Subdiv 1Biodiversity Council

Subdivision 1—Biodiversity Council 14—Establishment of Biodiversity Council The Biodiversity Council is established. 15—Composition of Council (1) The Council will consist of at least 7 members and not more than 12 members appointed by the Governor, on the recommendation of the Minister, of whom— (a) 1 must be a member of the CAC; and (b) 2 must be members of the ABC (being persons of different genders); and (c) 1 must be a member of the Scientific Committee. (2) The Minister must, when recommending persons for appointment to the Council, seek to ensure that, as far as is practicable, the members of the Council— (a) have a balance of expertise that is relevant to addressing the conservation, restoration and enhancement of biodiversity; and (b) collectively have skills, knowledge and experience in the following areas: (i) terrestrial biodiversity conservation and restoration; (ii) aquatic biodiversity conservation and restoration; (iii) local government; (iv) energy and resources; (v) scientific research in relation to biodiversity; (vi) primary production or pastoralism; (vii) land use, urban or regional planning; (viii) climate change adaptation and mitigation; (ix) Aboriginal knowledges. (3) In addition, the Minister should seek to recommend persons for appointment to the Council who can demonstrate— (4) Subject to subsection (6), the following applies to the recommendation of persons for appointment to the Council: (a) 1 member must be a person selected by the Minister from a panel of 3 persons nominated by the Conservation Council of South Australia for the purposes of subsection (2)(b)(i) and (ii); (b) 1 member must be a person selected by the Minister from a panel of 3 persons nominated by the Local Government Association of South Australia for the purposes of subsection (2)(b)(iii); (c) 1 member must be a person selected by the Minister from a panel of 3 persons nominated by the South Australian Chamber of Mines and Energy for the purposes of subsection (2)(b)(iv); (d) 1 member must be a person selected by the Minister from a panel of 3 persons nominated by Primary Producers South Australia for the purposes of subsection (2)(b)(vi); (e) 1 member must be a person selected by the Minister from a panel of 3 persons nominated by the Premier's Climate Change Council established by the Climate Change and Greenhouse Emissions Reduction Act 2007 for the purposes of subsection (2)(b)(viii). (5) If a body referred to in subsection (4) fails to nominate a panel in accordance with the requirements of that subsection, or the Minister considers that none of the 3 persons on a panel referred to in that subsection has the required skills, knowledge or experience, the Minister must request that the body nominate a panel of 3 persons or a panel of 3 different persons (as the case requires). (6) If, after the Minister makes a request under subsection (5), the body fails to nominate a panel, or the Minister considers that none of the 3 persons on a panel nominated has the required skills, knowledge or experience, the Minister may instead recommend for appointment to the Council any person who the Minister considers has the required skills, knowledge or experience. (7) If a body referred to in subsection (4) ceases to exist, and no other body takes over its functions, the regulations may prescribe a body to take over the ceased body's function under that subsection and, if the regulations do not do so, the Minister may make a recommendation without a nomination. (8) The Minister may consult with any entity the Minister thinks fit before recommending a person for appointment to the Council. (9) The Minister may only recommend a member of the ABC for appointment as a member of the Council on the nomination of the ABC. (10) The Minister will designate a member of the Council to chair meetings of the Council. (11) The chair of the Council may not be a member of the Public Service. 16—Functions of Council The Council has the following functions: (a) to provide advice to the Minister in relation to the administration of this Act; (b) to provide advice to the Minister in relation to the State Biodiversity Plan, including in relation to any reviews of the Plan; (c) to prepare and adopt guidelines for the purposes of section 174; (d) to make the SEB policy and a biodiversity policy relating to environmental benefit credits and to provide advice in relation to other biodiversity policies; (e) to manage the Biodiversity Restoration Fund; (f) to keep under review the operation of the principles of preservation of native plants and to advise the Minister of any changes it considers are necessary or desirable; (g) to keep under review the operation of the mitigation hierarchy and to advise the Minister of any changes it considers are necessary or desirable; (h) to advise the Minister, and provide approvals, in relation to biodiversity agreements; (i) to, on application, review decisions of the CAC to refuse to give consent to applications for consent to clear native plants under Part 4 Division 3 or to revoke such a consent; (j) to engage the community in relation to the importance of biodiversity conservation; (k) such other functions assigned to it by or under this Act or by the Minister.