South Australian Consolidated Acts South Australian Consolidated Acts10A—Special provision relating to constitution of Development Assessment
Commission
(1) When the Minister
makes a declaration under section 46, the Minister may (but need not) appoint
1 or 2 persons to the Development Assessment Commission to act as additional
members for the purposes of dealing with any matter relating to the
declaration that involves the Development Assessment Commission under Part 4
Division 2 Subdivision 1.
(2) A person appointed
under subsection (1) will be selected from a list of persons established
by the Minister for the purposes of this section.
(3) A person will hold
office under this section on terms and conditions determined by the Minister
and, on the expiration of a term of office, is eligible for reappointment.
(4) The Minister
should, in establishing a list under this section, seek to obtain a wide range
of expertise relevant to the consideration of major developments or projects
within the State.
(5) The Minister must
consult—
(a) with
the Minister for the River Murray with a view to including on the list 1 or
more persons who, in the opinion of the Minister for the River Murray, have
extensive knowledge of, or experience in dealing with, issues that are
relevant to the protection or management of the River Murray; and
(b) with
the Minister for the Adelaide Dolphin Sanctuary with a view to including on
the list 1 or more persons who, in the opinion of the Minister for
the Adelaide Dolphin Sanctuary, have extensive knowledge of, or experience in
dealing with, issues that are relevant to the protection or management of the
Adelaide Dolphin Sanctuary; and
(c) with
the Minister for Marine Parks with a view to including on the list 1 or more
persons who, in the opinion of the Minister for Marine Parks, have extensive
knowledge of, or experience in dealing with, issues that are relevant to the
protection or management of marine parks.
(6) Subject to
subsection (6a), if in the opinion of the Minister it appears that a
development or project may have a significant impact on any aspect of—
(a) the
River Murray within the meaning of the River Murray Act 2003 —the
Minister must make an appointment under subsection (1) and the person so
appointed, or at least 1 person so appointed, must be a person approved by the
Minister for the River Murray;
(b) the
Adelaide Dolphin Sanctuary—the Minister must make an appointment under
subsection (1) and the person so appointed, or at least 1 person so
appointed, must be a person approved by the Minister for the Adelaide
Dolphin Sanctuary;
(c) a
marine park within the meaning of the Marine Parks Act 2007 —the
Minister must make an appointment under subsection (1) and the person so
appointed, or at least 1 person so appointed, must be a person approved
by the Minister for Marine Parks.
(6a) If it appears
that a development or project may have a significant impact on any aspect of
more than 1 of the areas referred to in subsection (6), that subsection
does not apply and the Minister must—
(a) make
an appointment under subsection (1) and the person so appointed, or at
least 1 person so appointed, must be a person who, in the Minister's opinion,
has an appropriate background in relation to the areas concerned; or
(b)
after consultation with the Ministers for the areas concerned, appoint a
person who, in the Minister's opinion, has an appropriate background in
relation to the areas concerned.
(7) The Minister must
ensure that a list established by the Minister under this section is published
on a website maintained by the Minister or the Minister's Department.