of aboriginal traditional fishing.

        (5)         The membership of the Council must include persons who together have, in the Minister's opinion, expertise in the following areas:

            (a)         commercial fishing and the processing of aquatic resources;

            (b)         recreational fishing;

            (c)         research and development relevant to the use of aquatic resources;

            (d)         conservation of aquatic resources;

            (e)         socio-economics;

            (f)         business;

            (g)         law.

        (6)         Before nominating a person or persons for appointment to the Council, the Minister must, by notice published in a newspaper circulating generally throughout the State, invite expressions of interest for appointment to the Council within a period specified in the notice and must submit any expressions of interest received in response to the notice to the Ministerial Selection Committee for its consideration.

        (7)         The Ministerial Selection Committee consists of 7 members appointed by the Minister of whom—

            (a)         1 must be a person selected from a panel of 3 persons nominated by a body that, in the Minister's opinion, represents the interests of the seafood industry; and

            (b)         1 must be a person selected from a panel of 3 persons nominated by a body that, in the Minister's opinion, represents the interests of the commercial fishing sector; and

            (c)         1 must be a person selected from a panel of 3 persons nominated by a body that, in the Minister's opinion, represents the interests of the recreational fishing sector; and

            (d)         1 must be a person selected from a panel of 3 persons nominated by a body that, in the Minister's opinion, represents the community interest in the conservation of aquatic resources, aquatic habitats and aquatic ecosystems.

        (8)         The Ministerial Selection Committee must submit to the Minister a list of persons considered by the Committee to be suitable candidates for appointment as members of the Council.

        (9)         The Ministerial Selection Committee must, in preparing the list—

            (a)         consider any expressions of interest for appointment to the Council submitted by the Minister under subsection (6); and

            (b)         have regard to the qualification requirements of subsections (4) and (5).

        (10)         Members of the Ministerial Selection Committee will hold office on terms and conditions determined by the Minister.



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