South Australian Consolidated Acts South Australian Consolidated Acts (1) The Board has the
following functions (which are to be carried out in consultation with the
Minister):
(a) to
prepare a plan, or a series of plans, for the growth and sustainable
development of the State economy and for the consolidation and growth of
sustainable employment in the State; and
(b) to
formulate policies and strategies for implementation of the plan or plans in
the private and public sectors; and
(c) to
analyse factors influencing business and investment and to recommend action to
enhance the international competitiveness of the State's industry and
commerce; and
(d) to
formulate or implement strategies for the development of international trade
and marketing, and the attraction of investment to the State, in accordance
with the plan or plans for development of the State economy; and
(e) to
negotiate for the expansion of industries in the State, or for the
establishment of new industries in the State; and
(f) to
encourage and oversee economic planning and development in sectors of the
State's economy; and
(g) to
identify the infrastructure necessary to maintain and expand the State's
economy, to develop and recommend strategies for the provision of such
infrastructure and to monitor its establishment; and
(h) to
foster, in collaboration with appropriate regional authorities, the
development of regional economies in the State; and
(i)
to identify the skills necessary for the maintenance and
expansion of the State's economy and to develop strategies for ensuring that
those skills are developed and maintained as a basis for the expansion of
levels of sustainable employment in the State; and
(j) to
integrate scientific and technological research and its commercial
exploitation within the economic framework of the State; and
(k) to
initiate and carry out projects and programs, or to participate as a member of
a joint venture in projects and programs, for the economic development of the
State; and
(l) to
recommend criteria that should be met by government agencies in relation to
the provision of, or the capacity to provide, the infrastructure or services
required, in accordance with the Board's economic development plans, for the
economic development of the State; and
(m) to
assist regional development authorities, by making available to them (on terms
mutually agreed between the Board and the authorities) the expertise of
officers and employees of the Board, to develop and implement regional
development strategies, and to empower such authorities to act on the Board's
behalf, to an appropriate extent, in pursuance of delegated powers; and
(n) to
carry out any other functions assigned to the Board by the Minister.
(2) Any agreement
negotiated by the Board for industrial expansion or development in the State
is binding on the State and its instrumentalities if the agreement is
consistent with the law of the State and ratified by the Governor.
(3) The Board may, if
authorised by the Governor to do so, exercise, in relation to a specified
proposal for expansion or development of industry, a specified statutory power
to grant an approval, consent, licence or exemption.
(4) If an
authorisation is given under subsection (3)—
(a) the
statutory power may be exercised by the Board as if the power had been duly
delegated to it by the authority, body or person in whom the power is
primarily vested; and
(b) the
Board must consult with that authority, body or person in relation to the
exercise of the power (but is not bound to comply with directions as to the
exercise of the power given by that authority, body or person); and
(c) any
statutory provisions governing, or incidental to, the exercise of the power
must be observed by the Board as if it were that authority, body or person;
and
(d) any
statutory provisions for appeal against or review of a decision to exercise
the power or to refrain from exercising the power apply in relation to a
decision by the Board in relation to the exercise of the power.
(5) An authorisation
under subsection (3) is to be given, and may be varied or revoked, by
proclamation, and within 6 sitting days after such a proclamation is made, the
Minister must have a report, setting out the terms of the proclamation, laid
before both Houses of Parliament.
(6) The Board must
monitor the extent to which a government agency complies with criteria
recommended under subsection (1)(l), and adopted by the Minister
responsible for the relevant agency, and any failure to comply with such
criteria must be reported in the Board's annual report.
(7) The Board—
(a) may
not acquire shares or any other interest in the capital of a body corporate
unless the acquisition has been approved by the Governor; and
(b) may
not enter into a contract to carry out any kind of development project, or to
participate in the carrying out of a development project as a partner or a
member of a joint venture, unless the contract, or the project, has been
approved by the Governor.
(8) Subject to
subsection (9), a ratification under subsection (2), or an approval
under subsection (7)(a) or (b)—
(a) must
be published by the Minister—
(i)
by notice in the Gazette within 14 days after the
ratification or approval was given; and
(ii)
by tabling the ratification or approval in both Houses of
Parliament within 6 sitting days after its publication in the Gazette; and
(b) must
be published by the Board in its next annual report.
(9) If the Minister is
of the opinion that publication of a ratification or approval under
subsection (8) might detrimentally affect the commercial interests of any
interested party, or might breach a duty of confidence, the ratification or
approval need not be published by the Minister or the Board as required by
that subsection, but instead—
(a) the
Minister must cause the ratification or approval to be reported to the
Economic and Finance Committee of the Parliament within 14 days after the
ratification or approval was given; and
(b) the
Board must cause a statement of the fact that the ratification or approval was
given to be published in its next annual report.