Coorong Environmental Trust Act 2021

This Act may be cited as the Coorong Environmental Trust

Act 2021.

This Act will come into operation 3 months after the day on which it is assented to by the Governor.

In this Act, unless the contrary intention appears—

board means the board of directors established as the governing body of the Trust under

Part 3;

Coorong means—

the Coorong and Lakes Alexandrina and Albert Wetland, as designated by the Commonwealth under Article 2 of the Ramsar Convention for inclusion in the List of Wetlands of International Importance;

any other land, waterway or area designated by the Minister by notice in the Gazette;

director means a person appointed as a member of the board under Part 3;

Ngarrindjeri Aboriginal Corporation means the

Ngarrindjeri Aboriginal Corporation that is a registered native title body corporate within the meaning of the Native Title Act 1993 of the

Commonwealth and includes its successors and assigns;

waterway means a river, creek or other natural watercourse (whether modified or not) in which water is contained or flows whether permanently or from time to time and includes—

a dam or reservoir that collects water flowing in a watercourse;

and

a lake through which water flows; and

a channel (but not a channel declared by regulation to be excluded from the ambit of this definition) into which the water of a watercourse has been diverted; and

part of a watercourse; and

an estuary through which water flows;

Trust means the Coorong Environmental Trust established under Part 2.

The Coorong Environmental Trust is established.

The Trust—

is a body corporate; and

has perpetual succession and a common seal; and

is capable of suing and being sued in its corporate name.

There will be a Trust constituted of members representing organisations with a professional, financial, physical or legal commitment to the ecological wellbeing of the Coorong.

The initial members of the Trust will be appointed by the

Minister.

Thereafter, persons representing organisations with a professional, financial, physical or legal commitment to the ecological wellbeing of the

Coorong may be admitted as members of the Trust by resolution of the Trust or as provided by the rules of the Trust.

Before a person representing an organisation may be appointed by the Minister under subsection (2) or admitted as a member under subsection (3), the person must sign a statement on behalf of the organisation declaring its commitment to the ecological wellbeing of the Coorong.

A person ceases to be a member of the Trust in any of the following circumstances or as otherwise provided by this Act:

if the Trust resolves that the membership should be discontinued—

on the ground that the member has ceased on a permanent basis to—

represent an organisation with a professional, financial, physical or legal commitment to the ecological wellbeing of the Coorong that gives rise to their entitlement to membership; or

provide assistance toward the functions, upkeep and administration of the Trust in accordance with the rules of the Trust; or

on any other reasonable ground determined by the

Trust;

if the member resigns;

on death;

if the organisation that the member represents is dissolved.

The presiding member of the board will be the presiding member of the Trust and the deputy presiding member of the board (if any) will be the deputy presiding member of the Trust.

The deputy presiding member of the Trust may act as the presiding member in the absence of the presiding member or during a vacancy in the office of presiding member.

If there is no deputy presiding member, a person selected by the board may act as the presiding member in the absence of the presiding member or during a vacancy in the office of presiding member.

Membership of the Trust does not confer on a member, except as may be provided by this Act, any right, title or interest in any real or personal property of the Trust.

Except as provided by this Act, a member of the Trust is not liable to contribute towards the payment of the debts and liabilities of the Trust or the costs, charges and expenses of a winding up of the

Trust.

A meeting of the Trust may be called at any time by the presiding member, by the board of the Trust, or by at least 10% of the voting members of the Trust.

The presiding member must call a meeting of the Trust (the annual general meeting) at least once in each year.

At least 7 days written notice specifying the time and place of each meeting must be given to every member of the Trust (subject to any other requirements under another provision of this

Act).

The presiding member will preside at meetings of the Trust or, in the presiding member's absence, a member chosen by the members present will preside.

A quorum for a meeting of the Trust is—

one‑third of the voting members of the Trust or

10 voting members, whichever is the smaller number; or

such other number as the Trust may from time to time determine.

When determining whether a quorum is present at a meeting, both voting members who are present at the meeting and those who are represented at the meeting for the purposes of voting will be counted.

Subject to this Act, a resolution will be carried if the value of the votes supporting it exceeds the value of the votes against it but if the values are equal the resolution will be carried if it is supported by the person presiding at the meeting.

21 days notice must be given of a resolution that varies or revokes a decision made by resolution of the Trust within the preceding

12 months.

Subject to this Act, the Trust may determine its own procedures.

The Trust must keep minutes of its proceedings.

Subject to this section, a member of the Trust is entitled to vote at meetings of the Trust.

A member may nominate another person to attend and vote at meetings on the member's behalf.

A nomination referred to in subsection (2) must be made by written notice to the

Trust and may be revoked by the member, or all of the members, by subsequent written notice to the Trust.

If a person who is not a member of the Trust has been nominated by a member or members to attend and vote at a meeting of the Trust, that person must be regarded as a member of the Trust for the purposes of proceedings at the meeting.

The Trust must prepare, adopt and maintain a set of rules relating to the membership, management and operations of the

Trust.

The Trust must ensure that a copy of the Trust rules (as in force from time to time) is published on a website determined by the

Trust.

A board of management of the Trust will carry out the day to day operations of the Trust and manage its general affairs.

The board will consist of 7 persons (who will be called

directors) of whom—

5 will be members of the Trust holding office in accordance with this Act; and

2 will be persons appointed by the Minister for a term and on conditions determined by the Minister.

The Trust may initially appoint 5 members of the Trust as directors, who will hold office until directors are elected under section 12.

Appointments and elections of directors to the board must be conducted so as to ensure that—

1 director is a representative of the Ngarrindjeri Aboriginal

Corporation; and

1 director is an employee in an administrative unit of the Public

Service that is responsible, under a Minister, for assisting in the administration of this Act; and

5 directors among them have knowledge of, and experience in, the fields of finance or business management, biological science, fisheries, community education, hydrology or geomorphology, and engineering.

The Trust board may appoint—

a suitable person who is a representative of the Ngarrindjeri

Aboriginal Corporation to be the deputy of the director referred to in subsection (4)(a); and

a suitable person who is an employee in an administrative unit of the Public Service that is responsible, under a Minister, for assisting in the administration of this Act to be the deputy of the director referred to in subsection (4)(b), and the deputy may perform or exercise the functions and powers of the relevant director in their absence.

On the office of a director becoming vacant, a person may be appointed in accordance with this Act to the vacant office.

Subject to this section, a director (other than a director appointed by the Minister) will be elected at the annual general meeting of the

Trust.

A member of the Trust is not eligible for election as a director if the member—

is an undischarged bankrupt or is taking the benefit of a law for the relief of insolvent debtors; or

is an employee of the Trust; or

is a member who is not entitled to vote at a meeting of the Trust;

or

is a member who is not entitled to be a director of the board under the rules of the Trust or on account of a resolution of the

Trust.

Subject to this section, a director will hold office for a term of

2 years (with each period between the annual general meetings of the

Trust to be taken to be 1 year) and, at the expiration of a term of office, will be eligible for re‑election.

The office of a director becomes vacant if the person holding the office—

dies; or

completes a term of office and is not re‑elected;

or

resigns by written notice to the board; or

ceases to be eligible for election as a director of the board under subsection (2); or

is convicted of an indictable offence; or

is found guilty of an offence against section 15; or

is removed from office under section 13.

If a casual vacancy occurs in the office of a director, the remaining directors may appoint a person to the vacant office for the balance of the former director's term of office.

A director is entitled to remuneration, allowances and expenses determined or approved by the Trust.