This Division applies to a plan under Division 1 or Division 2.
79—Preparation of plans and consultation
(1) A regional NRM board proposing to create a plan must prepare a draft plan for the purposes of this Division.
(1a) A regional NRM board must, at the time that it commences the preparation of a draft plan, give public notice of its decision to proceed to prepare a draft in a manner determined by the board.
(2) The board must, during the preparation of the draft plan, take into account any relevant submissions made to the board in relation to the matter.
1.7.2015—Natural Resources Management Act 2004
NRM plans—Chapter 4 Regional plans—Part 2 Preparation and maintenance of plans—Division 3 (6) When the draft plan is completed, the board must—
(a) give a copy of it to— (i) the Minister; and
(iii) any Government Department or other agency that has a direct interest in the proposed plan; and
(v) the peak bodies; and
(vi) any NRM group that has a direct interest in the proposed plan; and (vii) each constituent council for the region; and
(viii) if the board proposes that land should be acquired in connection with the implementation of the plan—the relevant owner or owners of land; and
(ix) if the draft plan has any application with respect to the operations of SA Water—SA Water; and
(ixa) any body that represents the interests of Aboriginal people identified by the Minister for the purposes of this subparagraph (either in relation to a particular plan or more generally); and
(x) such other persons or bodies as are prescribed by the regulations; and (b) consult the public in relation to the plan.
(7) The Minister may require that the board obtain the approval of the Minister before the board releases a draft plan under subsection (6).
(8) A person or body (other than the Minister) to which a copy of a draft plan is provided under subsection (6)(a) may prepare and furnish a response to the board within the period prescribed by the regulations.
(9) The board must consult with the public under subsection (6)(b) by inviting the public to make written submissions to the board and to attend a public meeting to be held in relation to the draft plan.
(10) The board must publish an invitation under subsection (9) on its website, and may give such other public notice of the invitation as the board may determine.
(11) An advertisement required under subsection (10) must— (a) identify the relevant region; and
(b) with respect to an invitation for submissions—state the name and address of the person to whom submissions must be sent and the time by which
submissions must be received; and
(c) with respect to an invitation to attend a public meeting—state the time and place at which the meeting will be held; and
(d) include an address at which copies of the plan may be inspected and purchased.
(12) Written submissions must be made to the board by a date specified by the board (being a date that is at least 2 months after the first publication of an invitation under subsection (10)).
Natural Resources Management Act 2004—1.7.2015
Chapter 4—NRM plans Part 2—Regional plans
Division 3—Preparation and maintenance of plans (13) A public meeting—
(a) will be held on a date specified by the board (being a date that is at least 14 days after the first publication of an invitation under subsection (10)); and (b) must be held at a time and place that will, in the opinion of the board, be
reasonably convenient for a majority of those persons who are likely to attend the meeting.
(14) The presiding member of the board will conduct the public meeting but if he or she is unable to attend then the board must appoint a suitable person to conduct the public meeting.
(15) A person who has conducted a public meeting must, as soon as practicable after the meeting has concluded, submit a written report to the board summarising the
comments made at the meeting by members of the public in relation to the draft plan. (16) The board must, after complying with the requirements of the preceding subsections,
prepare a report on the matters raised during consultation on the draft plan and on any recommended alterations to the plan.
(17) A report under subsection (16) must comply with any requirements prescribed by the regulations.
(18) The board must furnish the report prepared under subsection (16) to the Minister. (19) The board may, as part of the processes associated with subsections (16), (17)
and (18), amend the draft plan as the board thinks fit.
80—Submission of plan to Minister
(2) The Minister must, in considering a draft plan under this section, have regard to the submissions (if any) received from members of the public and to the reports of the person or persons who conducted any public meeting.
(3) After complying with subsection (2), the Minister may— (a) adopt the plan with or without amendment; or
(b) refer the plan back to the board for further consideration.
(4) The Minister must consult with the regional NRM board before making an amendment under subsection (3)(a).
(5) If the Minister adopts the plan with amendment, the Minister must give— (a) a copy of the plan as amended; or
(b) if it appears to the Minister that the part or parts of the plan that have been amended can conveniently be substituted in the draft plan—a copy of that part or those parts as amended,
to the board and to each constituent council.
(6) If the Minister refers the plan back to the board, it must prepare a new draft plan and follow the procedures as to consultation provided for by this Part in respect of the new draft.
(7) The Minister adopts a plan by signing a certificate endorsed on the plan that the Minister has adopted the plan.
1.7.2015—Natural Resources Management Act 2004
NRM plans—Chapter 4 Regional plans—Part 2 Preparation and maintenance of plans—Division 3 (8) If a plan prepared under Division 1 provides that the whole or part of the funds
required for implementation of the plan should comprise an amount to be raised under Chapter 5 (in this section referred to as a levy proposal) the Minister must, within 7 days after adopting the plan, refer the plan to the Natural Resources Committee of Parliament.
(9) The Natural Resources Committee must, after receipt of a plan under subsection (8)— (a) resolve that it does not object to the levy proposal; or
(b) resolve to suggest amendments to the levy proposal; or (c) resolve to object to the levy proposal.
(10) If, at the expiration of 28 days from the day on which the plan was referred to the Natural Resources Committee, the Committee has not made a resolution under subsection (9), it will be conclusively presumed that the Committee does not object to the levy proposal and does not propose to suggest any amendments to it.
(11) If an amendment is suggested under subsection (9)(b)— (a) the Minister may make the suggested amendment; or
(b) if the Minister does not make the suggested amendment, the Minister must report back to the Committee that he or she is not willing to make the amendment suggested by the Committee (in which case the Committee may resolve that it does not object to the levy proposal as originally adopted, or may resolve to object to the proposal).
(12) The Minister must act under subsection (11) within 28 days after receiving the suggested amendment from the Committee.
(13) If the Natural Resources Committee resolves to object to a levy proposal, the
Presiding Member of the Committee must ensure that a copy of the plan is laid before the House of Assembly.
(14) If the House of Assembly passes a resolution disallowing the levy proposal of a plan laid before it under subsection (13), the levy proposal ceases to have effect.
(15) A resolution is not effective for the purposes of subsection (14) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the plan was laid before the House of Assembly.
(16) If a resolution is passed under subsection (14), notice of the resolution must forthwith be published in the Gazette.