Subdiv 3Membership of boards

Subdivision 3—Membership of boards 15—Composition of boards (1) Subject to subsections (2) and (3) (and to the other provisions of this Act), a regional landscape board consists of— (a) 4 members appointed by the Minister; and (b) 3 members elected by eligible electors. (2) The Green Adelaide Board consists of at least 6 and not more than 10 members appointed by the Minister. (3) A regional landscape board (other than Green Adelaide) may consist of at least 5 and not more than 9 members, all appointed by the Minister, if the Minister considers that a board wholly constituted by appointed members is preferable to a board constituted with some elected members due to special circumstances applying in the relevant region. (4) Of the members of a regional landscape board that are to be appointed by the Minister under subsection (1)(a), (2) or (3), at least 1 must be a member or officer of a council at the time of the member's appointment unless— (a) the board's region does not include any part of the area of a council; or (b) the Minister cannot, after taking reasonable steps, find a member or officer of a council who— (i) in the opinion of the Minister, is suitable to be appointed as a member of the board; or (ii) is willing and available to be a member of the board. (5) Before appointing a person or persons under subsection (1)(a), (2) or (3), the Minister must give each peak body notice of the fact that an appointment or appointments are to be made and give consideration to any submission made by any such body within a period (of at least 21 days) specified by the Minister. (6) At least 1 member of a regional landscape board must be a woman and at least 1 member must be a man. (7) The Minister must appoint a suitable member of a regional landscape board to be the presiding member of the board (and may from time to time revoke any such appointment and make a new appointment in the Minister's absolute discretion). (8) The Minister may appoint a suitable person to be the deputy of a member of a regional landscape board (and a person may be appointed as a deputy of more than 1 member). (9) A deputy may act as a member of a regional landscape board during any period of absence of the member in relation to whom the deputy has been appointed. (10) In the event of a vacancy in an office under subsection (1) (including on account of an insufficient number of members being elected to a regional landscape board under subsection (1)(b)), the Minister may appoint a suitable person to fill the vacancy. (11) A member who is filling a casual vacancy for an office that has been held by an elected member will be appointed for the balance of the term of that elected member. 16—Qualifications for membership (1) A regional landscape board must consist of persons who collectively have the knowledge, skills and experience necessary to enable the board to carry out its functions, including, so far as is reasonably practicable, knowledge, skills and experience across the following areas: (a) community affairs at the regional level; (b) primary production or pastoral land management; (c) soil conservation and land management; (d) conservation and biodiversity management; (e) water resources management; (f) business management; (g) local government or local government administration; (h) urban or regional planning; (i) Aboriginal interest in the land and water, and Aboriginal heritage; (j) pest animal and plant control; (k) natural and social science; (l) if relevant—coast, estuarine and marine management, fisheries or aquaculture. (2) In connection with subsection (1), a prospective member of a regional landscape board— (a) must demonstrate that they have any skills, qualifications, knowledge or experience referred to in subsection (1) (and the Minister must put in place processes to ensure, so far as is reasonably practicable, that members of regional landscape boards have those skills, qualifications, knowledge or experience); and (b) must satisfy any other requirements determined by the Minister in order to be eligible for appointment or election as a member of a regional landscape board under this Act. (3) The Minister should publish information about any determinations or processes applying under subsection (2)(b) (in such manner as the Minister thinks fit). 17—Board elections (1) Without limiting section 16, if a candidate nominated for election as a member of a regional landscape board in accordance with the regulations under subsection (2) does not have, in the opinion of the Minister, the necessary skills, qualifications, knowledge and experience, the Minister may determine that the person is ineligible to stand for election as a member of the board (and any such determination will have effect according to its terms). (2) The regulations may provide for a variety of matters relating to the nomination and election of members of regional landscape boards under section 15(1)(b), including by prescribing— (a) provisions for determining who will be recognised as eligible electors for the purposes of an election; and (b) subject to subsection (1), provisions for determining who is eligible to be nominated as a candidate for election as a member of a regional landscape board; and (c) provisions for setting dates for— (i) the close of nominations of candidates for the purposes of an election; and (ii) the opening and closing of voting for the purposes of an election; and (d) the procedures for the conduct of an election (which may include processes based on eligible electors only receiving voting papers or otherwise voting in an election if they have indicated an interest in participating in the election, and procedures for postal voting or electronic voting using the internet); and (e) the method of voting and procedures for the counting of votes; and (f) procedures for the declaration of successful candidates. (3) In connection with the operation of subsection (2)— (a) to the extent that the region of a regional landscape board is within the area of a council— (i) a person who is enrolled on the voters roll for the area of that council under the Local Government (Elections) Act 1999 on a date fixed or determined under the regulations will be an eligible elector for the purposes of a particular election; and (ii) the eligibility of a person to be nominated as a candidate for election as a member of a regional landscape board will be based on eligibility to be a candidate for election as a member of the council under section 17(1)(a)(i) and (b), and (3)(a), (b) and (c) of the Local Government (Elections) Act 1999 on a date fixed or determined under the regulations; and (b) to the extent that the region of a regional landscape board is outside the area of a council— (i) the recognition of persons as eligible electors will be determined under a scheme based on qualification for enrollment under section 14 of the Local Government (Elections) Act 1999 as if the relevant area were within the area of a council, with that section applying with any modifications prescribed by the regulations (including as to who will be taken to be the chief executive officer for the purposes of that section as applying under this Act); and (ii) the eligibility of a person to be nominated as a candidate for election as a member of a regional landscape board will be determined under a scheme based on eligibility to be a candidate for election as a member of the council under section 17(1)(a)(i) and (b), and (3)(a), (b) and (c) of the Local Government (Elections) Act 1999 as if the relevant area were within the area of a council, with that section applying with any modifications prescribed by the regulations. (4) In connection with the operation of subsection (3)— (a) for the purposes of any election that relates to the area of a council, the council must provide, in accordance with the regulations, an up‑to‑date copy of the voters roll for the area of the council to the person who will be conducting the election by a date fixed or determined under the regulations; and (b) for the purposes of any election that relates to an area outside the area of a council, the Electoral Commissioner must provide, in accordance with the regulations, an up‑to‑date extract from the voters roll for the House of Assembly that relates to the area to the person who will be conducting the election by a date fixed or determined under the regulations. (5) The relevant regional landscape board is liable to pay— (a) for subsection (4)(a)—a fee, determined by the Minister after consultation with the LGA, to a council in connection with the council providing a copy of a voters roll; and (b) for subsection (4)(b)—a fee, determined by the Minister after consultation with the Electoral Commissioner, to the Electoral Commission in connection with the Electoral Commissioner providing an extract of the voters roll for the House of Assembly. (6) Subsection (3)(a)(ii) and (b)(ii) operate subject to section 16 and to subsection (1) of this section. (7) If— (a) a council is constituted by an administrator or administrators (whether under the Local Government Act 1999 or any other Act) at the time that the processes for the conduct of an election are commenced (being at a date determined by the Minister for the purposes of this subsection); and (b) the Minister determines, by notice in the Gazette, that this subsection should apply for the purposes of the election (on the ground that it is not practicable or appropriate to use the council's voters roll for the purposes of the election), subsections (3), (4) and (5) will apply as if the council did not exist (and as if the area in relation to which the council is constituted were an area outside the area of a council). (8) A person elected to be a member of a regional landscape board will take office on a day determined by or under the regulations. (9) The Minister will appoint a person to conduct an election, or elections, for the purposes of this Part (and may from time to time revoke any such appointment and make a new appointment as the Minister thinks fit). 18—Conditions of membership (1) A member of a regional landscape board will hold office on conditions determined by the Minister. (2) The term of office of a member of a regional landscape board (other than the Green Adelaide Board) will be— (a) in the case of an appointed member (other than in a case where section 15(11) applies)—a period not exceeding 4 years specified in the instrument of appointment; and (b) in the case of an elected member—a period of 4 years from the date on which the member takes office, as determined by or under the regulations (unless the office becomes vacant under subsection (6)). (3) The term of office of a member of the Green Adelaide Board is a term not exceeding 3 years specified in the instrument of appointment. (4) A member of a regional landscape board is, at the expiration of a term of office, eligible for reappointment or re‑election (as the case may be). (5) The Minister may remove a member of a regional landscape board from office— (a) for breach of, or non-compliance with, a condition of appointment; or (b) for mental or physical incapacity to carry out duties of office satisfactorily; or (c) for failing to discharge a responsibility under this Act, or for failing to work constructively in the performance of the member's functions or duties under this Act; or (d) for dishonourable conduct; or (e) if serious irregularities have occurred in the conduct of the board's affairs or the board has failed to carry out its functions satisfactorily and the Minister considers that the board should be reconstituted for that reason. (6) The office of a member of a regional landscape board becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice addressed to the Minister; or (d) is found guilty of an indictable offence; or (e) becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or (f) is removed from office by the Minister under subsection (5). (7) This section does not limit the operation of section 43. 19—Allowances and expenses A member of a regional landscape board is entitled to fees, allowances and expenses determined or approved by the Minister. 20—Validity of acts An act or proceeding of a regional landscape board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 21—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of a regional landscape board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that— (a) the member has an interest in a matter that is shared in common with persons in the region for which the board is established generally, or in common with a substantial group of persons who have an interest in the administration of 1 or more aspects of this Act; or (b) the member has an interest in a matter as a member or officer of a constituent council or council subsidiary that has an interest in the matter.