ADELAIDE DOLPHIN SANCTUARY ACT 2005 - SECT 11
ADELAIDE DOLPHIN SANCTUARY ACT 2005 - SECT 11
(1) The Minister must,
within 12 months after the commencement of this Act, prepare a plan to be
called the Adelaide Dolphin Sanctuary Management Plan.
(2) The Plan must set
out—
(a) the
proposals of the Minister in relation to the management of the Sanctuary; and
(b) the
priorities that the Minister will pursue in order to achieve the objects and
objectives of this Act in relation to the Sanctuary.
(3) The Minister must
review the Plan at least once in every 7 years.
(4) The Minister may
amend the Plan at any time.
(5) The Minister must,
in relation to any proposal to create or amend the Plan—
(a)
prepare a draft of the proposal; and
(b) seek
the views of the Parks and Wilderness Council, all relevant Ministers and
prescribed bodies in relation to the proposal; and
(c) by
public notice, give notice of the place or places at which copies of the draft
are available for inspection (without charge) and purchase and invite
interested persons to make written representations on the proposal within the
period specified in the notice.
(6) The Minister must
make copies of all representations made by members of the public in response
to a notice under subsection (5)(c) available for public inspection or
purchase (except in the case of a representation that was made in confidence)
and for that purpose the Minister must, by public notice, give notice of the
place or places at which the copies are available.
(7) Before adopting
the Plan or an amendment to the Plan, the Minister must—
(a) have
regard to any views expressed by the Parks and Wilderness Council,
relevant Ministers and prescribed bodies in relation to the proposal; and
(b)
consider all representations made by members of the public in response to a
notice under subsection (5)(c),
and the Minister may make such alterations to the draft as the Minister thinks
necessary or desirable.
(8) The Plan, and any
amendment to the Plan, have no force or effect until adopted by the Minister.
(a) make
reasonable provision for the publication of the Plan; and
(b)
ensure that copies of the Plan are reasonably available for inspection
(without charge) and purchase by the public at a place or places determined by
the Minister; and
(c)
ensure that public notice is given of any amendment to the Plan within a
reasonable time after the amendment is made.
(10) The Plan is an
expression of policy and does not in itself affect rights or liabilities
(whether of a substantive, procedural or other nature).
(11) A failure of the
Minister to comply with a requirement of this section cannot be taken to
affect the validity of the Plan.
(12) In this
section—
"relevant Minister" means a Minister responsible for the administration of a
related operational Act.