Subdiv 3Co‑management Boards

Subdivision 3—Co‑management Boards 43G—Establishment of co‑management boards by regulation (1) The Governor may, by regulation, establish a co‑management board for 1 or more co-managed parks. (2) Subject to this section, regulations establishing a co‑management board— (a) must not be inconsistent with the co‑management agreement for each co‑managed park to be under the control and management of the board; and (b) must name the board; and (c) must provide for the appointment, term and conditions of office and removal of the members of the board; and (d) must provide for the procedures governing the board's proceedings; and (e) may limit the powers and functions of the board; and (f) may provide for delegation by the board; and (g) may provide for the remuneration of members; and (h) may require reporting by the board to the Minister; and (i) may make any other provision (not inconsistent with this Act) that is necessary or expedient for the purposes of this Act. (3) The regulations establishing a co‑management board for a co‑managed park constituted of Aboriginal‑owned land must (in addition to providing for the matters required under subsection (2)) provide for— (a) the co‑management board to have a majority of members who are members of the relevant Aboriginal group; and (b) the co‑management board to be chaired by a person nominated by the registered proprietor of the land constituting the co‑managed park; and (c) the quorum of the co‑management board to have a majority of members who are members of the relevant Aboriginal group. (4) If a co‑management board has been established but appointments of members to the board, at any time, are not sufficient for the board to constitute a quorum at a meeting of the board, the Director has the functions and powers of the board, subject to the regulations, until the relevant appointments are made. (5) If a regulation establishing a co‑management board for a co‑managed park is disallowed by either House of Parliament— (a) the Director will have the functions and powers of the board until a new board is established for the park; and (b) the assets and liabilities of the board will be dealt with in accordance with the directions of the Minister. 43H—Corporate nature of co‑management board (1) A co‑management board established under this Division— (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) has all the powers of a natural person that are capable of being exercised by a body corporate; 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 the co‑management board, it will be presumed, in the absence of proof to the contrary, that the common seal of the co‑management board was duly fixed to the document. 43I—Dissolution or suspension of co‑management boards (1) Subject to this section, the Governor may, by regulation, dissolve or suspend a co‑management board established under this Division. (2) A co‑management board must not be dissolved under this section unless— (a) each co‑managed park under the control and management of the board is abolished; or (b) the co‑management agreement for each co‑managed park under the control and management of the board is terminated. (3) A co-management board must not be suspended under this section unless the Minister is satisfied that such action is warranted due to continuing failure by the board properly to discharge its responsibilities. (4) On dissolution and during any suspension of a co‑management board under this section, any assets and liabilities of the board will be dealt with or disposed of in accordance with the directions of the Minister.