South Australian Consolidated Acts South Australian Consolidated Acts40—Appointment of administrator
(1) The Minister may
appoint an administrator of a regional NRM board, or remove or replace an
administrator previously appointed under this section.
(2) Before appointing
an administrator of a regional NRM board, the Minister must be satisfied that
the board—
(a) has
persistently failed properly to perform its functions; or
(b) has
contravened, or failed to comply with, a provision of this Act; or
(c) has
been guilty of serious financial mismanagement.
(3) The function of an
administrator is to reorganise the management and operations of the
regional NRM board to the extent necessary to enable it to perform its
functions and exercise its powers efficiently on a continuing basis in
accordance with this Act.
(4) An administrator
has, while the appointment remains in force, full and exclusive power to
perform the functions and exercise the powers of the regional NRM board.
(5) An administrator
must comply with any directions that the Minister may give from time to time.
(6) If an
administrator has a direct or indirect personal or pecuniary interest in any
matter in relation to which he or she proposes to act as administrator under
this section, the administrator must disclose the nature of the interest to
the Minister before acting.
Maximum penalty: $20 000.
(7) The remuneration
of an administrator will be fixed by the Minister and is payable from the
regional NRM board's funds.
(8) An administrator
may, by instrument in writing, delegate a function or power of the
administrator under this Act.
(9) A delegation under
this section—
(a) may
be absolute or conditional; and
(b) does
not derogate from the ability of the administrator to act in any matter; and
(c) is
revocable at will.
(10) A person to whom
functions or powers have been delegated under subsection (8) who has a
direct or indirect personal or pecuniary interest in any matter in relation to
which the person proposes to exercise those functions or powers must disclose
the nature of the interest in writing to the administrator.
Maximum penalty: $20 000.
(11) It is a defence
to a charge of an offence against subsection (6) or (10) to prove that
the defendant was not, at the time of the alleged offence, aware of his or her
interest in the matter.
(12) The members of a
regional NRM board are suspended from office while an administrator holds
office under this section.
(13) The Minister must
consult with the NRM Council before the Minister appoints an administrator
under this section.