South Australian Consolidated Acts

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 44

44—Appointment of body to act as a board

        (1)         The Governor may, by regulations made on the recommendation of the Minister, appoint a body specified in the regulations to be a regional NRM board under this Act.

        (2)         The regulation must—

            (a)         identify the NRM region in relation to which the body is appointed; and

            (b)         set out the functions of the body (if any) that are in addition to the functions prescribed by this Act.

        (3)         The Governor may, by subsequent regulation made on the recommendation of the Minister, vary or revoke a regulation under this section.

        (4)         A regulation revoking a regulation may provide that the assets, rights and liabilities of the body that relate to its functions under this Act will vest in or attach to—

            (a)         the Crown; or

            (b)         a Minister; or

            (c)         with the agreement of the council or council subsidiary, a council or council subsidiary; or

            (d)         any other agency or instrumentality of the Crown; or

            (e)         any other person or body.

        (5)         Division 4, Division 5, Division 6, Division 7 and Division 8, and the other provisions of this Division, and any other provisions of this Act prescribed by the regulations, apply to and in relation to a body appointed under this section as if it were a regional NRM board, subject to such exclusions or modifications as may be prescribed by the regulations.

        (6)         A body appointed under this section is subject to direction by the Minister in performing its functions and exercising its powers under this Act.

        (7)         If a body appointed under this section has been established by or under another Act and there is a conflict between a function of the body under that Act and a function of the body when acting as a regional NRM board under this Act, the body must perform its function under its originating Act in preference to its function under this Act.

        (8)         If a body must perform a function under subsection (7) in preference to a function under this Act, the Chief Officer may, after consultation with the Minister, perform the relevant function under this Act as if the Chief Officer were constituted as a regional NRM board.