South Australia
National Parks and Wildlife (Vulkathunha—Gammon Ranges National Park) Regulations 2005
under the National Parks and Wildlife Act 1972

Contents
Preamble
Part 1—Preliminary
1	Short title
2	Commencement
3	Interpretation
Part 2—Vulkathunha—Gammon Ranges National Park Co‑management Board
4	Establishment of co-management board
5	Composition of Board
6	Terms and conditions
7	Chairperson and Deputy Chairperson
8	Vacancies or defects in appointment of members
9	Remuneration
10	Functions and powers of Board
11	Delegations
12	Board's procedures
13	Minister may call meetings
14	Suspension of Board (section 43I of the Act)
15	Conflict of interest
16	Annual report (section 43L of the Act)
Schedule 1—Related amendment and transitional provision
Part 1—Preliminary
1	Variation provisions
Part 2—Variation of National Parks and Wildlife (National Parks) Regulations 2001
2	Variation of regulation 4—Interpretation
3	Variation of regulations 7 to 43
Part 3—Transitional provision
4	Transitional provision
Legislative history

Preamble
1	Gammon Ranges National Park was constituted as a national park by statute on 27 April 1972.
2	The name of the national park was altered to Vulkathunha—Gammon Ranges National Park by proclamation on 29 May 2003.
3	The Adnyamathanha people have a traditional association with the land constituting the national park.
4	It is now intended that the national park be co-managed pursuant to a co-management agreement under the National Parks and Wildlife Act 1972 between the Minister and the Adnyamathanha Traditional Lands Association (Aboriginal Corporation) representing the Adnyamathanha people.

Part 1—Preliminary
1—Short title
These regulations may be cited as the National Parks and Wildlife (Vulkathunha—Gammon Ranges National Park) Regulations 2005.
2—Commencement
These regulations will come into operation on 15 December 2005.
3—Interpretation
In these regulations, unless the contrary intention appears—
Act means the National Parks and Wildlife Act 1972;
Adnyamathanha genealogy means the Adnyamathanha genealogy prepared in September 1985 by Christine Davis and Pearl McKenzie;
Adnyamathanha person means an Aboriginal person who is named in the Adnyamathanha genealogy, or a descendant (whether biological or adopted) of such a person;
ATLA means the Adnyamathanha Traditional Lands Association (Aboriginal Corporation) incorporated under the Aboriginal Councils and Associations Act 1976 of the Commonwealth;
Board means the Vulkathunha—Gammon Ranges National Park Co-management Board established by regulation 4;
co-management agreement means the co-management agreement for the Vulkathunha—Gammon Ranges National Park;
Department means the administrative unit that is responsible for the administration of the National Parks and Wildlife Act 1972;
Minister means the Minister to whom the administration of the National Parks and Wildlife Act 1972 is committed;
Park means the Vulkathunha—Gammon Ranges National Park.

Part 2—Vulkathunha—Gammon Ranges National Park Co‑management Board
4—Establishment of co-management board
The Vulkathunha—Gammon Ranges National Park Co-management Board is established as the co-management board for the Park.
5—Composition of Board
	(1)	Subject to subregulation (2), the Board consists of 8 members appointed by the Minister of whom—
	(a)	4 must be Adnyamathanha people appointed on the nomination of ATLA; and
	(b)	3 must be officers of the Department, of whom—
	(i)	1 must be the person for the time being holding the office of Regional Conservator for the region in which the Park is located (or the person for the time being performing the functions of the Regional Conservator for that region); and
	(ii)	1 must be a person with qualifications or substantial experience in the field of ecology or a related field; and
	(c)	1 must be a person nominated by the Minister who has qualifications or experience that may, in the opinion of the Minister, be of benefit to the Board.
	(2)	If ATLA refuses or fails to nominate an Adnyamathanha person in relation to a particular office under subregulation (1)(a), the Minister may appoint a suitable Adnyamathanha person to fill the office.
	(3)	At least 1 member of the Board must be a woman and 1 a man.
	(4)	The Minister may appoint a person to be a deputy of a member appointed under subregulation (1) and a person so appointed may act as a member of the Board in the absence of the member.
	(5)	The requirements of qualification made by this regulation in relation to an appointment of a member extend to an appointment of a deputy of that member.
6—Terms and conditions
	(1)	A member of the Board will be appointed on conditions determined by the Minister and for a term, not exceeding 4 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.
	(2)	The Minister may remove a member of the Board from office—
	(a)	for breach of, or non-compliance with, a condition of appointment; or
	(b)	for misconduct; or
	(c)	for failure or incapacity to carry out official duties satisfactorily.
	(3)	However, the Minister may only remove a member of the Board who is an Adnyamathanha person after consultation with ATLA.
	(4)	The office of a member of the Board becomes vacant if the member—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice to the Minister; or
	(d)	ceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Board; or
	(e)	is removed from office under subregulation (2).
	(5)	If a casual vacancy occurs in the office of a member, the Minister may appoint a suitable person to fill the vacancy, and that person will hold office for the balance of the term of his or her predecessor.
7—Chairperson and Deputy Chairperson
The Minister must appoint 2 of the members of the Board as Chairperson and Deputy Chairperson of the Board respectively.
8—Vacancies or defects in appointment of members
An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.
9—Remuneration
A member of the Board (other than a member appointed under regulation 5(1)(b) or a member appointed under regulation 5(1)(c) who is a member of the Public Service) is entitled to remuneration, allowances and expenses determined by the Minister.
10—Functions and powers of Board
	(1)	The functions of the Board are—
	(a)	to carry out the functions assigned to the Board by or under the National Parks and Wildlife Act 1972; and
	(b)	to carry out the functions assigned to the Board by the co-management agreement; and
	(c)	to carry out other functions assigned to the Board by the Minister.
	(2)	The Board has the power to do anything necessary, expedient or incidental to the performance of its functions.
	(3)	Without limiting the generality of subsection (2), the Board may enter into any form of contract, agreement or arrangement.
	(4)	The Board must perform its functions, or exercise a power, in a manner that is consistent with the co-management agreement.
11—Delegations
	(1)	The Board may delegate any of its functions or powers (other than this power of delegation)—
	(a)	to a member of the Board; or
	(b)	to an officer of the Department.
	(2)	A delegation—
	(a)	must be in writing; and
	(b)	may be made subject to conditions and limitations specified in the instrument of delegation; and
	(c)	is revocable at will and does not derogate from the power of the Board to act in a matter.
12—Board's procedures
	(1)	Subject to these regulations, 6 members (of whom at least 3 must be Adnyamathanha people and at least 3 must be members appointed under regulation 5(1)(b) or (c)) constitute a quorum of the Board.
	(2)	The Board must meet at least once in each quarter.
	(3)	A meeting of the Board will be chaired by the Chairperson or, in the absence of the Chairperson, by the Deputy Chairperson or, in the absence of both, the members present at a meeting of the Board must choose 1 of their number to preside at the meeting.
	(4)	Subject to this regulation, a decision carried by a majority of the votes cast by members of the Board at a meeting is a decision of the Board.
	(5)	Each member present at a meeting of the Board has 1 vote on any question arising for decision.
	(6)	If the Board is unable to decide a question arising for decision, the question must be referred to the Minister for decision (and the decision of the Minister will be taken to be a decision of the Board).
	(7)	In making a decision under subregulation (6), the Minister—
	(a)	must have regard to any written submission made by ATLA that is received by the Minister not more than 30 days after the date of the meeting at which the Board was unable to decide the question; and
	(b)	may have regard to any other matter the Minister thinks fit.
	(8)	The Minister may direct the Board to implement, or cause to be implemented, a decision of the Minister under subregulation (6).
	(9)	A conference by telephone or other electronic means between the members of the Board will, for the purposes of this regulation, be taken to be a meeting of the Board at which the participating members are present if—
	(a)	notice of the conference is given to all members in the manner determined by the Board for the purpose; and
	(b)	each participating member is capable of communicating with every other participating member during the conference.
	(10)	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 members of the Board in accordance with procedures determined by the Board; and
	(b)	a majority comprised of not less than 6 members (of whom at least 3 must be Adnyamathanha people and at least 3 must be members appointed under regulation 5(1)(b) or (c)) express concurrence in the proposed resolution by letter, telegram, telex, facsimile transmission, electronic mail or other written communication setting out the terms of the resolution.
	(11)	The Board must have accurate minutes kept of its meetings.
	(12)	Subject to these regulations, the Board may determine its own procedures.
	(13)	In this regulation, quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October of any year.
13—Minister may call meetings
	(1)	If—
	(a)	the Chairperson refuses or fails to call a meeting of the Board within 4 months after the previous meeting; or
	(b)	2 or more successive meetings are inquorate,
then the Minister may call a meeting of the Board.
	(2)	The Minister may direct the members of the Board to attend a meeting called under subregulation (1).
14—Suspension of Board (section 43I of the Act)
	(1)	Subject to this regulation, during the period of any suspension of the Board under section 43I, the Park—
	(a)	is under the control of the Minister; and
	(b)	is under the management of the Director.
	(2)	The Minister and the Director must, during any period of suspension of the Board, endeavour, where appropriate, to give effect to the objects set out in section 43E of the Act.
15—Conflict of interest
	(1)	A member of the Board who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Board—
	(a)	must, as soon as reasonably practicable, disclose in writing to the Board full and accurate details of the interest; and
	(b)	must not take part in any discussion by the Board relating to that matter; and
	(c)	must not vote in relation to that matter; and
	(d)	must be absent from the meeting room when any such discussion or voting is taking place.
Maximum penalty: $2 000.
	(2)	This regulation does not apply to a member of the Board—
	(a)	in respect of an interest that is shared in common with Adnyamathanha people generally, or a substantial section of Adnyamathanha people; and
	(b)	in relation to a matter in which the member has an interest while the member remains unaware that he or she has an interest in the matter (but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest).
	(3)	The Minister may, by notice published in the Gazette, exempt a member (conditionally or unconditionally) from the application of a provision of this regulation, and may, by further notice published in the Gazette, vary or revoke such an exemption.
	(4)	Non-compliance by a member with a duty imposed by this regulation constitutes a ground for removal of the member from office.
	(5)	If a member or former member is convicted of an offence for a contravention of this regulation, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the Minister—
	(a)	if the court is satisfied that the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and
	(b)	if the court is satisfied that any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.
	(6)	If a member or former member is guilty of a contravention of this regulation, the Minister may (whether or not proceedings have been brought for the offence) recover from the person by action in a court of competent jurisdiction—
	(a)	if the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and
	(b)	if any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.
16—Annual report (section 43L of the Act)
For the purposes of section 43L of the Act, the annual report of the Board must include the following:
	(a)	information relating to traditional hunting activities in the Park carried out in accordance with section 68D of the National Parks and Wildlife Act 1972;
	(b)	information relating to the effect of traditional hunting activities in the Park carried out in accordance with section 68D of the National Parks and Wildlife Act 1972 on native plants and protected animals, or the eggs of protected animals (and in particular those species that are scheduled as rare, endangered or vulnerable under the National Parks and Wildlife Act 1972);
	(c)	information relating to the operations and work programs undertaken by or on behalf of the Board;
	(d)	information relating to Park infrastructure;
	(e)	any other information required by the Minister.

Schedule 1—Related amendment and transitional provision
Part 1—Preliminary
1—Variation provisions
In this Schedule, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of National Parks and Wildlife (National Parks) Regulations 2001
2—Variation of regulation 4—Interpretation
	(1)	Regulation 4, definition of permit—delete "Director" and substitute:
relevant authority
	(2)	Regulation 4—after the definition of permit insert:
relevant authority means—
	(a)	in relation to a co-managed park for which there is a co-management board—the co-management board for the park; or
	(b)	in any other case—the Director.
	(3)	Regulation 4—after its present contents (now to be designated as subregulation (1)) insert:
	(2)	If the co-management board for a co-managed park is suspended under section 43I of the Act, a reference in these regulations to the relevant authority will be taken to be a reference to the Director.
3—Variation of regulations 7 to 43
Regulations 7 to 43 (inclusive)—delete "Director" wherever occurring and substitute in each case:
relevant authority
Part 3—Transitional provision
4—Transitional provision
A licence, permit or written permission issued under the Act or the National Parks and Wildlife (National Parks) Regulations 2001 in relation to the Park, or any other licence, permit, written permission or agreement issued or entered by the Minister in relation to the land constituting the Park, continues in force in accordance with its terms.

Legislative history
Notes
	•	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.
Revocation of regulations
The National Parks and Wildlife (Vulkathunha—Gammon Ranges National Park) Regulations 2005 were revoked by Sch 1 cl 1(d) of the National Parks and Wildlife (Co-management Boards) Regulations 2016 on 22.1.2017.
Principal regulations
Year	No	Reference	Commencement	
2005	279	Gazette 15.12.2005 p4364	15.12.2005: r 2