South Australian Numbered Acts

FISHERIES MANAGEMENT ACT 2007 (NO 4 OF 2007) - SECT 44

44—Procedure for preparing management plans

        (1)         The Council must, in relation to a proposal to prepare a management plan—

            (a)         by notice published in a newspaper circulating generally within the State, give notice of the intention to prepare the management plan with a description of the general purpose of the proposed management plan; and

            (b)         prepare a draft of the management plan; and

            (c)         seek the views of a representative of all signatories to any indigenous land use agreement that is in force in relation to any of the area to which the plan relates in relation to the draft.

        (2)         The Council must, after preparing a draft management plan, prepare a report containing—

            (a)         an explanation of the purpose and effect of the draft management plan; and

            (b)         a summary of the background and issues relevant to the draft management plan and of the analysis and reasoning applied in formulating the plan.

        (3)         The Council must, after preparing the draft management plan and related report—

            (a)         refer the plan and report to—

                  (i)         the Minister; and

                  (ii)         the representative of all signatories to any indigenous land use agreement that is in force in relation to any area to which the plan relates; and

                  (iii)         any advisory committee whose area of responsibility is affected by the plan; and

                  (iv)         any public authority whose area of responsibility is, in the opinion of the Council, particularly affected by the plan; and

            (b)         cause an advertisement to be published in a newspaper circulating generally in the State—

                  (i)         giving notice of places at which the draft management plan and report (or copies of the draft management plan and report) are to be available for inspection and, if copies are to be available for purchase, places at which copies may be purchased; and

                  (ii)         inviting interested persons to make written submissions in relation to the draft management plan within a period specified in the advertisement (being not less than 2 months from the date of publication of the advertisement); and

                  (iii)         stating that the submissions will be available for inspection as provided by subsection (5); and

                  (iv)         appointing a place and time at which a public hearing will be commenced by the Council in which interested persons may appear to be heard in relation to the draft management plan and the submissions.

        (4)         However, the Council may, in relation to a particular draft management plan, with the approval of the Minister, dispense with the requirement for the holding of a public hearing if satisfied that it is not warranted in the circumstances.

        (5)         If written submissions are made in response to an advertisement published under subsection (3)(b), a copy of those submissions must be made available for inspection by interested persons during ordinary business hours at the principal office of the Council from the end of the period specified for the making of submissions until the Council reports to the Minister on the draft management plan under this section.

        (6)         At the time and place appointed for a public hearing, interested persons may appear and make submissions to the Council that are relevant to the draft management plan or the written submissions relating to the draft management plan.

        (7)         The Council must consult with and consider the advice of the persons and bodies referred to in subsection (3)(a) on—

            (a)         the provisions of the draft management plan; and

            (b)         all matters raised as a result of public consultation under this section; and

            (c)         any alterations that the Council proposes should be made to the draft management plan.

        (8)         The Council must then report to the Minister and the Minister may, after taking into account the report and recommendations of the Council on the matter—

            (a)         adopt the draft management plan; or

            (b)         alter the draft management plan and adopt the draft management plan as altered; or

            (c)         decline to adopt the draft management plan.

        (9)         A management plan has no force or effect until adopted by the Minister.

        (10)         On adopting a draft management plan, the Minister must cause notice of that fact to be published in the Gazette.

        (11)         The Minister must, in the Gazette notice adopting a management plan, fix a date on which the plan will take effect.

        (12)         A failure of the Council or the Minister to comply with a requirement of this section does not affect the validity of a management plan.