South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 80

80—Submission of plan to Minister

        (2)         The Minister must, in considering a draft plan under this section, have regard to the submissions (if any) received from members of the public and to the reports of the person or persons who conducted any public meeting.

        (3)         After complying with subsection (2) , the Minister may—

            (a)         adopt the plan with or without amendment; or

            (b)         refer the plan back to the board for further consideration.

        (4)         The Minister must consult with the regional NRM board before making an amendment under subsection (3)(a) .

        (5)         If the Minister adopts the plan with amendment, the Minister must give—

            (a)         a copy of the plan as amended; or

            (b)         if it appears to the Minister that the part or parts of the plan that have been amended can conveniently be substituted in the draft plan—a copy of that part or those parts as amended,

to the board and to each constituent council.

        (6)         If the Minister refers the plan back to the board, it must prepare a new draft plan and follow the procedures as to consultation provided for by this Part in respect of the new draft.

        (7)         The Minister adopts a plan by signing a certificate endorsed on the plan that the Minister has adopted the plan.

        (8)         If a plan prepared under Division 1 provides that the whole or part of the funds required for implementation of the plan should comprise an amount to be raised under Chapter 5 (in this section referred to as a "levy proposal") the Minister must, within 7 days after adopting the plan, refer the plan to the Natural Resources Committee of Parliament.

        (9)         The Natural Resources Committee must, after receipt of a plan under subsection (8) —

            (a)         resolve that it does not object to the levy proposal; or

            (b)         resolve to suggest amendments to the levy proposal; or

            (c)         resolve to object to the levy proposal.

        (10)         If, at the expiration of 28 days from the day on which the plan was referred to the Natural Resources Committee, the Committee has not made a resolution under subsection (9) , it will be conclusively presumed that the Committee does not object to the levy proposal and does not propose to suggest any amendments to it.

        (11)         If an amendment is suggested under subsection (9)(b) —

            (a)         the Minister may make the suggested amendment; or

            (b)         if the Minister does not make the suggested amendment, the Minister must report back to the Committee that he or she is not willing to make the amendment suggested by the Committee (in which case the Committee may resolve that it does not object to the levy proposal as originally adopted, or may resolve to object to the proposal).

        (12)         The Minister must act under subsection (11) within 28 days after receiving the suggested amendment from the Committee.

        (13)         If the Natural Resources Committee resolves to object to a levy proposal, the Presiding Member of the Committee must ensure that a copy of the plan is laid before the House of Assembly.

        (14)         If the House of Assembly passes a resolution disallowing the levy proposal of a plan laid before it under subsection (13) , the levy proposal ceases to have effect.

        (15)         A resolution is not effective for the purposes of subsection (14) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the plan was laid before the House of Assembly.

        (16)         If a resolution is passed under subsection (14) , notice of the resolution must forthwith be published in the Gazette.