South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 79

79—Preparation of plans and consultation

        (1)         A regional NRM board proposing to create a plan must prepare a draft plan for the purposes of this Division.

        (1a)         A regional NRM board must, at the time that it commences the preparation of a draft plan, give public notice of its decision to proceed to prepare a draft in a manner determined by the board.

        (2)         The board must, during the preparation of the draft plan, take into account any relevant submissions made to the board in relation to the matter.

        (6)         When the draft plan is completed, the board must—

            (a)         give a copy of it to—

                  (i)         the Minister; and

                  (iii)         any Government Department or other agency that has a direct interest in the proposed plan; and

                  (v)         the peak bodies; and

                  (vi)         any NRM group that has a direct interest in the proposed plan; and

                  (vii)         each constituent council for the region; and

                  (viii)         if the board proposes that land should be acquired in connection with the implementation of the plan—the relevant owner or owners of land; and

                  (ix)         if the draft plan has any application with respect to the operations of SA Water—SA Water; and

            (ixa)         any body that represents the interests of Aboriginal people identified by the Minister for the purposes of this subparagraph (either in relation to a particular plan or more generally); and

                  (x)         such other persons or bodies as are prescribed by the regulations; and

            (b)         consult the public in relation to the plan.

        (7)         The Minister may require that the board obtain the approval of the Minister before the board releases a draft plan under subsection (6) .

        (8)         A person or body (other than the Minister) to which a copy of a draft plan is provided under subsection (6)(a) may prepare and furnish a response to the board within the period prescribed by the regulations.

        (9)         The board must consult with the public under subsection (6)(b) by inviting the public to make written submissions to the board and to attend a public meeting to be held in relation to the draft plan.

        (10)         The board must publish an invitation under subsection (9) on its website, and may give such other public notice of the invitation as the board may determine.

        (11)         An advertisement required under subsection (10) must—

            (a)         identify the relevant region; and

            (b)         with respect to an invitation for submissions—state the name and address of the person to whom submissions must be sent and the time by which submissions must be received; and

            (c)         with respect to an invitation to attend a public meeting—state the time and place at which the meeting will be held; and

            (d)         include an address at which copies of the plan may be inspected and purchased.

        (12)         Written submissions must be made to the board by a date specified by the board (being a date that is at least 2 months after the first publication of an invitation under subsection (10)).

        (13)         A public meeting—

            (a)         will be held on a date specified by the board (being a date that is at least 14 days after the first publication of an invitation under subsection (10)); and

            (b)         must be held at a time and place that will, in the opinion of the board, be reasonably convenient for a majority of those persons who are likely to attend the meeting.

        (14)         The presiding member of the board will conduct the public meeting but if he or she is unable to attend then the board must appoint a suitable person to conduct the public meeting.

        (15)         A person who has conducted a public meeting must, as soon as practicable after the meeting has concluded, submit a written report to the board summarising the comments made at the meeting by members of the public in relation to the draft plan.

        (16)         The board must, after complying with the requirements of the preceding subsections, prepare a report on the matters raised during consultation on the draft plan and on any recommended alterations to the plan.

        (17)         A report under subsection (16) must comply with any requirements prescribed by the regulations.

        (18)         The board must furnish the report prepared under subsection (16) to the Minister.

        (19)         The board may, as part of the processes associated with subsections (16) , (17) and  (18) , amend the draft plan as the board thinks fit.