Div 1South Australian Heritage Council

Division 1—South Australian Heritage Council 4—South Australian Heritage Council The South Australian Heritage Council is established. 5—Composition of Council (1) The Council consists of the following members appointed by the Minister: (a) not less than 6 and not more than 8 persons who, in the opinion of the Minister, have knowledge of or experience in history, archaeology, architecture, the natural sciences, heritage conservation, public administration, urban and regional planning or property development (or any combination of 2 or more of these fields), or some other relevant field; and (b) 1 person with knowledge of or experience in heritage conservation chosen from a panel of 3 such persons submitted to the Minister by the Local Government Association of South Australia. (2) Before filling a vacancy in the membership of the Council under subsection (1)(a), the Minister must, by notice published on a website determined by the Minister or by such other means prescribed by the regulations, invite interested members of the public to submit (within 14 days of the advertisement) the names of persons whom they regard as suitable candidates for the vacancy. (3) At least 1 member of the Council must be a woman and at least 1 member must be a man. (4) The Minister will designate a member of the Council to chair meetings of the Council. (5) The members of the Council will designate one of their members to chair meetings of the Council in the absence of the person designated under subsection (4) and that designation will apply for a period, not exceeding 12 months, determined by the members (and may then be renewed or revised as the members think fit). (6) The Minister may appoint a suitable person to act as a member of the Council in the absence of a member. 5A—Functions of the Council (1) The Council has the following functions: (a) to provide advice (especially from a strategic perspective) to the Minister on matters relating to— (i) trends, shortcomings and opportunities with respect to heritage protection at the State and local level and, insofar as may be relevant, at the national level; and (ii) the development and effectiveness of heritage conservation programs, policies, initiatives and incentives; and (iii) the operation and enforcement of this Act; and (iv) other issues referred to the Council by the Minister for consideration and report; (b) in connection with the administration of this Act— (i) to administer the South Australian Heritage Register; and (ii) to identify places, and related objects, of State heritage significance, and to enter them in the Register; and (iii) to identify areas of State heritage significance, and to promote their establishment, in appropriate cases, as State Heritage Areas under the Development Act 1993; and (iv) to initiate or support community awareness programs that promote public understanding and appreciation of the State's heritage, taking into account the objects of this Act; and (v) to promote the objects of this Act in such other manner as the Council thinks fit, including through the work of other bodies or persons; (c) to provide advice (especially from a strategic perspective) to the Minister to whom the administration of the Development Act 1993 is committed on matters relating to— (i) the interpretation or application of the criteria set out in section 23(4) of that Act (and, if appropriate, the consideration of any potential amendment with respect to those criteria); and (ii) other matters on which that Minister is required to consult with the Council under the provisions of that Act; (d) to perform any other function assigned to the Council by or under this or any other Act. (2) The Council may— (a) establish criteria that are to be taken into account when determining whether an area should be established as a State Heritage Area; and (b) establish guidelines that are to be used in the interpretation or application of— (i) the criteria that apply under paragraph (a); (ii) the criteria set out in section 16. (3) The Council must establish and maintain a list of persons who are recognised by the Council as being appropriately qualified (including by virtue of their skills or experience) for the purposes of this Act, or for the purposes of those provisions of the Development Act 1993 that are relevant to heritage. 6—Conditions of membership (1) A member of the Council will be appointed for a term of office, not exceeding three years, specified in the instrument of appointment and, on completion of a term of appointment, will be eligible for reappointment. (2) The Minister may remove a member of the Council from office for— (a) mental or physical incapacity; or (b) neglect of duty; or (c) misconduct. (3) The office of a member of the Council becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is removed from office by the Minister under subsection (2). (4) An act or proceeding of the Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 7—Proceedings of Council (1) The member designated by the Minister to chair meetings of the Council will preside at a meeting of the Council or, in the absence of that member, the appropriate member designated by the members of the Council will preside or, in the absence of both of them, a member chosen by those present will preside. (2) The prescribed number of members of the Council constitutes a quorum of the Council. (3) A decision carried by a majority of the votes of the members present at a meeting of the Council is a decision of the Council. (4) Each member present at a meeting of the Council is entitled to one vote on any matter arising for decision at that meeting and, if the votes are equal, the person chairing the meeting is entitled to a second or casting vote. (5) A conference by telephone or other electronic means between the members of the Council will, for the purposes of this section, be taken to be a meeting of the Council at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Council for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (5a) A proposed resolution of the Council in connection with a prescribed urgent matter becomes a valid decision of the Council despite the fact that it is not voted on at a meeting of the Council if— (a) notice of the proposed resolution is given to all members of the Council in accordance with procedures determined by the Council; and (b) a majority of the members express concurrence in the proposed resolution by letter, fax, e‑mail or other written communication setting out the terms of the resolution. (6) A meeting of the Council is to be open to the public unless the Council considers it necessary and appropriate to exclude the public in order to enable the Council to consider in confidence any matter that it considers to be confidential or if it considers that exclusion necessary to protect a place that is or may be of heritage significance. (7) The minutes of meetings of the Council must be available for public inspection without charge. (8) In this section, the prescribed number of members of the Council is a number ascertained by dividing the total number of members of the Council for the time being in office by 2, ignoring any fraction resulting from the division, and adding 1. (9) In this section— prescribed urgent matter means— (a) the provisional entry of a place in the Register under section 17(2)(b); or (b) the making of an order under section 30(1). 7A—Committees (1) The Council— (a) must establish the committees required by the regulations; and (b) may establish such other committees as the Council thinks fit, to advise or assist the Council. (2) A committee established under subsection (1) may, but need not, consist of or include members of the Council. (3) The procedures to be observed in relation to the conduct of business of a committee will be— (a) as prescribed by regulation; or (b) insofar as the procedure is not prescribed by regulation—as determined by the Council; or (c) insofar as the procedure is not prescribed by regulation or determined by the Council—as determined by the committee. (4) The Council must, in acting under this section, comply with any guidelines issued by the Minister for the purposes of this section (which may include a requirement for the approval of the Minister before a Committee, or Committee of a specified class, may be established under subsection (1)). 8—Delegation (1) Subject to this section, the Council may delegate a power or function under this Act— (a) to a member of the Council; or (b) to a committee established by the Council; or (c) to a person for the time being holding or acting in a particular office or position; or (d) to any other person or body. (2) A delegation under this section is revocable at will and does not derogate from the power of the Council to act itself in any matter. (3) The Council may not delegate the following powers or functions: (a) to confirm a provisional entry in the Register; (b) to decide not to confirm a provisional entry in the Register; (c) to remove or alter an entry in the Register relating to a State Heritage Place under section 23. 9—Remuneration A member of the Council is entitled to such fees and allowances as may be determined by the Minister.