Western Australian Consolidated Acts Western Australian Consolidated Acts (1) There shall be a
Council to be known as the “Soil and Land Conservation Council”
consisting of 11 members appointed by the Governor on the nomination of the
Minister.
(2) Of such
members —
(a) one
shall be the Commissioner ex officio ;
(b) one
shall be a person who is an officer of the Public Service of the State and is
employed in the Department of Agriculture 2 ;
(c) 3,
not including the member mentioned in paragraph (b), shall be persons
each of whom is an officer of the Public Service of the State or an officer of
the Commissioner of Main Roads appointed under the Main Roads Act 1930 ;
(d) one
shall be a person nominated on the recommendation of the Western Australian
Local Government Association or, in default of any such recommendation, by the
Minister personally as a representative of the interests of local governments;
(e)
subject to subsection (2b)(b), one shall be a person nominated by the
Minister from a panel of the names of persons eligible and willing to act as
members, submitted to the Minister for the purpose by the body known as the
Western Australian Farmers Federation (Inc.) in accordance with a request made
pursuant to subsection (2a);
(f)
subject to subsection (2b)(b), one shall be a person nominated by the
Minister from a panel of names of persons eligible and willing to act as
members, submitted to the Minister for the purpose by the body known as the
Pastoralists and Graziers Association of Western Australia in accordance with
a request made pursuant to subsection (2a);
(fa) one
shall be a person nominated by the Minister after consultation with such
voluntary conservation organizations as he thinks fit;
(g) 2
shall be persons actively engaged in agricultural, horticultural or pastoral
pursuits.
(2a) Not earlier than
90 days before the expiration of the term of office of a member referred
to in subsection (2)(e) or (f) the Minister shall, in writing, request
the body referred to in the appropriate paragraph to submit to him, in
writing, a panel containing the names of not fewer than 3 persons willing to
act as members of the Council.
(2b) Where a body has
been requested, pursuant to subsection (2a), to submit a panel of not
fewer than 3 names to the Minister, the Minister —
(a)
shall, if such a panel is submitted to him within 60 days of the body
receiving the request, nominate one of the persons whose names appear on the
panel for appointment to the office of member; and
(b) may,
if default is made within that time in submitting such a panel to him,
nominate for appointment to the office of member such person as he thinks fit,
and any person so nominated may be appointed as if he had been nominated in
accordance with paragraph (a).
(3) As far as may be
practicable the persons nominated for appointment shall be persons who have a
general or special knowledge of soil conservation problems.
(4) The Governor shall
appoint one of the members of the Council (other than the Commissioner) to be
the Chairperson thereof and one other of such members to be the Deputy
Chairperson.
(5) Subject to this
Act, every member of the Council (other than the ex officio member) shall hold
office for a term not exceeding 5 years, and subject to the terms and
conditions determined by the Governor at the time of the appointment of such
member.
(6) Every member of
the Council at the expiration of his term of office shall be eligible for
re-appointment.
(7) The Governor may
dismiss any member of the Council from his office if he has been guilty of any
act or conduct which in the opinion of the Governor renders him unfit to be a
member of the Council.
(8) The office of a
member of the Council shall become vacant if —
(a) he
dies;
(b) he
resigns by writing addressed to the Minister;
(c) he
is dismissed from office by the Governor.
(9) In the case of
vacancy arising in the office of any member of the Council the Governor may,
on the nomination of the Minister, appoint some eligible person to fill such
vacancy, and the person so appointed shall subject to this Act hold office for
the remainder of the term of office of the member in whose place he is
appointed.
[Section 9 amended by No. 67 of 1967
s. 3; No. 94 of 1972 s. 4 (as amended by No. 19 of 1973
s. 4); No. 40 of 1974 s. 5; No. 42 of 1982 s. 12;
No. 46 of 1988 s. 5; No. 91 of 1990 s. 7 and 16;
No. 47 of 1994 s. 4; No. 14 of 1996 s. 4; No. 46 of
2009 s. 17.]