South Australian Current Acts

NATIVE VEGETATION ACT 1991 - SECT 15

15—Delegation of powers and functions

        (1)         Subject to this Act, the Council may, with the approval of the Minister, delegate any of its powers or functions.

        (2)         A delegation under this section—

            (a)         may be made to—

                  (i)         the presiding member or another member of the Council; or

                  (ii)         a committee established by the Council (whether or not it consists of or includes a member or members of the Council); or

                  (iii)         a local council or other body corporate; or

                  (iv)         any other person;

            (b)         may be made subject to such conditions as the Council thinks fit;

            (c)         is revocable at will and does not derogate from the power of the Council to act in any matter itself.

        (3)         A delegation and the revocation of a delegation under this section must be in writing.

        (4)         A delegation under this section may be made to the person for the time being holding an office or position specified in the delegation.

        (5)         Where the Council delegates powers or functions to a local council in pursuance of this section, the local council may, with the approval of the Council, subdelegate those powers to a committee or officer of the local council.

        (5a)         The Council may only make a delegation to a local council or an officer of a local council under subsection (2) with the written approval of the relevant council.

        (5b)         The Council may only make a delegation to a local council or an officer of a local council under subsection (2), or approve a subdelegation to a committee or officer of a local council under subsection (5), if—

            (a)         in the case of a delegation to a local council or a subdelegation to a committee—the Council makes it a condition of the delegation or approval (as the case may be) that the local council or committee will, in the exercise or performance of a delegated power or function, seek the advice of a person who holds a qualification in a field of natural resource management, or in biology;

            (b)         in the case of a delegation or subdelegation to an officer of a local council—the officer is a person who holds a qualification in a field of natural resource management, or in biology.

        (6)         A person to whom powers or functions are delegated under this section is disqualified from acting in pursuance of the delegation in relation to any matter in which the delegate has a personal interest or a direct or indirect pecuniary interest.

Maximum penalty: $5 000.

        (7)         A person who is a member of a local council or the governing body of a body corporate to which powers or functions are delegated under this section is disqualified from taking part in any deliberations or decisions of the local council or body corporate made pursuant to the delegation in relation to any matter in which that person has a personal interest or a direct or indirect pecuniary interest.

Maximum penalty: $5 000.

        (8)         Despite a preceding subsection, the Council may only delegate a power to act in relation to any matter within the Murray-Darling Basin with the approval of the Minister to whom the administration of the River Murray Act 2003 is committed.

        (9)         Despite a preceding subsection, the Council may only delegate a power to act in relation to any matter within the Adelaide Dolphin Sanctuary with the approval of the Minister for the Adelaide Dolphin Sanctuary.