Div 2The Parks and Wilderness Council

Division 2—The Parks and Wilderness Council 15—Establishment and membership of Council (1) The Parks and Wilderness Council is established. (2) The Council consists of the Director and 8 other members appointed by the Minister being persons who collectively have, in the opinion of the Minister, the knowledge, skills and experience in the following areas necessary to enable the Council to carry out its functions effectively: (a) the establishment and management of reserves, wilderness protection areas and wilderness protection zones; (b) the conservation of animals, plants and ecosystems; (c) the conservation of the marine environment; (d) a scientific field relevant to the conservation of ecosystems and the relationship of wildlife with its environment; (e) Aboriginal culture and traditional associations with land; (f) community engagement and community partnerships; (g) tourism and recreational use of reserves. (3) At least 2 of the members of the Council must be men and 2 must be women. (4) 1 of the members of the Council appointed by the Minister will be appointed as the presiding member of the Council. 16—Terms and conditions of membership (1) A member appointed by the Minister will be appointed on conditions determined by the Minister and for a term, not exceeding 3 years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment. (2) The Minister may remove an appointed member from office— (a) for breach of, or non‑compliance with, a condition of appointment; (b) for misconduct; or (c) for failure or incapacity to carry out the duties of his or her office satisfactorily. (3) The office of an appointed member 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 under subsection (2). (4) If the office of an appointed member of the Council becomes vacant a person must be appointed by the Minister in accordance with section 15 to the vacant office. 17—Remuneration A member of the Council is entitled to remuneration, allowances and expenses determined by the Minister. 18—Vacancies or defects in appointment of members An act of the Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 19—Direction and control of Minister The Council is subject to the direction and control of the Minister. 19A—Proceedings of Council (1) 5 of the members of the Council constitute a quorum of the Council and no business may be conducted by the Council unless a quorum is present. (2) The Director may nominate a person to attend and vote at a meeting of the Council on his or her behalf. (3) The presiding member will preside at each meeting of the Council at which he or she is present. (4) If the presiding member is absent, a member chosen by the members present will preside at the meeting. (5) A decision carried by a majority of the votes cast by members at a meeting is a decision of the Council. (6) Each member present at a meeting of the Council has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (7) A conference by telephone or other electronic means between members 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 that purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (8) A proposed resolution of the Council 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 in accordance with procedures determined by the Council; and (b) a majority of the members express their concurrence in the proposed resolution by letter, email, telex, facsimile transmission or other written communication setting out the terms of the resolution. (9) The Council must cause accurate minutes to be kept of its proceedings. (10) Subject to this Act, the Council may determine its own procedures. 19B—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of the Council 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 the member has an interest in a matter that is shared in common with those engaged in or associated with ecologically‑based tourism generally, or a substantial section of those engaged in or associated with ecologically‑based tourism. 19C—Functions of Council (1) The functions of the Council are— (a) to provide advice to the Minister at the Minister's request on any matter relating to the administration of— (i) this Act; and (ii) the Adelaide Dolphin Sanctuary Act 2005; and (iii) the Marine Parks Act 2007; and (iv) the Wilderness Protection Act 1992; and (b) such functions as may be conferred under this Act or any other Act. (2) Without limiting subsection (1)(a)(i), the Council may advise the Minister on the following matters relating to the administration of this Act: (a) planning in relation to the management of reserves; (b) the conservation of wildlife; (c) funding (including matters relating to sponsorship) and the development and marketing of commercial activities; (d) community participation in the management of reserves and the conservation of wildlife; (e) the development of policy; (f) existing or proposed national or international agreements relating to the conservation of animals, plants and ecosystems; (g) the promotion (including public education) of the conservation of wildlife and other natural resources; (h) the Council's assessment of the performance of the Department in administering the Acts referred to in subsection (1)(a); (i) any other matter referred to the Council by the Minister or on which the Council believes it should advise the Minister. 19D—Annual report (1) The Council must, on or before 30 September in each year, prepare and deliver to the Minister a report on its operations during the preceding financial year. (2) The Minister must, within 12 sitting days after receiving a report, cause copies of the report to be laid before both Houses of Parliament.