Part 6Statutory funds

Part 6—Statutory funds Division 1—The Landscape Administration Fund 90—The Landscape Administration Fund (1) There will be a fund kept in a separate account at the Treasury to be called the Landscape Administration Fund. (2) The Landscape Administration Fund will consist of— (a) any money provided by Parliament for the purposes of the fund; and (b) grants, gifts and loans made to the Minister for payment into the fund; and (c) any income arising from the investment of the fund under subsection (3); and (d) money paid by a regional landscape board that is the repayment of a loan or other form of financial accommodation that has been financed by money drawn from the fund; and (e) the prescribed percentage of fees (other than expiation fees) paid under this Act; and (f) expiation fees and the prescribed percentage of penalties recovered in respect of offences against this Act; and (g) all other money that is required or authorised by or under this Act or any other law to be paid into the fund. (3) Any money in the Landscape Administration Fund that is not for the time being required for the purposes of this Act may be invested by the Minister after consultation with the Treasurer. (4) The Minister may apply any part of the Landscape Administration Fund— (a) in making payments to regional landscape boards; or (b) in making grants or other payments to other persons or bodies for the purposes of this Act; or (c) in satisfying any requirements to use levies for a particular purpose; or (d) in refunding a levy under Part 5; or (e) in paying any amount into the Landscape Priorities Fund that the Minister determines should be held and applied for the purposes of that fund rather than under this section (and any such determination will have effect according to its terms); or (f) for any other purpose to further the objects of this Act or to support the operation or administration of this Act; or (g) in making any other payment required or authorised by or under this Act or any other law. 91—Accounts The Minister must cause proper accounts to be kept of money paid to and from the Landscape Administration Fund. 92—Audit The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Landscape Administration Fund. Division 2—The Landscape Priorities Fund 93—The Landscape Priorities Fund (1) There will be a fund kept in a separate account at the Treasury to be called the Landscape Priorities Fund. (2) The Landscape Priorities Fund will consist of— (a) any money provided by Parliament for the purposes of the fund; and (b) grants, gifts and loans made to the Minister for payment into the fund; and (c) any income arising from the investment of the fund under subsection (4); and (d) the designated percentage of contributions received by the Green Adelaide Board under Part 5 Division 1 Subdivision 1; and (e) the designated percentage of the amount that would otherwise be payable to the Green Adelaide Board under section 89(1)(a)(ii)(A); and (f) any money that the Minister pays into the fund from the Landscape Administration Fund; and (g) any other money that the Minister determines should be held and applied for the purposes of the fund (and any such determination will have effect according to its terms); and (h) all other money that is required or authorised by or under this Act or any other law to be paid into the fund. (3) For the purposes of subsection (2)(d) and (e), the Minister may from time to time, by notice in the Gazette, designate a percentage for each (or either) of those provisions. (4) Any money in the Landscape Priorities Fund that is not for the time being required for the purposes of this Act may be invested by the Minister after consultation with the Treasurer. (5) The Minister may apply any part of the Landscape Priorities Fund— (a) in addressing any priority for managing, improving or enhancing the State's landscape or natural resources, whether the priority is of sub-regional, regional, cross-regional or State wide significance; or (b) in making any other payment required or authorised by or under this Act or any other law. (6) The Minister must, in acting under subsection (5), take into account any principles relating to the use of the fund set out in the State Landscape Strategy. (7) For the purposes of subsection (5)(a), the Minister may establish criteria and processes associated with— (a) receiving and assessing applications for funding to address those priorities; and (b) making grants or other payments to bodies, organisations, groups or persons who may undertake activities to address those priorities. (8) The Minister may, in acting under subsection (7), make grants or provide financial assistance on such conditions as the Minister thinks fit. 94—Accounts The Minister must cause proper accounts to be kept of money paid into and from the Landscape Priorities Fund. 95—Audit The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Landscape Priorities Fund. Division 3—Regional landscape board funds 96—Regional landscape board funds (1) Each regional landscape board must establish, maintain and administer a fund to be called by a distinctive name and to be managed in accordance with any relevant requirements of the Public Finance and Audit Act 1987. (2) The fund of a regional landscape board will consist of— (a) any money received by the board from the Minister; and (b) any money received by the board under this Act; and (c) any income arising from the investment of the fund under subsection (3); and (d) other money received by the board in the performance of its functions or the exercise of its powers under this Act; and (e) all other money that is required or authorised by or under this Act or any other law to be paid into the fund. (3) Any money in the fund of a regional landscape board that is not for the time being required for the purposes of this Act may, with the consent of the Minister, be invested by the board in accordance with the usual requirements that apply with respect to the investment of trust funds. (4) A regional landscape board may apply any part of its fund— (a) in implementing its regional landscape plan or annual business plan, or any water allocation plan, in initiating or supporting other programs and projects under this Act, and in performing its other functions; or (b) in defraying any expenses incurred by the board in the administration of any part of this Act; or (c) in providing financial assistance to other bodies or persons in accordance with this Act; or (d) without limiting paragraph (c), in acting under section 27 or 28; or (e) in refunding a levy under Part 5 (as necessary); or (f) in making any other payment required or authorised by or under this Act or any other law.