Div 1The Native Vegetation Council

Division 1—The Native Vegetation Council 7—Establishment of the Council (1) The Native Vegetation Council is established. (2) The Council has the powers, functions and duties conferred, assigned or imposed by this Act. 8—Membership of the Council (1) The Council consists of seven members appointed by the Minister of whom— (a) one (who will be the presiding member of the Council) must be nominated by the Minister; and (b) one must be a person selected by the Minister from a panel of three persons nominated by Primary Producers SA Incorporated; and (c) one must be a person selected by the Minister from a panel of three persons nominated by the Conservation Council of South Australia; and (d) 1 must be a person selected by the Minister for the time being responsible for the administration of the Landscape South Australia Act 2019; and (e) one must be a person selected by the Minister from a panel of three persons nominated by the Local Government Association of South Australia; (f) 1 must be a person with extensive knowledge of, and experience in, planning, development or mining nominated by the Minister after consultation with the Minister for Planning; and (g) one must be a person with extensive knowledge of, and experience in, the preservation and management of native vegetation nominated by the Minister. (2) All members of the Council must have some knowledge of, and experience in, the preservation and management of native vegetation. (3) The members nominated by Primary Producers SA Incorporated and the Local Government Association of South Australia must be persons who— (a) carry on a business of primary production (whether as owner or manager of the business); and (b) live on, or in close proximity to, the land on which the business is carried on; and (c) manage the business on a daily basis. (4) At least one member of the Council must be a woman and one must be a man. (6) The Minister may appoint a deputy to a member of the Council and the deputy may, in the absence, or during a temporary vacancy in the office, of that member, act as a member of the Council. (7) The appointment of a deputy to a member is subject to the same nomination and qualification requirements as the appointment of the member. Minister for Planning means the Minister who has portfolio responsibility for urban and regional planning within the State. 9—Conditions of office (1) A member of the Council will be appointed for a term not exceeding two years on conditions determined by the Minister and will, on the expiration of a term of office, be eligible for reappointment. (2) A member may be removed from office by the Minister— (a) for misconduct; or (b) for neglect of duty; or (c) for incompetence; or (d) for mental or physical incapacity to carry out the duties of office satisfactorily; or (e) for breach of, or non‑compliance with, a condition of appointment. (3) The office of a 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 addressed to the Minister; or (d) is removed from office by the Minister under subsection (2). (4) Upon the office of a member becoming vacant, a person must be appointed in accordance with this Act to the vacant office. 10—Allowances and expenses A member of the Council, or of a committee established by the Council, is entitled to such remuneration, allowances and expenses as the Minister may determine. 11—Procedures at meetings of the Council (1) The presiding member will preside at meetings of the Council or, in his or her absence, his or her deputy will preside or, in the absence of both of them, a member chosen by those present will preside. (2) Subject to subsection (3) the Council may act despite vacancies in its membership. (3) Four members constitute a quorum of the Council. (4) A decision in which a majority of the members present at a meeting concur is a decision of the Council but if the members are equally divided the decision of the person presiding at the meeting is the decision of the Council. (5) Subject to this Act, the Council may determine its own procedures. 12—Validity of acts of Council (1) No act or proceeding of the Council is invalid by reason only of a vacancy in the office of a member, or a defect in the appointment of a member. 13—Application of Public Sector (Honesty and Accountability) Act (1) The Public Sector (Honesty and Accountability) Act 1995 applies to a member of the Council as an advisory body member (whether the Council is providing advice to the Minister or performing some other function). (2) 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 primary producers generally, or a substantial section of primary producers. 14—Functions of Council (1) The Council has the following functions: (a) to keep the condition of the native vegetation of the State under review; and (b) to advise the Minister in relation to— (i) the preservation, enhancement and management of existing native vegetation; and (ii) the re-establishment of native vegetation on land where native vegetation has been cleared or degraded; and (iii) research into the preservation, enhancement and management of native vegetation and the re-establishment of native vegetation on cleared land; and (c) to keep the principles of clearance of native vegetation under review and to advise the Minister of any changes to the principles that it considers are necessary or desirable; and (d) to determine applications for consent to clear native vegetation under Part 5; and (da) to assess and respond to applications referred to the Council under the Planning, Development and Infrastructure Act 2016; and (e) to encourage research into the preservation, enhancement and management of existing native vegetation; and (f) to encourage the re-establishment of native vegetation on land from which native vegetation has been cleared; and (g) to administer the Fund pursuant to Division 3; and (h) such other functions as are assigned to the Council under this or any other Act. (2) The Council, in performing a function, or exercising a power, under this Act— (a) must take into account, and seek to further, the objects of this Act; and (b) must take into account, and seek to further, the principles of clearance of native vegetation (insofar as they are relevant in the particular circumstances); and (c) must take into account the provisions of the State Landscape Strategy, and any other relevant regional landscape plan, under the Landscape South Australia Act 2019, and, in any event, must not act in a manner that is seriously at variance with the principles of clearance of native vegetation. (3) If the Council has reason to believe that a person may have acted in contravention of this Act, the Council should investigate the matter as expeditiously as possible. 15—Delegation of powers and functions (1) Subject to this Act, the Council may, with the approval of the Minister, delegate any of its powers or functions. (2) A delegation under this section— (a) may be made to— (i) the presiding member or another member of the Council; or (ii) a committee established by the Council (whether or not it consists of or includes a member or members of the Council); or (iii) a local council or other body corporate; or (iv) any other person; (b) may be made subject to such conditions as the Council thinks fit; (c) is revocable at will and does not derogate from the power of the Council to act in any matter itself. (3) A delegation and the revocation of a delegation under this section must be in writing. (4) A delegation under this section may be made to the person for the time being holding an office or position specified in the delegation. (5) Where the Council delegates powers or functions to a local council in pursuance of this section, the local council may, with the approval of the Council, subdelegate those powers to a committee or officer of the local council. (5a) The Council may only make a delegation to a local council or an officer of a local council under subsection (2) with the written approval of the relevant council. (5b) The Council may only make a delegation to a local council or an officer of a local council under subsection (2), or approve a subdelegation to a committee or officer of a local council under subsection (5), if— (a) in the case of a delegation to a local council or a subdelegation to a committee—the Council makes it a condition of the delegation or approval (as the case may be) that the local council or committee will, in the exercise or performance of a delegated power or function, seek the advice of a person who holds a qualification in a field of natural resource management, or in biology; (b) in the case of a delegation or subdelegation to an officer of a local council—the officer is a person who holds a qualification in a field of natural resource management, or in biology. (6) A person to whom powers or functions are delegated under this section is disqualified from acting in pursuance of the delegation in relation to any matter in which the delegate has a personal interest or a direct or indirect pecuniary interest. (7) A person who is a member of a local council or the governing body of a body corporate to which powers or functions are delegated under this section is disqualified from taking part in any deliberations or decisions of the local council or body corporate made pursuant to the delegation in relation to any matter in which that person has a personal interest or a direct or indirect pecuniary interest. (8) Despite a preceding subsection, the Council may only delegate a power to act in relation to any matter within the Murray-Darling Basin with the approval of the Minister to whom the administration of the River Murray Act 2003 is committed. (9) Despite a preceding subsection, the Council may only delegate a power to act in relation to any matter within the Adelaide Dolphin Sanctuary with the approval of the Minister for the Adelaide Dolphin Sanctuary. 16—Staff (1) There must be a secretary to the Council and such other staff to assist the Council as the Minister thinks fit. (2) The secretary and other members of staff are to be Public Service employees. (3) The Council may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit. 17—Annual report (1) On or before 31 October in each year, the Council must prepare and present to the Minister a report upon the administration of this Act during the year that ended on the preceding 30 June and must as part of that report, report upon the work of the Council in carrying out its functions and achieving the objects of this Act. (2) The report must set out the purposes for which money from the Fund was applied in the relevant year and the amount applied for each purpose and must explain why the Fund was applied in that manner. (3) The Minister must, within six sitting days after receiving a report presented under this section, cause copies of the report to be laid before both Houses of Parliament.