National Parks and Wildlife (Co-management Boards) Regulations 2016 (South Australia)

These regulations establish and continue co‑management boards for specified South Australian national and conservation parks, setting who sits on each board, how members are appointed or removed, meeting/quorum and decision rules, delegation powers, conflict‑of‑interest duties (with penalties), remuneration for non‑public members (r13) and annual reporting (r23). The Minister retains decisive powers over appointments, removals, deadlocks and directions to boards (rr12,16).

The instrument consolidates earlier park‑specific regulations and records transitional arrangements preserving existing appointments and delegations (Schedule 1). Who pays: non‑public appointees receive Minister‑determined pay; key levers are Ministerial discretion and delegation (rr16,19,20).

These regulations establish and set out the membership, procedures, powers, accountability and transitional arrangements for specified co‑management boards under the National Parks and Wildlife Act 1972 (the Act). They: (a) create or continue specific named co‑management boards for particular national parks and conservation parks (see regs 3A, 4-10); (b) prescribe who may nominate and who must be appointed to those boards, including the number of Indigenous nominees, Departmental officers and a Minister‑nominated member for each board (see regs 3A(2), 4(2), 5(2), 6(2), 7(2), 8(2), 9(2), 10(2)); (c) set minimum governance rules for board composition, quorum, meeting frequency, minutes and voting (see regs 11, 16(1)-(5), 16(11)); (d) provide for deputies, terms and conditions of appointment, removal, remuneration and gender balance (see regs 12-14, 11); (e) allocate functional powers, contract capacity and delegation rules to boards, including an expanded delegation regime for the Ikara‑Flinders Ranges Board (see regs 15, 19, 20); (f) impose conflict of interest rules with criminal and civil consequences (see reg 17); and (g) supply reporting requirements and transitional arrangements for revoked prior boards and delegations (see reg 23; Schedule 1 Parts 1-2).

Mechanically, the instrument fixes the membership mix for each board, requires that boards perform functions in a manner consistent with their co‑management agreement (reg 15(4)), empowers boards to contract (reg 15(3)), and authorises boards to delegate functions in writing (reg 19). It also creates mechanisms for Ministerial intervention: unresolved board questions are referred to the Minister (reg 16(6)-(8)), the Minister may call meetings and direct attendance (reg 21), and if a board is suspended under s 43I of the Act the park falls under Ministerial control and Director management (reg 22). The regulations also revoke a set of earlier, park‑specific regulations and preserve existing appointments and delegations in transitional provisions (Schedule 1).

The instrument therefore transforms a mixture of bespoke, park‑by‑park subordinate instruments into a single consolidated regulatory framework that ties board composition to specific native title determinations and named Aboriginal corporations, while embedding procedural detail about how co‑management boards make decisions, delegate, report and are held to account.

Several recurring legal concepts structure these regulations.

Nominating bodies and native title linkage. The regulations link board membership to specific Aboriginal corporations and native title claim/determination groups. Definitions in reg 3 identify “Adnyamathanha person”, “Antakirinja Matuntjara Yankunytjatjara person”, “Gawler Ranges person”, “Narungga Nation person”, “Far West Coast person”, “Lower Southern Arrernte person”, and “Wangkangurru person” by reference to native title determinations and claims and identify prescribed nominating bodies (for example ATLA, AMYAC, GRAC, NNAC, MACAI, FWCAC, IAC). Those definitions directly determine who the nominating bodies must nominate for seats on particular boards (see regs 3 interpretation; regs 3A, 4-10).

Composition and mandatory mixes. Each board has a specified number of members appointed by the Minister and a required internal mix: a set number of Indigenous nominees (by reference to the nominating body), a set number of Departmental officers or Public Service nominees, and typically one Minister‑nominated member with relevant qualifications or experience (see regs 3A(2), 4(2), 5(2), 6(2), 7(2), 8(2), 9(2), 10(2)). Where a nominating body fails or refuses to nominate, the Minister may appoint a suitable person of that Indigenous group (see, for example, regs 3A(3), 4(3), 5(3), 6(3), 7(3), 8(3), 9(3), 10(3)).

Governance rules and quorum. Boards must meet at least twice per financial year (reg 16(1)); keep accurate minutes (reg 16(11)); may decide by majority (reg 16(4)-(5)); and must maintain quorums whose composition is specified so that both Indigenous membership and Departmental/nominated membership are represented at quorum (reg 16(2)). Importantly, some quorums insist on a minimum number of Indigenous members and ministers/Department members simultaneously.

Delegation and contract capacity. Boards may do anything incidental to their functions and may enter contracts (reg 15(2)-(3)). Boards may delegate functions in writing to board members, the Minister, Department officers and, for Kanku‑Breakaways, the District Council of Coober Pedy or its employees (reg 19(1)). Delegations may be conditional, revocable at will and further delegable if the instrument so provides (reg 19(2)-(3)). The Ikara‑Flinders Ranges Board has additional, special delegation rules tied to its co‑management agreement, including delegations that are not revocable by the board and others that are revocable only on specific defined triggers (reg 20).

Conflict of interest and accountability. A member with a direct or indirect personal or pecuniary interest must disclose in writing, abstain from discussion and voting, and be absent during discussion (reg 17(1)). Failure to comply attracts a maximum fine of $2,000 and may be grounds for removal; the Minister may Gazette conditional exemptions; and courts may order disgorgement of profits and compensation where applicable (reg 17(1), (3)-(6)).

These regulations affect multiple identifiable categories of actors; who pays, who decides, and who must change behaviour emerge from the text.

Nominating bodies and Indigenous communities. Named Aboriginal corporations and representative bodies (NNAC, ATLA, AMYAC, GRAC, MACAI, IAC, FWCAC) are expressly given the right to nominate board members for specific parks (reg 3 definitions and regs 3A, 4-10). Individuals who are members of the native title groups described in reg 3 are the pool from which the nominating bodies will choose nominees. Where a nominating body fails or refuses to nominate, the Minister may appoint a suitable person of that group (see, for example, reg 3A(3)). The nominating bodies therefore bear an active practical role in providing candidates and may be consulted before removal of nominated members (reg 12(3)).

Departmental officers and the Director. A number of board seats are reserved for officers of the Department (or another administrative unit of the Public Service) nominated by the Director (for example regs 3A(2)(b), 6(2)(b), 16(2) quorum requirements). Those officers will continue to be Public Service employees and are not entitled to remuneration under reg 13. The Director also has operational roles: during board suspension the Director is charged with park management under the Minister’s control (reg 22), and the Director nominates Departmental officers to boards.

Minister and Minister’s delegates. The Minister appoints members, including Minister‑nominated experts, appoints chairpersons and deputy chairpersons (reg 14), determines terms and conditions and may remove members for cause (reg 12). The Minister may call meetings, direct attendance (reg 21), decide unresolved matters referred by a board (reg 16(6)-(8)) and, in a period of suspension under s 43I of the Act, take control of the park (reg 22). Boards may delegate to the Minister (reg 19(1)(ab)), and for Ikara‑Flinders special delegations to the Minister or a Minister‑nominated person are spelled out (reg 20).

Local government and other public bodies. The District Council of Coober Pedy is a named nominator for two positions on the Kanku‑Breakaways Board and may receive delegated functions from that board (reg 5(2)(b), reg 19(1)(c) note). The Corporations (Aboriginal and Torres Strait Islander) Act 2006 is referenced to identify the corporate form of several nominating bodies (reg 3 definitions).

Board members and deputies. Individual members and their deputies (appointed by the Minister) are affected by appointment terms (reg 12), requirements for gender balance (reg 11), conflict of interest duties and penalties (reg 17), meeting frequency and quorum rules (reg 16), and entitlement to remuneration (reg 13) if they are not Department officers or Public Service members.

This instrument prescribes concrete duties, rights and decision paths for boards and their members.

Duties to perform or implement functions. A board’s principal duty is to carry out the functions assigned to it under the Act, its co‑management agreement or by the Minister (reg 15(1)). A board must perform its functions and exercise powers consistently with the co‑management agreement (reg 15(4)). Where a board is unable to resolve a question it must refer the question to the Minister (reg 16(6)); the Minister’s decision is taken to be a decision of the board (reg 16(6)) and the Minister may direct implementation (reg 16(8)).

Meeting and recordkeeping duties. Boards must meet at least twice per financial year (reg 16(1)), and accurate minutes must be kept (reg 16(11)). Decision‑making is by majority of votes of members present (reg 16(4)-(5)). Boards may adopt their own procedures subject to the regulations (reg 16(12)).

Quorum composition duty. Each board must respect a regulated quorum composition that protects the presence of Indigenous nominees and Departmental/Minister‑nominated members simultaneously (reg 16(2)). If a co‑management board is unable to constitute a quorum for Ngaut Ngaut, the Director manages the park (reg 7(4)).

Conflict of interest duties. Members with a direct or indirect personal or pecuniary interest must disclose in writing as soon as reasonably practicable, refrain from discussion and voting, and be absent from the meeting room during the matter (reg 17(1)). The regulation creates an exception where the interest is shared in common with traditional owners generally or a substantial section (reg 17(2)(a)). The member bears the burden of proving unawareness where the member claims they did not know of an interest (reg 17(2)(b)).

Appointment, term and removal rights and duties. Members are appointed by the Minister for terms not exceeding four years and may be reappointed (reg 12(1)). The Minister may remove members for non‑compliance, misconduct, or incapacity, but must consult the nominating body before removing a member who was nominated by that body (reg 12(2)-(3)). Deputies may be appointed and must meet the same requirements that apply to the primary member (see each board regulation).

Delegation rights. Boards have power to delegate functions and powers (excluding power of delegation itself in some contexts) to specified persons and bodies including the Minister and Departmental officers (reg 19(1)). Delegations must be in writing, can be conditional and are revocable at will unless otherwise provided (reg 19(2)). Delegated functions may be further delegated if the instrument permits (reg 19(3)).

The regulations create a specific enforcement framework focused primarily on conflicts of interest, complemented by administrative remedies and Ministerial controls.

Criminal penalty for conflict of interest. Regulation 17(1) establishes criminal prohibitions for a member who does not comply with the disclosure, non‑participation and absence requirements. The regulation prescribes a maximum penalty of $2,000. The text does not detail the prosecuting agency or procedural mechanisms for bringing proceedings, but the stated maximum fine defines the criminal sanction available for breaches of the disclosure/participation duty.

Civil and remedial remedies. Beyond the fine, regs 17(5)-(6) provide for disgorgement and compensation: if a member or former member is convicted of the offence, the court may order payment to the Minister of an amount equal to any profit made and compensation for any loss or damage suffered (reg 17(5)). Separately, whether or not criminal proceedings are brought, the Minister may recover profits and compensation by action in a court of competent jurisdiction (reg 17(6)). These provisions create both criminal and civil consequences for the same conduct and give the Minister a civil enforcement path independent of criminal conviction.

Administrative removal and discretionary sanctions. Regulation 12(2) lists removal grounds (breach or non‑compliance with appointment conditions, misconduct, failure or incapacity to perform duties). Regulation 17(4) expressly makes non‑compliance with the conflict of interest duties a ground for removal. The Minister must consult the nominating body before removing a member who was nominated by it (reg 12(3)), creating a procedural check on removals of nominated members.

Ministerial decision as final board decision. Where boards cannot reach a decision, the matter is referred to the Minister and the Minister’s decision is taken to be a decision of the board (reg 16(6)). The Minister may direct the board to implement a decision (reg 16(8)). These provisions concentrate final decision‑making power in the Minister on deadlocked items and create a mechanism for central enforcement of outcomes.

Ministerial meeting powers and compulsion to attend. The Minister may call meetings under specific circumstances (two successive inquorate meetings; failure of chair to call a meeting within set intervals) and may direct members to attend meetings called by the Minister (reg 21). Failure to attend a Minister‑called meeting can therefore attract administrative consequences, although the regulations do not specify a penalty for non‑attendance.

These regulations operate as subordinate legislation under the National Parks and Wildlife Act 1972 and interact with other identified statutes and instruments as follows.

Primary statutory framework: the Act. The regulations are made under the Act and repeatedly reference specific sections of the Act. For example, reg 22 operates in the context of a suspension under s 43I of the Act and requires the Minister and Director to endeavour to give effect to objects in s 43E during suspension. Reg 23 expressly operates “for the purposes of section 43L of the Act”, and requires annual report content including information relating to traditional hunting under s 68D of the Act. Reg 6 notes that the Lake Gairdner co‑management agreement was terminated under s 43F(5).

Native title and corporate law connections. The definitions in reg 3 tie who counts as an Adnyamathanha, Narungga Nation, Gawler Ranges person and others to particular native title determinations and native title claims made in the Federal Court of Australia (the regulations cite specific claim numbers and dates). Several nominating bodies are identified as corporations incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (the Commonwealth) (see reg 3 definitions identifying AMYAC, ATLA, FWCAC, GRAC, IAC, MACAI etc.). This means that the legal status and corporate governance of those bodies will be governed by the Commonwealth CATSIA regime, which affects their capacity to nominate and hold funds or contracts.

Delegation and Acts Interpretation Act linkage. Schedule 1(5) preserves delegations made under revoked regulations “without limiting section 15 of the Acts Interpretation Act 1915” so the Acts Interpretation Act informs the continued legal effect of delegated powers carried forward from prior subordinate legislation.

Co‑management agreements and leases. The regulations require boards to act consistently with the relevant co‑management agreement (reg 15(4)). Reg 20 defines Contract for Services Agreement, Lease and Resort Term by reference to the Ikara co‑management agreement. The regulations therefore operate in a complementary fashion with privately negotiated or separately governed co‑management agreements that set out lease terms, resort management, or contract arrangements. Reg 20 imposes special rules on delegations consistent with those agreement provisions, including non‑revocable delegations tied to contractual events.

Local government law. The Kanku‑Breakaways Board contains seats nominated by the District Council of Coober Pedy and may delegate to the Council or its employees (reg 5(2)(b), reg 19(1)(c)). That creates an intersection with local government powers and statutes governing councils.

The legislative history in the instrument records the making, commencement and subsequent variations in a table and notes. Key entries and their effects as recorded in the text are:

Commencement and principal regulation. The National Parks and Wildlife (Co-management Boards) Regulations 2016 appear in the Legislative history with number 230, Gazette 22.9.2016 p3854, with r 2 commencing 22 January 2017 (Legislative history table).

2020 variation (No 290). A variation numbered 290/2020 commenced 5 November 2020 and introduced multiple changes: insertion of reg 3A (Dhilba Guuranda‑Innes National Park Co‑management Board) (see Provisions varied: r 3A inserted by 290/2020 r 6; effective 5.11.2020); insertion of definitions including NNAC and Narungga Nation person (see Provisions varied: r 3 varied by 290/2020 r 4(1)); variation of relevant co‑management agreement, board and nominating body definitions (r 3 varied by 290/2020 r 4(2)-(4)); and variation of reg 16(2) quorum provisions and r 19(1) delegations by 290/2020 (see Provisions varied: r 16(2) and r 19(1) varied by 290/2020 r 7 and r 8 respectively). The legislative history lists a historical version dated 5.11.2020 reflecting those changes.

2021 variation (No 187). A variation numbered 187/2021 commenced 16 December 2021 and added the Gawler Ranges Parks concept and the Gawler Ranges Parks Co‑management Board. The text records that r 3 (Interpretation) had Gawler Ranges Parks inserted (187/2021 r 4(1)), and consequential variations to relevant co‑management agreement, relevant co‑management board, relevant nominating body and relevant park definitions appear (187/2021 r 4(2)-(9)). Regulation 6(1) was substituted and r 6(1a) inserted to dissolve the Lake Gairdner National Park Co‑management Board and establish the Gawler Ranges Parks Co‑management Board (187/2021 r 5(1)). Regulation 16(2) was further varied by 187/2021 r 6(1), and r 6(2) deleted one subparagraph; r 19(1) was also varied (187/2021 r 5 and r 6 respectively).

Revocations effected. Schedule 1 Part 1 lists six earlier park‑specific regulations revoked by the principal 2016 regulations: Flinders Ranges 2011, Lake Gairdner 2013, Ngaut Ngaut 2014, Vulkathunha‑Gammon Ranges 2005, Witjira 2007, and Yumbarra 2015 (Schedule 1(1) and Legislative history).

Transitional continuity. Schedule 1 Part 2 places transitional provisions in force on commencement: references in contracts, leases and documents to revoked regulations are taken to be references to the new regulations (Schedule 1(3)); members holding office under revoked regulations immediately before commencement continue in office for the balance of their term (Schedule 1(4)); and delegations in force immediately before commencement continue as delegations under the new regulations (Schedule 1(5)).

The regulation text does not record any cases directly challenging these regulations. The instrument does, however, incorporate and rely on native title determinations made in the Federal Court of Australia by referencing those determinations in the interpretation definitions. The regulations name specific native title determinations and claims, with their SAD numbers and dates, for the purpose of defining who qualifies as a member of certain Indigenous groups:

Adnyamathanha No. 2 Native Title Claim SAD 6002/98 , determination dated 30 March 2009 (definition of Adnyamathanha person; reg 3).
Native Title Claim SAD 6007/98 , determination dated 11 May 2011 (definition of Antakirinja Matuntjara Yankunytjatjara person; reg 3).
Native Title Claim SAD 6008 of 1998 , determination dated 5 December 2013 (Far West Coast person; reg 3).
Native Title Claim SAD 6020/98 , determination dated 19 December 2011 (Gawler Ranges person; reg 3).
Wangkangurru/Yarlulandi SAD 6016/98 , referenced for Wangkangurru person (reg 3).
References to native title claim groups for Narungga Nations No 1 (SAD 62/2013) and other claims are included where relevant (reg 3).

The regulations do not list decisions of South Australian tribunals or courts about the operation of the co‑management boards; the Legislative history section provides administrative chronology rather than case law. The absence of litigation entries in the instrument means readers must consult public law databases and court records for any judicial review or other litigation concerning the regulations or decisions made under them.

Important procedural hooks that could be subject to litigation include: Ministerial appointment and removal decisions (reg 12), delegation instruments (reg 19 and reg 20 in relation to the Ikara board), the Minister’s role in deciding deadlocked matters (reg 16(6)-(8)), conflict of interest decisions and sanctioning (reg 17), and decisions about consistency with co‑management agreements (reg 15(4)). Any disputes touching on native title membership and nominating rights would also likely intersect with the Federal Court determinations referenced in reg 3.

For precise litigation history a practitioner should search case law databases for challenges to decisions under these regulations, judicial review applications concerning Ministerial action under regs 12, 16, 20 or 22, and disputes relating to delegations or co‑management agreement obligations. The regulations themselves do not catalogue such litigation.

The regulations include several specific technical traps and operational details that can catch boards, nominating bodies, Ministers and third parties if overlooked.

Quorum composition is prescriptive and non‑fungible. Regl 16(2) sets quorums that require concurrent presence of Indigenous nominees and Departmental/M inisterial nominees (for example, the Dhilba Guuranda‑Innes Board quorum requires six members, of whom at least three must be Narungga Nation people and at least three must be members appointed as officers of the Department or nominated by the Minister: reg 16(2)(a1)). Failure to account for the prescribed mix can render meetings inquorate even when numerically sufficient; Ngaut Ngaut has a low total membership but requires at least two MACAI members and at least two Minister/Departmental members at quorum (reg 16(2)(d)). For Ngaut Ngaut a failure to constitute quorum places the park under the Director’s management (reg 7(4)).

Ministerial fallback on deadlocks. If a board cannot decide a matter it must refer the question to the Minister and the Minister’s decision is the board’s decision (reg 16(6)). The Minister must have regard to written submissions from the relevant nominating body received within 30 days (reg 16(7)(a)) and specific regard to IAC submissions for Witjira (reg 16(7)(b)). Practically, boards that leave contentious matters unresolved cede final authority to the Minister, who also may direct implementation (reg 16(8)). Boards desirous of preserving decision autonomy should avoid referral.

Non‑revocable and conditional delegations for Ikara. The Ikara‑Flinders Ranges Board may make delegations that are not revocable and that may be conditional on events such as the expiry or cessation of a Lease or Contract for Services Agreement (reg 20(1)(a)-(b)). While such delegations create certainty for delegates and third parties, they also mean the board cannot exercise otherwise delegated powers while the delegation is in force (reg 20(1)(c)). Practitioners dealing with Ikara should map delegation instruments carefully and verify whether a delegation is revocable or tied to contractual triggers.

Minister may appoint where nominator fails. For every board the Minister has the power to appoint a suitable Indigenous person where the nominating body refuses or fails to nominate (see regs 3A(3), 4(3), 5(3), 6(3), 7(3), 8(3), 9(3), 10(3)). This avoids vacancies but can be politically sensitive and may prompt contestation by nominating bodies.

Gender balance is aspirational for some boards, mandatory minimum for others. Reg 11(a) states nominations and appointments should be made “as far as is reasonably practicable” to achieve gender balance, but reg 11(b) mandates at least one female and one male member on three specified boards. The “as far as is reasonably practicable” language can be operationally ambiguous in appointment rounds and may be invoked in disputes.

This section turns the regulatory text into concrete compliance steps for boards, nominating bodies, the Minister’s office and third parties.

Confirm membership eligibility and nomination pathways. Each nominating body should keep documented processes for nominating persons who meet the native title‑linked definitions in reg 3. When the Minister requests nominations, nominating bodies should provide nominees in time; if they do not the Minister may appoint a suitable Indigenous person (see regs 3A(3), 4(3), 5(3), 6(3), 7(3), 8(3), 9(3), 10(3)). Maintain a register mapping each board seat to the relevant nominating body and the qualification basis.
Ensure appointment instruments are properly drafted. The instrument of appointment must record term (not exceeding 4 years) and conditions determined by the Minister (reg 12(1)). Deputies must meet the same requirements as primary appointees (see individual board regulations). Keep a file of all appointment instruments.
Meet quorum and meeting frequency requirements. Boards must meet at least twice per financial year (reg 16(1)). For each meeting, verify quorum composition against reg 16(2) for the specific board; if the prescribed composition is not achievable, do not assume numerical quorum suffices. Record attendance and ensure minutes are accurately kept (reg 16(11)). Provide remote conferencing capacity in line with reg 16(9) and adopt written concurrence procedures under reg 16(10) for out‑of‑session resolutions.
Adopt robust conflict of interest processes. Implement a written conflict disclosure form, require written disclosure as soon as reasonably practicable, and ensure the member does not participate, vote or remain in the meeting room on the matter (reg 17(1)). Keep an exemption log for any Gazette exemptions obtained under reg 17(3). Maintain records that show how the board determined whether an interest was shared in common with traditional owners (reg 17(2)(a)), and preserve evidence if a member claims unawareness (reg 17(2)(b)).
Document delegations in writing and review their scope. All delegations must be in writing and specify any conditions or limitations (reg 19(2)). If delegating to the Minister or Department officer, ensure the instrument clarifies revocability and whether further delegation is permitted (reg 19(2)-(3)). For the Ikara‑Flinders Ranges Board, ensure delegations align precisely with the co‑management agreement and note whether a delegation is irrevocable until contractual triggers occur (reg 20).

South Australia National Parks and Wildlife (Co-management Boards) Regulations 2016 under the National Parks and Wildlife Act 1972

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Co-management boards 3A Dhilba Guuranda‑Innes National Park Co‑management Board 4 Ikara-Flinders Ranges National Park Co-management Board 5 Kanku-Breakaways Conservation Park Co-management Board 6 Gawler Ranges Parks Co-management Board 7 Ngaut Ngaut Conservation Park Co-management Board 8 Vulkathunha‑Gammon Ranges National Park Co-management Board 9 Witjira National Park Co-management Board 10 Yumbarra Conservation Park Co-management Board Part 3—Procedures of co-management boards 11 Gender balance 12 Terms and conditions 13 Remuneration 14 Chairperson and deputy chairperson 15 Functions and powers of co‑management boards 16 Procedures of co‑management boards 17 Conflict of interest 18 Vacancies or defects in appointment of members 19 Delegations 20 Additional delegations—Ikara-Flinders Ranges National Park Co-management Board 21 Minister may call meetings 22 Control and management of parks during suspension of co‑management board 23 Annual report Schedule 1—Revocations and transitional provisions Part 1—Revocation of regulations 1 Revocation of regulations Part 2—Transitional provisions 2 Interpretation 3 References 4 Membership of co-management boards 5 Delegations Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the National Parks and Wildlife (Co-management Boards) Regulations 2016. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the National Parks and Wildlife Act 1972; Adnyamathanha person means a member of the Native Title Holders as defined in the determination of native title made by the Federal Court of Australia in the Adnyamathanha No. 2 Native Title Claim SAD 6002/98 on 30 March 2009; AMYAC means the Antakirinja Matu‑Yankunytjatjara Aboriginal Corporation incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth; Antakirinja Matuntjara Yankunytjatjara person means a member of the Native Title Holders as defined in the determination of native title made by the Federal Court of Australia in Native Title Claim SAD 6007/98 on 11 May 2011; ATLA means the Adnyamathanha Traditional Lands Association (Aboriginal Corporation) RNTBC incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth; Far West Coast person means a member of the Native Title Holders as defined in the determination of native title made by the Federal Court of Australia in Native Title Claim SAD 6008 of 1998 on 5 December 2013; FWCAC means the Far West Coast Aboriginal Corporation incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth; Gawler Ranges Parks means the Gawler Ranges National Park and the Lake Gairdner National Park; Gawler Ranges person means a member of the Native Title Holders as defined in the determination of native title made by the Federal Court of Australia in Native Title Claim SAD 6020/98 on 19 December 2011; GRAC means the Gawler Ranges (Aboriginal Corporation) incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth; IAC means the Irrwanyere Aboriginal Corporation incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth; Lower Southern Arrernte person means a member of the native title claim group in the Eringa (SAD 6010/98), the Eringa No 2 (SAD 6002/99) or the Irranwanyere Mt Dare (SAD 66/05) native title claims; MACAI means the Mannum Aboriginal Community Association Incorporated; MACAI member means a person represented by Mannum Aboriginal Community Association Incorporated; Narungga Nation person means a member of the native title claim group in the Narungga Nations No 1 (SAD 62/2013) native title claim; NNAC means the Narungga Nation Aboriginal Corporation incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth; park means a conservation park or national park in relation to which a co-management board is continued under these regulations; relevant co-management agreement means— (a1) in relation to the Dhilba Guuranda‑Innes National Park—the co‑management agreement for that national park, as in force from time to time; (a) in relation to the Ikara-Flinders Ranges National Park—the co-management agreement for that national park, as in force from time to time; (ab) in relation to the Gawler Ranges Parks—the co‑management agreement for the Gawler Ranges Parks, as in force from time to time; (b) in relation to the Kanku-Breakaways Conservation Park—the co-management agreement for that conservation park, as in force from time to time; (d) in relation to the Ngaut Ngaut Conservation Park—the co-management agreement for that conservation park, as in force from time to time; (e) in relation to the Vulkathunha‑Gammon Ranges National Park—the co-management agreement for that national park, as in force from time to time; (f) in relation to the Witjira National Park—the co-management agreement for that national park, as in force from time to time; (g) in relation to the Yumbarra Conservation Park—the co-management agreement for that conservation park, as in force from time to time; relevant co-management board means— (a1) in relation to the Dhilba Guuranda‑Innes National Park—the Dhilba Guuranda‑Innes National Park Co‑management Board; (a) in relation to the Ikara-Flinders Ranges National Park—the Ikara-Flinders Ranges National Park Co-management Board; (ab) in relation to the Gawler Ranges Parks—the Gawler Ranges Parks Co‑management Board; (b) in relation to the Kanku-Breakaways Conservation Park—the Kanku-Breakaways Conservation Park Co-management Board; (d) in relation to the Ngaut Ngaut Conservation Park—the Ngaut Ngaut Conservation Park Co-management Board; (e) in relation to the Vulkathunha‑Gammon Ranges National Park—the Vulkathunha‑Gammon Ranges National Park Co-management Board; (f) in relation to the Witjira National Park—the Witjira National Park Co-management Board; (g) in relation to the Yumbarra Conservation Park—the Yumbarra Conservation Park Co-management Board; relevant nominating body means— (a1) in relation to the Dhilba Guuranda‑Innes National Park Co‑management Board—NNAC; (a) in relation to the Ikara-Flinders Ranges National Park Co-management Board—ATLA; (ab) in relation to the Gawler Ranges Parks—GRAC; (b) in relation to the Kanku-Breakaways Conservation Park Co-management Board—AMYAC; (d) in relation to the Ngaut Ngaut Conservation Park Co-management Board—MACAI; (e) in relation to the Vulkathunha‑Gammon Ranges National Park Co-management Board—ATLA; (f) in relation to the Witjira National Park Co-management Board—IAC; (g) in relation to the Yumbarra Conservation Park Co-management Board—FWCAC; relevant park means— (a1) in relation to the Dhilba Guuranda‑Innes National Park Co‑management Board—Dhilba Guuranda‑Innes National Park; (a) in relation to the Ikara-Flinders Ranges National Park Co-management Board—Ikara-Flinders Ranges National Park; (ab) in relation to the Gawler Ranges Parks—the Gawler Ranges National Park or the Lake Gairdner National Park (as the case requires); (b) in relation to the Kanku-Breakaways Conservation Park Co-management Board—Kanku-Breakaways Conservation Park; (d) in relation to the Ngaut Ngaut Conservation Park Co-management Board—Ngaut Ngaut Conservation Park; (e) in relation to the Vulkathunha‑Gammon Ranges National Park Co-management Board—Vulkathunha‑Gammon Ranges National Park; (f) in relation to the Witjira National Park Co-management Board—Witjira National Park; (g) in relation to the Yumbarra Conservation Park Co-management Board—Yumbarra Conservation Park; Wangkangurru person means a member of the native title claim group in the Wangkangurru/Yarlulandi (SAD 6016/98) native title claim. Part 2—Co-management boards 3A—Dhilba Guuranda‑Innes National Park Co‑management Board (1) The Dhilba Guuranda‑Innes National Park Co‑management Board is established as the co‑management board for the Dhilba Guuranda‑Innes National Park. (2) Subject to subregulation (3), the Dhilba Guuranda‑Innes National Park Co‑management Board consists of 8 members appointed by the Minister of whom— (a) 4 must be Narungga Nation people appointed on the nomination of NNAC; and (b) 3 must be officers of the Department, or of another administrative unit of the Public Service, nominated by the Director; and (c) 1 must be a person nominated by the Minister who has qualifications or experience that may, in the opinion of the Minister, be of benefit to the board. (3) If NNAC refuses or fails to nominate a Narungga Nation person in relation to a particular office under subregulation (2)(a) the Minister may appoint a suitable Narungga Nation person to fill the office. (4) The Minister may appoint a person to be a deputy of a member of the board appointed under subregulation (2) and a person so appointed may act as a member of the board in the absence of the member. (5) A requirement or qualification specified by this regulation in relation to an appointment of a member of the board extends to an appointment of a deputy of that member. 4—Ikara-Flinders Ranges National Park Co-management Board (1) The Ikara-Flinders Ranges National Park Co‑management Board continues as the co‑management board for the Ikara-Flinders Ranges National Park. Note— The Flinders Ranges National Park Co‑management Board was established as the co‑management board for the park by the National Parks and Wildlife (Flinders Ranges National Park) Regulations 2011—see Gazette 3.11.2011 p4414. The name of the park has been altered to Ikara-Flinders Ranges National Park—see Gazette 19.11.2015 p4980 and the name of the co-management board is altered accordingly. (2) Subject to subregulation (3), the Ikara-Flinders Ranges National Park Co-management Board consists of 8 members appointed by the Minister of whom— (a) 4 must be Adnyamathanha people appointed on the nomination of ATLA; and (b) 3 must be officers of the Department; and (c) 1 must be a person nominated by the Minister who has qualifications or experience that may, in the opinion of the Minister, be of benefit to the board. (3) If ATLA refuses or fails to nominate an Adnyamathanha person in relation to a particular office under subregulation (2)(a), the Minister may appoint a suitable Adnyamathanha person to fill the office. (4) The Minister may appoint a person to be a deputy of a member appointed under subregulation (2) and a person so appointed may act as a member of the board in the absence of the member. (5) A requirement or qualification specified by this regulation in relation to an appointment of a member extends to an appointment of a deputy of that member. 5—Kanku-Breakaways Conservation Park Co-management Board (1) The Kanku-Breakaways Conservation Park Co‑management Board continues as the co‑management board for the Kanku-Breakaways Conservation Park. Note— The Breakaways Conservation Park Co‑management Board was established as the co‑management board for the park by the National Parks and Wildlife (Breakaways Conservation Park) Regulations 2013—see Gazette 1.8.2013 p3401. The name of the park has been altered to Kanku-Breakaways Conservation Park—see Gazette 19.11.2015 p4979 and the name of the co-management board is altered accordingly. (2) Subject to subregulation (3), the Kanku-Breakaways Conservation Park Co-management Board consists of 7 members appointed by the Minister of whom— (a) 4 must be Antakirinja Matuntjara Yankunytjatjara people appointed on the nomination of AMYAC; and (b) 2 must be persons nominated by the District Council of Coober Pedy; and (c) 1 must be an officer of the Department. (3) If AMYAC refuses or fails to nominate an Antakirinja Matuntjara Yankunytjatjara person in relation to a particular office under subregulation (2)(a), the Minister may appoint a suitable Antakirinja Matuntjara Yankunytjatjara person to fill the office. (4) The Minister may appoint a person to be a deputy of a member appointed under subregulation (2) and a person so appointed may act as a member of the board in the absence of the member. (5) A requirement or qualification specified by this regulation in relation to an appointment of a member extends to an appointment of a deputy of that member. 6—Gawler Ranges Parks Co-management Board (1) The Lake Gairdner National Park Co‑management Board is dissolved. Note— The Lake Gairdner National Park Co-management Board was established as the co‑management board for the park by the National Parks and Wildlife (Lake Gairdner National Park) Regulations 2013—see Gazette 1.8.2013 p3417. The co‑management agreement for the Lake Gairdner National Park has been terminated under section 43F(5) of the Act and replaced by the Gawler Ranges Parks co‑management agreement. (1a) The Gawler Ranges Parks Co‑management Board is established as the co‑management board for the Gawler Ranges Parks. (2) Subject to subregulation (3), the Gawler Ranges Parks Co‑management Board consists of 8 members appointed by the Minister of whom— (a) 4 must be Gawler Ranges people appointed on the nomination of GRAC; and (b) 3 must be officers of the Department, or of another administrative unit of the Public Service, nominated by the Director; and (c) 1 must be a person nominated by the Minister who has qualifications or experience that may, in the opinion of the Minister, be of benefit to the board. (3) If GRAC refuses or fails to nominate a Gawler Ranges person in relation to a particular office under subregulation (2)(a), the Minister may appoint a suitable Gawler Ranges person to fill the office. (4) The Minister may appoint a person to be a deputy of a member appointed under subregulation (2) and a person so appointed may act as a member of the board in the absence of the member. (5) A requirement or qualification specified by this regulation in relation to an appointment of a member extends to an appointment of a deputy of that member. 7—Ngaut Ngaut Conservation Park Co-management Board (1) The Ngaut Ngaut Conservation Park Co‑management Board continues as the co‑management board for the Ngaut Ngaut Conservation Park. Note— The Ngaut Ngaut Conservation Park Co‑management Board was established as the co‑management board for the park by the National Parks and Wildlife (Ngaut Ngaut Conservation Park) Regulations 2014—see Gazette 20.11.2014 p6483. (2) Subject to subregulation (3), the Ngaut Ngaut Conservation Park Co-management Board consists of 6 members appointed by the Minister of whom— (a) 3 must be MACAI members appointed on the nomination of MACAI; and (b) 2 must be officers of the Department; and (c) 1 must be a person nominated by the Minister who has qualifications or experience that may, in the opinion of the Minister, be of benefit to the board. (3) If MACAI refuses or fails to nominate a MACAI member in relation to a particular office under subregulation (2)(a), the Minister may appoint a suitable MACAI member to fill the office. (4) Despite any other provision of these regulations, during any period in which appointments of members to the board are not sufficient for the board to constitute a quorum at a meeting of the board, the Park is under the management of the Director. (5) The Minister may appoint a person to be a deputy of a member appointed under subregulation (2) and a person so appointed may act as a member of the board in the absence of the member. (6) A requirement or qualification specified by this regulation in relation to an appointment of a member extends to an appointment of a deputy of that member. 8—Vulkathunha‑Gammon Ranges National Park Co-management Board (1) The Vulkathunha‑Gammon Ranges National Park Co‑management Board continues as the co‑management board for the Vulkathunha‑Gammon Ranges National Park. Note— The Vulkathunha‑Gammon Ranges National Park Co‑management Board was established as the co‑management board for the park by the National Parks and Wildlife (Vulkathunha‑Gammon Ranges National Park) Regulations 2005—see Gazette 15.12.2005 p4364. (2) Subject to subregulation (3), the Vulkathunha‑Gammon Ranges National Park Co-management Board consists of 8 members appointed by the Minister of whom— (a) 4 must be Adnyamathanha people appointed on the nomination of ATLA; and (b) 3 must be officers of the Department; and (c) 1 must be a person nominated by the Minister who has qualifications or experience that may, in the opinion of the Minister, be of benefit to the board. (3) If ATLA refuses or fails to nominate an Adnyamathanha person in relation to a particular office under subregulation (2)(a), the Minister may appoint a suitable Adnyamathanha person to fill the office. (4) The Minister may appoint a person to be a deputy of a member appointed under subregulation (2) and a person so appointed may act as a member of the board in the absence of the member. (5) A requirement or qualification specified by this regulation in relation to an appointment of a member extends to an appointment of a deputy of that member. 9—Witjira National Park Co-management Board (1) The Witjira National Park Co‑management Board continues as the co‑management board for the Witjira National Park. Note— The Witjira National Park Co‑management Board was established as the co‑management board for the park by the National Parks and Wildlife (Witjira National Park) Regulations 2011—see Gazette 16.8.2007 p3385. (2) Subject to subregulation (3), the Witjira National Park Co-management Board consists of 7 members appointed by the Minister of whom— (a) 2 must be Lower Southern Arrernte people appointed on the nomination of IAC; and (b) 2 must be Wangkangurru people appointed on the nomination of IAC; and (c) 2 must be officers of the Department; and (d) 1 must be a person nominated by the Minister who has qualifications or experience that may, in the opinion of the Minister, be of benefit to the board. (3) If IAC refuses or fails to nominate a Lower Southern Arrernte person in relation to a particular office under subregulation (2)(a), or a Wangkangurru person in relation to a particular office under subregulation (2)(b), the Minister may, after consultation with IAC, appoint a suitable Lower Southern Arrernte person or Wangkangurru person (as the case requires) to fill the office. (4) The Minister may appoint a person to be a deputy of a member appointed under subregulation (2) and a person so appointed may act as a member of the board in the absence of the member. (5) A requirement or qualification specified by this regulation in relation to an appointment of a member extends to an appointment of a deputy of that member. 10—Yumbarra Conservation Park Co-management Board (1) The Yumbarra Conservation Park Co‑management Board continues as the co‑management board for the Yumbarra Conservation Park. Note— The Yumbarra Conservation Park Co‑management Board was established as the co‑management board for the park by the National Parks and Wildlife (Yumbarra Conservation Park) Regulations 2015—see Gazette 22.1.2015 p352. (2) Subject to subregulation (3), the Yumbarra Conservation Park Co-management Board consists of 8 members appointed by the Minister of whom— (a) 4 must be Far West Coast people appointed on the nomination of FWCAC; and (b) 3 must be officers of the Department; and (c) 1 must be a person nominated by the Minister who has qualifications or experience that may, in the opinion of the Minister, be of benefit to the board. (3) If FWCAC refuses or fails to nominate a Far West Coast person in relation to a particular office under subregulation (2)(a) the Minister may appoint a suitable Far West Coast person to fill the office. (4) The Minister may appoint a person to be a deputy of a member of the board appointed under subregulation (2) and a person so appointed may act as a member of the board in the absence of the member. (5) A requirement or qualification specified by this regulation in relation to an appointment of a member of the board extends to an appointment of a deputy of that member. Part 3—Procedures of co-management boards 11—Gender balance The following provisions apply in relation to the gender balance on co-management boards: (a) nominations and appointments to a co‑management board should be made, as far as is reasonably practicable, in order to achieve a gender balance on each board; (b) the following co-management boards must have at least 1 female member, and at least 1 male member: (i) the Ikara-Flinders Ranges National Park Co-management Board; (ii) the Ngaut Ngaut Conservation Park Co-management Board; (iii) the Witjira National Park Co-management Board. 12—Terms and conditions (1) A member of a co‑management board will be appointed on conditions determined by the Minister and for a term not exceeding 4 years as specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (2) The Minister may remove a member of a co‑management board from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. (3) However, the Minister may only remove a member of a co‑management board who is a member nominated by the relevant nominating body after consultation with the nominating body. (4) The office of a member of a co‑management 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 to the Minister; or (d) ceases to satisfy the qualification by virtue of which the member was eligible for appointment to the board; or (e) is removed from office under subregulation (2). (5) If a casual vacancy occurs in the office of a member of a co‑management board, the Minister may appoint a suitable person (including a person who was a deputy to a member) to fill the vacancy, and that person will hold office for the balance of the term of his or her predecessor. 13—Remuneration A member of a co‑management board (other than a member who is an officer of the Department or a member who is nominated by the Minister and is a member of the Public Service) is entitled to remuneration, allowances and expenses determined by the Minister. 14—Chairperson and deputy chairperson The Minister must appoint 2 of the members of each co‑management board as chairperson and deputy chairperson of the board respectively in accordance with any requirements in the co‑management agreement. 15—Functions and powers of co‑management boards (1) The functions of a co‑management board are to carry out the functions assigned to it under the Act or by the co-management agreement or the Minister. (2) A co‑management board has the power to do anything necessary, expedient or incidental to the performance of its functions. (3) Without limiting the generality of subregulation (2), a co‑management board may enter into any form of contract, agreement or arrangement. (4) A co‑management board for a park must perform its functions, and exercise its power, in a manner that is consistent with the co‑management agreement. 16—Procedures of co‑management boards (1) A co‑management board must meet at least 2 times in each financial year. (2) A quorum of a co-management board consists of— (a1) in the case of the Dhilba Guuranda‑Innes National Park Co‑management Board—6 members (of whom at least 3 must be Narungga Nation people and at least 3 must be members appointed under regulation 3A(2)(b) or (c)); (a) in the case of the Ikara-Flinders Ranges National Park Co-management Board—6 members (of whom at least 3 must be Adnyamathanha people and at least 3 must be members nominated by the Minister or appointed as officers of the Department); (ab) in the case of the Gawler Ranges Parks Co‑management Board—6 members (of whom at least 3 must be Gawler Ranges people and at least 3 must be members appointed under regulation 6(2)(b) or (c)); (b) in the case of the Kanku-Breakaways Conservation Park Co-management Board—5 members (of whom at least 3 must be Antakirinja Matuntjara Yankunytjatjara people nominated by AMYAC, at least 1 must be a member appointed as nominated by the District Council of Coober Pedy and 1 must be the member appointed as officer of the Department); (d) in the case of the Ngaut Ngaut Conservation Park Co-management Board—4 members (of whom at least 2 must be MACAI members and at least 2 must be members nominated by the Minister or appointed as officers of the Department); (e) in the case of the Vulkathunha‑Gammon Ranges National Park Co-management Board—6 members (of whom at least 3 must be Adnyamathanha people and at least 3 must be members nominated by the Minister or appointed as officers of the Department); (f) in the case of the Witjira National Park Co-management Board—5 members (of whom at least 3 must be Lower Southern Arrernte or Wangkangurru people and at least 2 must be members nominated by the Minister or appointed as officers of the Department); (g) in the case of the Yumbarra Conservation Park Co-management Board—6 members (of whom at least 3 must be Far West Coast people and at least 3 must be members nominated by the Minister or appointed as officers of the Department). (3) A meeting of a co‑management board will be chaired by the chairperson or, in the absence of the chairperson, by the deputy chairperson or, in the absence of both, the members present at a meeting of the board must choose 1 of their number to preside at the meeting. (4) Subject to this regulation, a decision carried by a majority of the votes cast by members of a co‑management board at a meeting is a decision of the board. (5) Each member present at a meeting of a co‑management board has 1 vote on any question arising for decision. (6) If a co‑management board is unable to decide a question arising for decision, the question must be referred to the Minister for decision (and the decision of the Minister will be taken to be a decision of the board). (7) The following provisions apply in relation to a decision of the Minister under subregulation (6): (a) the Minister must have regard to any written submission made by the relevant nominating body that is received by the Minister not more than 30 days after the date of the meeting at which the co‑management board was unable to decide the question; (b) the Minister must, in the case of the Witjira National Park Co-management Board, have regard to any submission made by a member appointed on the nomination of IAC; (c) the Minister may have regard to any other matter the Minister thinks fit. (8) The Minister may direct a co‑management board to implement, or cause to be implemented, a decision of the Minister under subregulation (6). (9) A conference by telephone or other electronic means between the members of a co‑management board will, for the purposes of this regulation, be taken to be a meeting of the board at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the board for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (10) A proposed resolution of a co‑management board becomes a valid decision of the board despite the fact that it is not voted on at a meeting of the board if— (a) notice of the proposed resolution is given to all members of the board in accordance with procedures determined by the board; and (b) a quorum of the board (as specified, for each board, in subregulation (2)) expresses concurrence in the proposed resolution by letter, fax, email or other written communication setting out the terms of the resolution. (11) A co‑management board must have accurate minutes kept of its meetings. (12) Subject to these regulations, a co‑management board may determine its own procedures. 17—Conflict of interest (1) A member of a co‑management board who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the board— (a) must, as soon as reasonably practicable, disclose in writing to the board full and accurate details of the interest; and (b) must not take part in any discussion by the board relating to that matter; and (c) must not vote in relation to that matter; and (d) must be absent from the meeting room when any such discussion or voting is taking place. Maximum penalty: $2 000. (2) This regulation does not apply to a member of a co-management board— (a) in respect of an interest that is shared in common with the traditional owners of the relevant park generally, or a substantial section of such traditional owners; and (b) in relation to a matter in which the member has an interest while the member remains unaware that he or she has an interest in the matter (but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest). (3) The Minister may, by notice in the Gazette, exempt a member of a co‑management board (conditionally or unconditionally) from the application of a provision of this regulation, and may, by further notice in the Gazette, vary or revoke such an exemption. (4) Non‑compliance by a member of a co‑management board with a duty imposed by this regulation constitutes a ground for removal of the member from office. (5) If a member or former member of a co‑management board is convicted of an offence against this regulation, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the Minister— (a) if the court is satisfied that the person or any other person made a profit as a result of the offence—an amount equal to the profit; and (b) if the court is satisfied that any loss or damage has been suffered as a result of the offence—compensation for the loss or damage. (6) If a member or former member of a co‑management board has committed an offence against this regulation (whether or not proceedings have been brought for the offence), the Minister may recover from the person by action in a court of competent jurisdiction— (a) if the person or any other person made a profit as a result of the offence—an amount equal to the profit; and (b) if any loss or damage has been suffered as a result of the offence—compensation for the loss or damage. 18—Vacancies or defects in appointment of members An act or proceeding of a co‑management board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 19—Delegations (1) Subject to regulation 20, a co‑management board may delegate any of its functions or powers (other than this power of delegation)— (a) to a member of the board; or (ab) to the Minister; or (b) to an officer of the Department; or (c) in addition, in the case of the Kanku-Breakaways Conservation Park Co-management Board—to the District Council of Coober Pedy or an employee of the District Council of Coober Pedy. Note— Note that the Ikara-Flinders Ranges National Park Co-management Board has additional delegation powers under regulation 20. (2) A delegation— (a) must be in writing; and (b) may be made subject to conditions and limitations specified in the instrument of delegation; and (c) is revocable at will and does not derogate from the power of the board to act in a matter. (3) A delegated function or power may, if the instrument of delegation so provides, be further delegated. 20—Additional delegations—Ikara-Flinders Ranges National Park Co-management Board (1) The following additional delegation powers apply in relation to the Ikara-Flinders Ranges National Park Co-management Board: (a) the Ikara-Flinders Ranges National Park Co-management Board may, in accordance with the relevant co‑management agreement— (i) delegate to the Minister, or a person or body nominated by the Minister, the powers specified in clause 5 of the co‑management agreement; (ii) delegate the powers (if any) specified in Schedule 4 of the co‑management agreement; (b) a delegation under paragraph (a)(i)— (i) must be in writing; and (ii) is subject to the conditions or limitations (if any) specified in clause 5 of the co‑management agreement but must not be made subject to any other conditions or limitations; and (iii) subject to subparagraph (iv), is not revocable; and (iv) will by force of this regulation be revoked— (A) on the Lease or the Contract for Services Agreement ceasing to be in force for any reason; or (B) on the expiry of the Resort Term; (c) while a delegation under paragraph (a)(i) is in force, the board must not exercise or purport to exercise a power the subject of the delegation; (d) a delegation under paragraph (a)(ii)— (i) must be in writing; and (ii) is subject to the conditions or limitations (if any) specified in the co‑management agreement relating to such a delegation; and (iii) may be made subject to any other conditions and limitations specified in the instrument of delegation; and (iv) does not derogate from the power of the board to act in a matter; and (v) is not revocable. (2) In this regulation— Contract for Services Agreement, Lease and Resort Term have the same meanings as in the relevant co‑management agreement. 21—Minister may call meetings (1) The Minister may call a meeting of a co-management board— (a) if 2 or more successive meetings of the board are inquorate; or (b) if the chairperson of the board refuses or fails to call a meeting of the board— (i) in the case of the Yumbarra Conservation Park Co-management Board—within 8 months after the previous meeting; or (ii) in the case of the Ngaut Ngaut Conservation Park Co-management Board—within 6 months after the previous meeting; or (iii) in any other case—within 4 months after the previous meeting. (2) The Minister may direct members to attend a meeting of a co-management board called under subregulation (1). 22—Control and management of parks during suspension of co‑management board If a co-management board is under a period of suspension under section 43I of the Act— (a) the relevant park will be under the control of the Minister and under the management of the Director during that period; and (b) the Minister and the Director must endeavour, where appropriate, to give effect to the objects set out in section 43E of the Act during that period. 23—Annual report For the purposes of section 43L of the Act, the annual report of the co‑management board for a park must include the following: (a) information relating to traditional hunting activities in the park carried out in accordance with section 68D of the Act; (b) information relating to the effect of traditional hunting activities in the park carried out in accordance with section 68D of the Act on native plants and protected animals or the eggs of protected animals (in particular endangered species, vulnerable species and rare species); (c) information relating to the operations and work programs undertaken by or on behalf of the board; (d) information relating to park infrastructure; (e) any other information required by the Minister. Schedule 1—Revocations and transitional provisions Part 1—Revocation of regulations 1—Revocation of regulations The following regulations are revoked: (a) the National Parks and Wildlife (Flinders Ranges National Park) Regulations 2011; (b) the National Parks and Wildlife (Lake Gairdner National Park) Regulations 2013; (c) the National Parks and Wildlife (Ngaut Ngaut Conservation Park) Regulations 2014; (d) the National Parks and Wildlife (Vulkathunha—Gammon Ranges National Park) Regulations 2005; (e) the National Parks and Wildlife (Witjira National Park) Regulations 2007; (f) the National Parks and Wildlife (Yumbarra Conservation Park) Regulations 2015. Part 2—Transitional provisions 2—Interpretation In this Part— revoked regulations means the regulations revoked under Part 1 of this Schedule. 3—References A reference in a contract, lease, licence or other document in force immediately before the commencement of this Part to any of the revoked regulations, or a provision of any of the revoked regulations will, on that commencement, be taken to be a reference to these regulations, or the corresponding provision or provisions of these regulations. 4—Membership of co-management boards A member of a co-management board holding office under the revoked regulations immediately before the commencement of this clause will, on that commencement, continue in office under these regulations for the balance of his or her term of office. 5—Delegations Without limiting section 15 of the Acts Interpretation Act 1915, a delegation in force under the revoked regulations immediately before the commencement of this Part will, on that commencement, be taken to be a delegation under these regulations. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation revoked by principal regulations The National Parks and Wildlife (Co-management Boards) Regulations 2016 revoked the following: National Parks and Wildlife (Flinders Ranges National Park) Regulations 2011 National Parks and Wildlife (Lake Gairdner National Park) Regulations 2013 National Parks and Wildlife (Ngaut Ngaut Conservation Park) Regulations 2014 National Parks and Wildlife (Vulkathunha—Gammon Ranges National Park) Regulations 2005 National Parks and Wildlife (Witjira National Park) Regulations 2007 National Parks and Wildlife (Yumbarra Conservation Park) Regulations 2015 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2016 230 Gazette 22.9.2016 p3854 22.1.2017: r 2 2020 290 Gazette 5.11.2020 p4971 5.11.2020: r 2 2021 187 Gazette 16.12.2021 p4414 16.12.2021: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1

r 2 omitted under Legislation Revision and Publication Act 2002 5.11.2020 r 3

Gawler Ranges Parks inserted by 187/2021 r 4(1) 16.12.2021 Narungga Nation person inserted by 290/2020 r 4(1) 5.11.2020 NNAC inserted by 290/2020 r 4(1) 5.11.2020 relevant co-management agreement varied by 290/2020 r 4(2) 5.11.2020

varied by 187/2021 r 4(2) 16.12.2021

varied by 187/2021 r 4(4) 16.12.2021

varied by 187/2021 r 4(6) 16.12.2021

varied by 187/2021 r 4(8) 16.12.2021

heading substituted by 290/2020 r 5 5.11.2020 r 3A inserted by 290/2020 r 6 5.11.2020 r 6

r 6(1) substituted by 187/2021 r 5(1) 16.12.2021

the variation of r 6(1) purportedly made by 187/2021 r 5(2) is of no effect due to prior variation

r 6(1a) inserted by 187/2021 r 5(1) 16.12.2021 r 6(2) varied by 187/2021 r 5(3), (4) 16.12.2021 Pt 3

r 16

r 16(2) varied by 290/2020 r 7 5.11.2020

varied by 187/2021 r 6(1) 16.12.2021

r 19(1) varied by 290/2020 r 8 5.11.2020 Historical versions 5.11.2020

1 National Parks and Wildlife (Co-management Boards) Regulations 2016

South Australia National Parks and Wildlife (Co-management Boards) Regulations 2016 under the National Parks and Wildlife Act 1972

National Parks and Wildlife (Co-management Boards) Regulations 2016

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National Parks and Wildlife (Co-management Boards) Regulations 2016

Source text: opening excerpt

1 National Parks and Wildlife (Co-management Boards) Regulations 2016