South Australian Consolidated Acts10—The Development Assessment Commission
(1) The
Development Assessment Commission is established.
(2) The
Development Assessment Commission is a body corporate.
(3) The
Development Assessment Commission consists of the following members appointed
by the Governor:
(a) a
Presiding Member;
(b) a
Deputy Presiding Member;
(c) a
person with practical knowledge of, and experience in, local government chosen
from a panel of three such persons submitted to the Minister by the Local
Government Association of South Australia;
(d) a
person with practical knowledge of, and experience in, urban or regional
development, commerce or industry;
(e) a
person with practical knowledge of, and experience in, environmental
conservation or management, or the management of natural resources;
(f) a
person with practical knowledge of, and experience in, the provision of
facilities for the benefit of the community;
(g) a
person with practical knowledge of, and experience in, urban design, building
safety or landscape design.
(4) The Presiding
Member and Deputy Presiding Member must have qualifications and experience in
urban and regional planning, building, environmental management, or a related
discipline that are, in the opinion of the Governor, appropriate to the
Presiding Member's functions and duties under this Act.
(5) At least one
member of the Development Assessment Commission must be a woman and at least
one member must be a man.
(6) The term of office
for which a member of the Development Assessment Commission is appointed will
be—
(a) in
the case of the Presiding Member—a term not exceeding five years
specified in the instrument of appointment; and
(b) in
the case of other members—a term, not exceeding two years, specified in
the instrument of appointment.
(7) A member of the
Development Assessment Commission is, on the expiration of a term of
appointment, eligible for reappointment.
(8) The remuneration,
allowances and conditions of appointment of a member of the
Development Assessment Commission—
(a) will
be as determined by the Governor; or
(b)
will, in the case of the Presiding Member, if the Governor so decides, be
determined wholly or in part in accordance with the Government Management and
Employment Act 1985 .
(9) The Governor may
remove a member of the Development Assessment Commission from office
for—
(a)
breach of, or failure to comply with, the conditions of appointment;
(b)
misconduct;
(c)
neglect of duty;
(d)
incapacity to carry out satisfactorily the duties of his or her office;
(e)
failure to carry out satisfactorily the duties of his or her office;
(f)
failure to comply with the requirements of section 11A or a breach of, or
failure to comply with, a code of conduct under section 21A.
(10) The office of a
member of the Development Assessment Commission 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 Governor under subsection (9).
(11) On the office of
a member of the Development Assessment Commission becoming vacant, a person
will be appointed in accordance with this Act to the vacant office.
(12) In the absence of
the Presiding Member from a meeting of the Development Assessment Commission
the Deputy Presiding Member will preside, and in the absence of both the
Presiding Member and the Deputy Presiding Member from a meeting of the
Development Assessment Commission, a member chosen by those present will
preside.
(13) An appointment
(other than an appointment under subsection (3)(c)) can only be made
under this section after the Minister has, by notice in a newspaper
circulating generally throughout the State, invited interested persons with
appropriate qualifications to submit (within a period specified in the notice)
expressions of interest in appointment to the relevant office.