South Australian Numbered Acts South Australian Numbered Acts6—Insertion of Part 3 Division 1A
After section 15 insert:
Division 1A—Co-management board for Unnamed Conservation Park
15A—Interpretation
In this Division—
"Minister" means the Minister to whom the administration of the
National Parks and Wildlife Act 1972 is committed.
15B—Establishment of co-management board
(1) The Governor may,
by regulation, establish a co-management board for the control and management
of the Unnamed Conservation Park subject to the provisions of this Act and the
National Parks and Wildlife Act 1972 .
(2) Subject to this
section, regulations establishing the co-management board—
(a) must
not be inconsistent with the co-management agreement for the Unnamed
Conservation Park; and
(b) must
name the board; and
(c) must
provide for the appointment, term and conditions of office and removal of the
members of the board; and
(d) must
provide for the procedures governing the board's proceedings; and
(e) must
provide that the board have a majority of members who are members of Maralinga
Tjarutja; and
(f) must
provide that the board be chaired by a person nominated by Maralinga Tjarutja;
and
(g) must
provide that the quorum of the board have a majority of members who are
members of Maralinga Tjarutja; and
(h) may
limit the powers and functions of the board; and
(i)
may provide for delegation by the board; and
(j) may
provide for the remuneration of members; and
(k) may
require reporting by the board to the Minister; and
(l) may
make any other provision (not inconsistent with the National Parks and
Wildlife Act 1972 ) relating to the board or the control and management
of the Unnamed Conservation Park.
(3) If a regulation
establishing the co-management board is disallowed by either House of
Parliament, the assets and liabilities of the board will be dealt with in
accordance with the directions of the Minister.
15C—Corporate nature of co-management board
(1) The co-management
board—
(a) is a
body corporate; and
(b) has
perpetual succession and a common seal; and
(c) can
sue and be sued in its corporate name; and
(d) has
all the powers of a natural person that are capable of being exercised by a
body corporate; and
(e) has
the functions and powers assigned or conferred by or under this or any other
Act.
(2) If a document
appears to bear the common seal of the co-management board, it will be
presumed, in the absence of proof to the contrary, that the common seal of the
co-management board was duly fixed to the document.
15D—Dissolution or suspension of co-management board
(1) Subject to this
section, the Governor may, by regulation, dissolve or suspend the
co-management board.
(2) The co-management
board must not be dissolved unless the Unnamed Conservation Park is abolished.
(3) The co-management
board must not be suspended unless the Minister is satisfied that such action
is warranted due to continuing failure by the board properly to discharge its
responsibilities.
(4) On dissolution and
during any suspension of the co-management board, any assets and liabilities
of the board will be dealt with or disposed of in accordance with the
directions of the Minister.
15E—Staff
(1) The staffing
arrangements for the co-management board will be determined or approved by the
Minister after consultation with Maralinga Tjarutja.
(2) Any staff under
subsection (1) will be—
(a)
Public Service employees assigned to work with the co-management board; or
(b) if
appointments have been made under subsection (3)—the persons
holding those appointments.
(3) The co-management
board may, with the approval of the Minister—
(a)
appoint persons to the staff of the board; and
(b)
appoint persons to assist in the management of the Unnamed Conservation Park.
(4) The co-management
board may, with the approval of the Minister administering an administrative
unit of the Public Service, on terms and conditions mutually arranged, make
use of the services of any officer, or use any facilities or equipment, of
that unit.
(5) A person employed
under subsection (3) is not a Public Service employee.
15F—Accounts and audit
(1) The co-management
board must cause proper accounts to be kept of its financial affairs.
(2) The
Auditor-General may at any time, and must in respect of each financial year,
audit the accounts of the co-management board.
15G—Annual report
(1) The co-management
board must, on or before 30 September in each year, prepare and deliver to the
Minister a report on its operations during the preceding financial year.
(2) The report must
include—
(a) the
audited accounts of the co-management board; and
(b) any
other information required by or under the regulations.
(3) The Minister must,
within 6 sitting days after receiving a report, cause copies of the report to
be laid before both houses of Parliament.