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Landscape South Australia Act 2019
Subdiv 2Establishment of regional landscape boards
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Subdivision 2—Establishment of regional landscape boards
13—Establishment of boards
(1) The Minister must, by notice in the Gazette, establish a regional landscape board for each landscape management region (other than for Green Adelaide).
(2) A notice under subsection (1) must—
(a) identify the region in relation to which the regional landscape board is established; and
(b) assign a distinctive name to the regional landscape board; and
(c) set out functions of the regional landscape board (if any) that are additional to the functions prescribed by this Act.
(3) The Minister may, by subsequent notice in the Gazette—
(a) vary a notice under this section (including by making a variation to the functions of the regional landscape board under subsection (2)(c));
(b) abolish a regional landscape board (on the basis that the relevant region is being abolished under Subdivision 1).
(4) A notice relating to a regional landscape board under subsection (3) may provide for any transitional or consequential matter, including—
(a) by providing that the property, assets, rights or liabilities of the board will vest in or attach to—
(i) the Crown; or
(ii) a Minister; or
(iii) another body established under this Act; or
(iv) any other agency or instrumentality of the Crown; or
(v) with the agreement of the relevant person or body, a person or body specified in the notice; and
(b) by making provision with respect to any relevant regional landscape plan, water allocation plan, landscapes affecting activities control policy or water affecting activities control policy,
(and any such notice will have effect according to its terms and despite any other provision of this or any other Act, or any law, agreement or arrangement).
(5) The Minister must, before publishing a notice under subsection (3), give each peak body notice of the Minister's intention to publish a notice under that subsection and give consideration to any submission made by any peak body within a period (being at least 21 days) specified in the notice.
(6) In relation to Green Adelaide—
(a) the regional landscape board is established by force of this subsection; and
(b) the name of the board is Green Adelaide Board; and
(c) the Minister may, by notice in the Gazette, set out functions of the Green Adelaide Board (if any) that are additional to the functions prescribed by this Act.
14—Corporate nature
(1) A regional landscape board—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) can sue and be sued in its corporate name; and
(d) is an instrumentality of the Crown and holds its property on behalf of the Crown; and
(e) has the functions and powers assigned or conferred by or under this or any other Act.
(2) If a document appears to bear the common seal of a regional landscape board, it will be presumed, in the absence of proof to the contrary, that the common seal of the regional landscape board was duly fixed to the document.
(3) A regional landscape board is subject to the direction and control of the Minister.