South Australian Numbered Acts South Australian Numbered Acts9—Substitution of sections 4 and 5
Sections 4 and 5—delete sections 4 and 5 and substitute:
4—South Australian Heritage Council
The South Australian Heritage Council is established.
5—Composition of Council
(1) The Council
consists of the following members appointed by the Governor:
(a) not
less than 6 and not more than 8 persons who, in the opinion of the Governor,
have knowledge of or experience in history, archaeology, architecture, the
natural sciences, heritage conservation, public administration, urban and
regional planning or property development (or any combination of 2 or more of
these fields), or some other relevant field; and
(b) 1
person with knowledge of or experience in heritage conservation chosen from a
panel of 3 such persons submitted to the Minister by the Local Government
Association of South Australia.
(2) Before filling a
vacancy in the membership of the Council under subsection (1)(a), the
Minister must, by advertisement published in a newspaper circulating
throughout the State, invite interested members of the public to submit
(within 14 days of the advertisement) the names of persons whom they regard as
suitable candidates for the vacancy.
(3) At least 1 member
of the Council must be a woman and at least 1 member must be a man.
(4) The Governor will
designate a member of the Council to chair meetings of the Council.
(5) The members of the
Council will designate one of their members to chair meetings of the Council
in the absence of the person designated under subsection (4) and that
designation will apply for a period, not exceeding 12 months, determined by
the members (and may then be renewed or revised as the members think fit).
(6) The Governor may
appoint a suitable person to act as a member of the Council in the absence of
a member.
5A—Functions of the Council
(1) The Council has
the following functions:
(a) to
provide advice (especially from a strategic perspective) to the Minister on
matters relating to—
(i)
trends, shortcomings and opportunities with respect to
heritage protection at the State and local level and, insofar as may be
relevant, at the national level; and
(ii)
the development and effectiveness of heritage
conservation programs, policies, initiatives and incentives; and
(iii)
the operation and enforcement of this Act; and
(iv)
other issues referred to the Council by the Minister for
consideration and report;
(b) in
connection with the administration of this Act—
(i)
to administer the South Australian Heritage Register ;
and
(ii)
to identify places, and related objects, of State
heritage significance, and to enter them in the Register; and
(iii)
to identify areas of State heritage significance, and to
promote their establishment, in appropriate cases, as State Heritage Areas
under the Development Act 1993 ; and
(iv)
to initiate or support community awareness programs that
promote public understanding and appreciation of the State's heritage, taking
into account the objects of this Act; and
(v)
to promote the objects of this Act in such other manner
as the Council thinks fit, including through the work of other bodies or
persons;
(c) to
provide advice (especially from a strategic perspective) to the Minister to
whom the administration of the Development Act 1993 is committed on
matters relating to—
(i)
the interpretation or application of the criteria set out
in section 23(4) of that Act (and, if appropriate, the consideration of
any potential amendment with respect to those criteria); and
(ii)
other matters on which that Minister is required to
consult with the Council under the provisions of that Act;
(d) to
perform any other function assigned to the Council by or under this or any
other Act.
(2) The Council
may—
(a)
establish criteria that are to be taken into account when determining whether
an area should be established as a State Heritage Area; and
(b)
establish guidelines that are to be used in the interpretation or application
of—
(i)
the criteria that apply under paragraph (a);
(ii)
the criteria set out in section 16.
(3) The Council must
establish and maintain a list of persons who are recognised by the Council as
being appropriately qualified (including by virtue of their skills or
experience) for the purposes of this Act, or for the purposes of those
provisions of the Development Act 1993 that are relevant to heritage.