82MAppointment and dismissal of members

82M Appointment and dismissal of members (1) The members of the Board are appointed by the Minister by determination published in the Government Gazette. (2) A member of the Board may be dismissed by the Minister by determination published in the Government Gazette. (3) In making appointments under this section, the Minister must ensure— (a) that a majority of the positions of membership are occupied by persons nominated by the traditional owner group entity of the appointed land; and S. 82M(3)(b) amended by No. 62/2010 s. 104(1)(a). (b) that the members of the Board have the qualifications, attributes, skills and experience that are relevant to the operations of the Board; and S. 82M(3)(c) inserted by No. 62/2010 s. 104(1)(b). (c) that at least one member of the Board is appointed on the nomination of the Secretary. S. 82M(3A) inserted by No. 19/2018 s. 65, substituted by No. 42/2021 s. 31. (3A) Before exercising a power under subsection (3)(c), the Secretary must consult with— (a) Parks Victoria in relation to the Secretary's proposed nomination if the Board will have responsibilities for Parks Victoria managed land; and (b) the Great Ocean Road Coast and Parks Authority in relation to the Secretary's proposed nomination if the Board will have responsibilities for land controlled and managed by the Authority. (4) In dismissing a member of the Board under this section, the Minister must have regard to any agreement entered into under Division 5. S. 82M(5) inserted by No. 62/2010 s. 105(2). (5) If a Traditional Owner Land Management Board has been appointed as part of giving effect to a recognition and settlement agreement, a member of that Board appointed on the nomination of the traditional owner group entity must not be dismissed under this section— (a) unless the Minister is satisfied as to one or more of the following— (i) that the member has failed to act in good faith; (ii) that the member has improperly used his or her position to gain advantage for himself or herself or another person; (iii) that the member has caused detriment to the Board; or (b) unless the traditional owner group entity so requests. S. 82N inserted by No. 82/2009 s. 38.