SOIL AND LAND CONSERVATION ACT 1945 - SECT 23

SOIL AND LAND CONSERVATION ACT 1945 - SECT 23

23 .         Constitution and membership of district committees

        (1)         In this section the producer organizations means the bodies known, respectively, as the Western Australian Farmers Federation (Inc.) and the Pastoralists and Graziers Association of Western Australia.

        (2)         On or after the constitution of a land conservation district the Governor may by Order in Council, establish a land conservation district committee for that land conservation district.

        (2a)         In an Order establishing a district committee the Governor shall —

            (a)         in accordance with subsection (2b); and

            (b)         on the recommendation of the Minister made after consultation by the Minister with the local government of each district that is wholly or in part comprised within the conservation district and with the producer organizations,

                determine —

            (c)         the number of members who shall constitute the committee being not less than 5; and

            (d)         the manner in which the committee shall be constituted.

        (2b)         The constitution of a district committee shall be determined under subsection (2a)(d) so as to provide for the following persons to be members of the committee —

            (a)         the Commissioner or the Commissioner’s nominee; and

            (b)         one or more persons appointed by the Commissioner on the nomination of the local government of each district that is wholly or in part comprised within the land conservation district; and

            (c)         if, in the opinion of the Minister, agricultural or pastoral activities, or both, are a major land use within the land conservation district, 3 persons appointed by the Commissioner to represent one of the producer organizations or 2 persons to represent one of the producer organizations and one person representing the other producer organization; and

            (d)         such number of other persons appointed by the Commissioner as is necessary to complete the membership of the committee as determined under subsection (2a)(c), being persons actively engaged in, or affected by or associated with, land use, or representing organizations, or Government departments, instrumentalities or agencies actively engaged in, or affected by or associated with, land use, in the land conservation district.

        (2c)         Where an Order made under this section provides for a person or persons to be appointed as a member or members of a district committee to represent one of the producer organizations the Order shall make provision for the producer organization to submit to the Commissioner a panel containing the names of persons willing to be so appointed and shall provide that where such a panel is submitted in accordance with the Order one or more, as the case requires, of the persons whose names appear on the panel shall be appointed.

        (2d)         The Governor may make an Order in Council amending, varying or revoking, or in substitution, for, any previous Order made under this section.

        (3)         Members of a district committee (other than the Commissioner or the Commissioner’s nominee) shall hold office for a period not exceeding 3 years, and shall be eligible for re-appointment.

        (4)         The members of the committee shall elect one of their number (other than the Commissioner or the Commissioner’s nominee) to be the chairperson thereof.

        [Section 23 amended: No. 42 of 1982 s. 25; No. 46 of 1988 s. 8, 20 and 21; No. 47 of 1994 s. 11; No. 14 of 1996 s. 4; No. 19 of 2022 s. 13 and 17.]