National Parks and Wildlife (Yumbarra Conservation Park) Regulations 2015 (SA)
South Australia
National Parks and Wildlife (Yumbarra Conservation Park) Regulations 2015
under the National Parks and Wildlife Act 1972
Contents
Preamble
Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
Part 2—Yumbarra Conservation Park Co‑management Board
4 Establishment of co‑management board
5 Composition of Board
6 Gender balance
7 Terms and conditions
8 Chairperson and Deputy Chairperson
9 Functions and powers of Board
10 Procedures of Board
11 Conflict of interest
12 Vacancies or defects in appointment of members
13 Power of delegation
14 Minister may call meetings
15 Control and management of Park during suspension of Board
16 Annual report
Schedule 1—Transitional provision
Legislative history
Preamble
1Yumbarra Conservation Park was constituted as a conservation park under the National Parks and Wildlife Act 1972 on 3 July 1972.
2The Far West Coast people have a traditional association with the land constituting the conservation park.
3It is now intended that the conservation park be co‑managed pursuant to a co‑management agreement under the National Parks and Wildlife Act 1972 between the Minister and the Far West Coast Aboriginal Corporation representing the Far West Coast people.
Part 1—Preliminary
1—Short title
These regulations may be cited as the National Parks and Wildlife (Yumbarra Conservation Park) Regulations 2015.
2—Commencement
These regulations will come into operation on the day on which they are made.
3—Interpretation
In these regulations, unless the contrary intention appears—
Act means the National Parks and Wildlife Act 1972;
Board means the Yumbarra Conservation Park Co‑management Board established by regulation 4;
co‑management agreement means the co‑management agreement for the Yumbarra Conservation Park, as in force from time to time;
Far West Coast people means 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 (and Far West Coast person has a corresponding meaning);
FWCAC means the Far West Coast Aboriginal Corporation incorporated under the Aboriginal Councils and Associations Act 1976 of the Commonwealth;
Park means the Yumbarra Conservation Park.
Part 2—Yumbarra Conservation Park Co‑management Board
4—Establishment of co‑management board
The Yumbarra Conservation Park Co‑management Board is established as the co‑management board for the Park.
5—Composition of Board
(1)Subject to subregulation (2), the Board consists of 8 members appointed by the Minister of whom—
(a)4 must be Far West Coast persons 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.
(2)If FWCAC refuses or fails to nominate a Far West Coast person in relation to a particular office under subregulation (1)(a) the Minister may appoint a suitable Far West Coast person to fill the office.
(3)The Minister may appoint a person to be a deputy of a member of the Board appointed under subregulation (1) and a person so appointed may act as a member of the Board in the absence of the member.
(4)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.
6—Gender balance
In nominating and appointing the members of the Board, FWCAC and the Minister should each, as far as is reasonably practicable, endeavour to achieve a gender balance on the Board.
7—Terms and conditions
(1)A member of the Board will be appointed on conditions determined by the Minister and for a term, not exceeding 4 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.
(2)A member of the Board (other than a member who is an officer of the Department, or is nominated by the Minister and is a member of the Public Service) is entitled to remuneration, allowances and expenses determined by the Minister.
(3)The Minister may remove a member of the 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.
(4)However, the Minister may only remove a member of the Board who is a Far West Coast person after consultation with FWCAC.
(5)The office of a member of the 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 (3).
(6)If a casual vacancy occurs in the office of a member of the Board, the Minister may appoint a suitable person (including, to avoid doubt, a person who was a deputy to the member) to fill the vacancy, and that person will hold office for the balance of the term of his or her predecessor.
Note—
This subregulation does not, however, prevent the Minister from instead appointing a new member to the Board.
8—Chairperson and Deputy Chairperson
The Minister must, in accordance with any requirements in the co‑management agreement, appoint 2 of the members of the Board as Chairperson and Deputy Chairperson of the Board respectively.
9—Functions and powers of Board
(1)The functions of the Board are—
(a)to carry out the functions assigned to the Board by or under the Act; and
(b)to carry out the functions assigned to the Board by the co‑management agreement; and
(c)to carry out other functions assigned to the Board by the Minister.
(2)The Board has the power to do anything necessary, expedient or incidental to the performance of its functions.
(3)Without limiting the generality of subsection (2), the Board may enter into any form of contract, agreement or arrangement.
(4)The Board must perform its functions, or exercise a power, in a manner that is consistent with the co‑management agreement.
10—Procedures of Board
(1)Subject to these regulations, 6 members of the Board (of whom at least 3 must be Far West Coast people and at least 3 must be members appointed under regulation 5(1)(b) or (c)) constitute a quorum of the Board.
(2)The Board must meet at least 2 times in each financial year.
(3)A meeting of the 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 the Board at a meeting is a decision of the Board.
(5)Each member present at a meeting of the Board has 1 vote on any question arising for decision.
(6)If the 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)In making a decision under subregulation (6), the Minister—
(a)must have regard to any written submission made by FWCAC that is received by the Minister not more than 30 days after the date of the meeting at which the Board was unable to decide the question; and
(b)may have regard to any other matter the Minister thinks fit.
(8)The Minister may direct the 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 the 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 the 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 majority comprised of not less than 6 members (of whom at least 3 must be Far West Coast people and at least 3 must be members appointed under regulation 5(1)(b) or (c)) express concurrence in the proposed resolution by letter, fax, email or other written communication setting out the terms of the resolution.
(11)The Board must have accurate minutes kept of its meetings.
(12)Subject to these regulations, the Board may determine its own procedures.
11—Conflict of interest
(1)A member of the 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 the Board—
(a)in respect of an interest that is shared in common with Far West Coast people generally, or a substantial section of Far West Coast people; 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 published in the Gazette, exempt a member of the Board (conditionally or unconditionally) from the application of a provision of this regulation, and may, by further notice published in the Gazette, vary or revoke such an exemption.
(4)Non‑compliance by a member of the Board with a duty imposed by this regulation constitutes a ground for removal of the member from office.
(5)If a member of the Board or former member of the Board is convicted of an offence for a contravention of 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 contravention—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 contravention—compensation for the loss or damage.
(6)If a member of the Board or former member of the Board is guilty of a contravention of this regulation, the Minister may (whether or not proceedings have been brought for the offence) 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 contravention—an amount equal to the profit; and
(b)if any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.
12—Vacancies or defects in appointment of members
An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member of the Board.
13—Power of delegation
(1)The Board may delegate any of its functions or powers (other than this power of delegation)—
(a)to a member of the Board; or
(b)to an officer of the Department.
(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.
14—Minister may call meetings
(1)If—
(a)the Chairperson refuses or fails to call a meeting of the Board within 8 months after the previous meeting; or
(b)2 or more successive meetings are inquorate,
then the Minister may call a meeting of the Board.
(2)The Minister may direct the members of the Board to attend a meeting called under subregulation (1).
15—Control and management of Park during suspension of Board
(1)Subject to this regulation, during the period of any suspension of the Board under section 43I of the Act, the Park—
(a)is under the control of the Minister; and
(b)is under the management of the Director.
(2)The Minister and the Director must, during any period of suspension of the Board, endeavour, where appropriate, to give effect to the objects set out in section 43E of the Act.
16—Annual report
For the purposes of section 43L of the Act, the annual report of the Board 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 (and in particular those species that are scheduled as rare, endangered or vulnerable under the Act);
(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—Transitional provision
A licence, permit or written permission issued under the Act or the National Parks and Wildlife (National Parks) Regulations 2001 in relation to the Park, or any other licence, permit, written permission or agreement issued or entered by the Minister in relation to the land constituting the Park, in force immediately before the commencement of these regulations continues in force in accordance with its terms.
Legislative history
Notes
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The National Parks and Wildlife (Yumbarra Conservation Park) Regulations 2015 were revoked by Sch 1 cl 1(f) of the National Parks and Wildlife (Co-management Boards) Regulations 2016 on 22.1.2017.
Principal regulations
Year No Reference Commencement 2015 8 Gazette 22.1.2015 p352 22.1.2015: r 2
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