South Australia: South Australian Forestry Corporation Act 2000 (SA)

South Australia South Australian Forestry Corporation Act 2000 An Act to provide for the management of public plantation forests; to establish the South Australian Forestry Corporation; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Object 4 Interpretation Part 2—Corporation 5 Establishment of South Australian Forestry Corporation 6 Application of Public Corporations Act 1993 7 Functions of Corporation 8 Powers of Corporation 9 Common seal and execution of documents Part 3—Board 10 Establishment of board 11 Conditions of membership 12 Vacancies or defects in appointment of directors 13 Remuneration 14 Board proceedings Part 4—Staff 15 Staff of Corporation Part 5—Miscellaneous 16 Delegation to Corporation 17 Payment of rates 18 Regulations Schedule 1—Transitional provisions 1 Interpretative provision 2 Vesting of property, rights etc in Corporation 3 Application of Real Property Act 4 Transfer of staff 5 Appointment of first chief executive 6 Annual report Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the South Australian Forestry Corporation Act 2000. 3—Object The object of this Act is to establish a statutory corporation as a business enterprise with the principal responsibility of managing plantation forests for the benefit of the people and economy of the State. 4—Interpretation In this Act, unless the contrary intention appears— board means the board of directors established as the governing body of the Corporation under Part 3; Corporation means South Australian Forestry Corporation established under Part 2; director means a member of the board under Part 3 and includes a person appointed as an acting director under that Part. Part 2—Corporation 5—Establishment of South Australian Forestry Corporation (1) South Australian Forestry Corporation is established. (2) The Corporation— (a) has perpetual succession and a common seal; and (b) is capable of suing and being sued in its corporate name; and (c) has the functions and powers assigned or conferred by or under this or any other Act. 6—Application of Public Corporations Act 1993 The Corporation is a statutory corporation to which the provisions of the Public Corporations Act 1993 apply. 7—Functions of Corporation The Corporation has the following functions: (a) to manage plantation forests for commercial production; and (b) to encourage and facilitate regionally based economic activities based on forestry and other industries; and (c) to conduct research related to the growing of wood for commercial purposes; and (d) any other function conferred on the Corporation by this Act, any other Act or the Minister or delegated to the Corporation by the Minister. 8—Powers of Corporation (1) The Corporation has all the powers of a natural person together with the powers specifically conferred on it by this or any other Act. (2) The Corporation may exercise its powers within or outside the State. 9—Common seal and execution of documents (1) The common seal of the Corporation must not be affixed to a document except in pursuance of a decision of the board, and the affixing of the seal must be attested by the signatures of 1 or more directors. (2) The Corporation may, by instrument under its common seal, authorise a director, an employee of the Corporation (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Corporation subject to conditions and limitations (if any) specified in the instrument of authority. (3) Without limiting subsection (2), an authority may be given so as to authorise two or more persons to execute documents jointly on behalf of the Corporation. (4) A document is duly executed by the Corporation if— (a) the common seal of the Corporation is affixed to the document in accordance with this section; or (b) the document is signed on behalf of the Corporation by a person or persons in accordance with an authority conferred under this section. Part 3—Board 10—Establishment of board (1) A board of directors is established as the governing body of the Corporation. (2) The board consists of up to 5 members appointed by the Governor. (3) A person is eligible for appointment as a member of the board if, in the Minister's opinion, the person has appropriate qualifications, experience or expertise to effectively perform the functions of a director of the Corporation. (4) The Governor may appoint a director to chair meetings of the board. (5) The Governor may appoint an acting director to act in the office of a director and a person so appointed has, while so acting, all the functions and powers of the director. (6) An acting director may act in the office of a director— (a) while— (i) the director is unable to perform the functions of a director under this Act; or (ii) the office of the director is vacant, but not on a continuous basis for more than 6 months; or (b) if the director is disqualified from acting in relation to a particular matter—in relation to that matter. (7) The terms and conditions of appointment as an acting director will be as determined by the Governor. (8) On the office of a director becoming vacant, a person may be appointed under this section to the vacant office. 11—Conditions of membership (1) A director (other than an acting director) will be appointed for a term, not exceeding three years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment. (2) The Governor may remove a director from office on the recommendation of the Minister. (3) The Minister may recommend the removal of a director on any ground that the Minister considers sufficient. (4) The office of a director becomes vacant if the director— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or (e) is convicted of an indictable offence or sentenced to imprisonment for an offence; or (f) is removed from office under subsection (2). 12—Vacancies or defects in appointment of directors An act of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a director. 13—Remuneration A director is entitled to be paid from the funds of the Corporation such remuneration, allowances and expenses as may be determined by the Minister. 14—Board proceedings (1) A quorum of the board consists of a majority of the directors in office for the time being. (2) If a director has been appointed to chair meetings of the board, that director will preside at each meeting of the board at which he or she is present. (3) A director chosen by the directors present at a meeting of the board will preside at the meeting if— (a) the director appointed to chair meetings of the board is absent from the meeting; or (b) no director has been appointed to chair meetings of the board. (4) A decision carried by a majority of the votes cast by directors at a meeting is a decision of the board. (5) Each director present at a meeting of the board has one vote on any question arising for decision and, if the votes are equal, the director presiding at the meeting may exercise a casting vote. (6) A conference by telephone or other electronic means between directors will, for the purposes of this section, be taken to be a meeting of the board at which the participating directors are present if— (a) notice of the conference is given to all directors in the manner determined by the board for that purpose; and (b) each participating director is capable of communicating with every other participating director during the conference. (7) A proposed resolution of the board becomes a valid decision of the board despite the fact that it is not voted on at a meeting of the board if— (a) notice of the proposed resolution is given to all directors in accordance with procedures determined by the board; and (b) a majority of the directors express their concurrence in the proposed resolution by letter, telex, facsimile transmission or other written communication setting out the terms of the resolution. (8) The board must cause accurate minutes to be kept of its proceedings. (9) Subject to this Act, the board may determine its own procedures. Part 4—Staff 15—Staff of Corporation (1) The chief executive of the Corporation will be appointed by the board with the approval of the Minister on terms and conditions approved by the Minister. (2) The Corporation may appoint such other employees as it thinks necessary or desirable. (3) Subject to subsection (4), an employee's appointment will be on terms and conditions fixed by the Corporation in consultation with the Commissioner for Public Sector Employment. (4) The Corporation must not, in fixing terms and conditions of employment by the Corporation, discriminate against employees appointed after the commencement of this Act by appointing them on terms and conditions that are less favourable than those applying to employees transferred to the Corporation's employment in accordance with Schedule 1. (5) The Corporation is declared not to be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth. Part 5—Miscellaneous 16—Delegation to Corporation (1) The Minister may delegate any of the Minister's powers or functions under any Act to the Corporation. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated by the Corporation. (3) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in any matter; and (d) is revocable at will by the delegator. 17—Payment of rates (1) Despite the provisions of the Local Government Act 1999, the Corporation is liable to pay rates, in respect of land managed by the Corporation for commercial purposes, to a council in accordance with that Act as if the Corporation owned a freehold estate in the land and were not an instrumentality of the Crown. (2) A council must, after consultation with the Corporation, apply half of any amounts received from the Corporation in accordance with this section towards the maintenance or upgrading of roads affected by the Corporation's operations. (3) Section 29(2)(b) of the Public Corporations Act 1993 does not apply in relation to the Corporation. 18—Regulations The Governor may make such regulations as are necessary or expedient for the purposes of this Act. Schedule 1—Transitional provisions 1—Interpretative provision The Governor may, by proclamation, declare that a reference in an Act or instrument to a Minister is a reference to the Corporation and the proclamation has effect in accordance with its terms. 2—Vesting of property, rights etc in Corporation (1) Subject to the Forestry Act 1950, as amended by Schedule 2, the Corporation succeeds to all the property, rights, powers, liabilities and obligations of the Minister arising from the operation of the Forestry Act 1950 as in force before the commencement of Schedule 2. (2) A certificate executed by the Minister certifying that any specified property, right, power, liability or obligation has vested in the Corporation by virtue of this clause is to be taken to be conclusive evidence of the matter so certified. (3) An apparently genuine document purporting to be a certificate of the Minister under subclause (2) is to be presumed to be such a certificate in the absence of proof to the contrary. (4) Despite section 29(1) of the Public Corporations Act 1993, where property vests by virtue of this clause in the Corporation, the vesting of the property, and any instrument evidencing or giving effect to that vesting, are exempt from stamp duty. 3—Application of Real Property Act (1) The Registrar-General must, on the application of the Corporation, register the Corporation as the proprietor of an estate in land that has vested in the Corporation under this Schedule. (2) An instrument relating to land that has vested in the Corporation under this Schedule must, if the instrument is executed by the Corporation and is otherwise in registrable form, be registered by the Registrar-General despite the fact that the Corporation has not been registered as the proprietor of the land under subclause (1). 4—Transfer of staff (1) The Minister may, at any time within the period of three months immediately following the commencement of this Schedule, transfer specified employees of the Department, or employees of the Department of a specified class, to the employment of the Corporation. (2) An employee transferred under subclause (1) to the employment of the Corporation will have rights, obligations and liabilities in respect of his or her employment with the Corporation that are the same as or equivalent to those that would apply if— (a) the unit, within the Department for Administrative and Information Services, known as ForestrySA continued as a unit within the Public Service; and (b) the employee continued as an employee of the Department. (3) Subclause (2) applies to an employee transferred to the employment of the Corporation subject to any industrial or enterprise award, determination or agreement that may become binding on the Corporation after the transfer. (4) In this clause— employee of the Department means— (a) a person employed in the Public Service in the Department for Administrative and Information Services; or (b) an employee of the Crown (other than a person employed in the Public Service) who is subject to the direction of the chief executive of the Department for Administrative and Information Services in that employment. 5—Appointment of first chief executive (1) The first appointment to the position of chief executive of the Corporation is to be made by the Minister (but, on such an appointment having been made, the person so appointed will be taken to be an employee of the Corporation). (2) Any subsequent appointment to the position of chief executive of the Corporation is to be made by the board under Part 4. 6—Annual report The Corporation's report to the Minister on its operations during a financial year may incorporate a report on the operations of the unit, within the Department for Administrative and Information Services, known as ForestrySA during that financial year. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation amended by principal Act The South Australian Forestry Corporation Act 2000 amended the following: Forestry Act 1950 Local Government (Forestry Reserves) Act 1944 Principal Act and amendments New entries appear in bold. Year|No|Title|Assent|Commencement| 2000|58|South Australian Forestry Corporation Act 2000|20.7.2000|1.1.2001 (Gazette 16.11.2000 p3196)| 2009|58|Statutes Amendment (National Industrial Relations System) Act 2009|26.11.2009|Pt 13 (s 41)—1.1.2010 (Gazette 17.12.2009 p6351)| 2009|84|Statutes Amendment (Public Sector Consequential Amendments) Act 2009|10.12.2009|Pt 137 (s 313)—1.2.2010 (Gazette 28.1.2010 p320)| 2015|8|Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015|18.6.2015|Pt 32 (ss 194—198)—1.7.2015 (Gazette 25.6.2015 p3076)| Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision|How varied|Commencement| Long title|amended under Legislation Revision and Publication Act 2002|| Pt 1||| s 2|omitted under Legislation Revision and Publication Act 2002|| s 4||| director|substituted by 8/2015 s 194|1.7.2015| Pt 2||| s 9||| s 9(1)|amended by 8/2015 s 195|1.7.2015| Pt 3||| s 10|substituted by 8/2015 s 196|1.7.2015| s 11||| s 11(1)|amended by 8/2015 s 197|1.7.2015| s 14||| s 14(1)—(3)|substituted by 8/2015 s 198|1.7.2015| Pt 4||| s 15||| s 15(3)|amended by 84/2009 s 313|1.2.2010| s 15(5)|inserted by 58/2009 s 41|1.1.2010| Sch 2|omitted under Legislation Revision and Publication Act 2002|| Historical versions 1.1.2010|| 1.2.2010||