South Australian Consolidated Acts South Australian Consolidated Acts9—Functions and powers of Minister
(1) The functions of
the Minister under this Act are—
(a) to
prepare the Implementation Strategy; and
(b) to
undertake a role in the development of statutory instruments that are to have
application within the Murray-Darling Basin; and
(c) to
provide advice with respect to the approval of activities proposed to be
undertaken within the Murray-Darling Basin that may have an impact on the
River Murray; and
(d) to
consult with relevant persons, bodies or authorities, including indigenous
peoples with an association with the River Murray, and with the wider
community, about the goals or outcomes that should be adopted or pursued in
order to achieve or advance the objects of this Act and the ORMs; and
(e) as
far as reasonably practicable and appropriate—
(i)
to act to integrate the administration of this Act with
the administration of other legislation that may affect the River Murray; and
(ii)
to promote the integration or co-ordination of policies,
programs, plans and projects developed, administered or undertaken by other
persons, bodies or authorities insofar as they are relevant to the protection,
improvement or enhancement of the River Murray; and
(f) to
institute, supervise or promote programs to protect, maintain or improve the
River Murray; and
(g) to
undertake monitoring programs to collect data on the state of the River Murray
and other relevant information, and to assess and apply other information
relevant to the River Murray obtained from other programs or sources; and
(h) to
conduct or promote research and public education in relation to the
protection, improvement or enhancement of the River Murray; and
(i)
to keep the state of the River Murray under review; and
(j) to
keep—
(i)
the operation of this Act under review; and
(ii)
the operation of any related operational Act under
review, insofar as may be relevant to the River Murray or to securing the
objects of this Act; and
(k) to
consider, as the Minister thinks fit—
(i)
whether it is necessary or desirable to amend any Act
(including this Act), or to modify any legislative policies or administrative
practices (whether under this or any other Act) in order to advance the
objects of this Act and the ORMs; or
(ii)
whether additional Acts should be prescribed as
related operational Acts for the purposes of this Act,
and to make recommendations in relation to these matters; and
(l) to
assess the extent to which the objects of this Act are being considered in the
administration of other relevant Acts; and
(m) to
undertake the enforcement of this Act, especially in relation to the
general duty of care; and
(n) such
other functions assigned to the Minister by or under this or any other Act.
(2) The
Minister—
(a) must
consult with prescribed persons, bodies or authorities when acting in
prescribed circumstances; and
(b)
should, when consulting with indigenous peoples under subsection (1)(d),
give special consideration to their particular needs; and
(c)
should, when consulting with other people, give consideration to any special
needs that they may have in the circumstances.
(4) The Minister
should adopt a leadership role in relation to the management of the
Murray-Darling Basin.
(5) The Minister has
the power to do anything necessary, expedient or incidental to—
(a)
performing the functions of the Minister under this Act; or
(b)
administering this Act; or
(c)
furthering the objects of this Act or the ORMs; or
(d)
furthering the objects of the Murray-Darling Basin Act 2008 or giving
effect to the terms or requirements of the Murray-Darling Basin Agreement; or
(e)
furthering the purposes of the Basin Plan under the Water Act 2007 of the
Commonwealth.
(6) Without limiting
the operation of subsection (5), the Minister may—
(a)
enter into any form of contract, agreement or arrangement; and
(b)
acquire, hold, deal with and dispose of real and personal property or any
interest in real or personal property; and
(c)
carry out projects in relation to the River Murray (including projects that
are relevant to the implementation or operation of the Murray-Darling Basin
Agreement, any resolution of the Ministerial Council under that agreement or
the Basin Plan under the Water Act 2007 of the Commonwealth); and
(d)
provide for the care, control, management, conservation or preservation of any
land within the Murray-Darling Basin; and
(e) act
in conjunction with any other person or authority.