South Australian Consolidated Acts

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DEVELOPMENT ACT 1993 - SECT 10

10—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.



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