Commonwealth Consolidated Acts

WATER ACT 2007 - SECT 178

Appointment by instrument

  (1)   Each Authority member is to be appointed by the Governor - General by written instrument.

Note:   An Authority member may be reappointed: see section   33AA of the Acts Interpretation Act 1901 .

Eligibility for appointment

  (2)   To be eligible for appointment as an Authority member (other than as a standing Indigenous Authority member), an individual must, at the time of appointment:

  (a)   have a high level of expertise in one or more fields relevant to the Authority's functions; and

  (b)   not be a member of the governing body of a relevant interest group.

  (2A)   To be eligible for appointment as a standing Indigenous Authority member, an individual must be an Indigenous person who, at the time of appointment:

  (a)   has a high level of expertise in Indigenous matters relevant to Basin water resources; and

  (b)   is not a member of the governing body of a relevant interest group.

  (3)   For the purposes of this Act, a field relevant to the Authority's functions includes each of the following:

  (a)   water resource management;

  (b)   hydrology;

  (c)   freshwater ecology;

  (d)   resource economics;

  (e)   irrigated agriculture;

  (f)   public sector governance;

  (g)   financial management;

  (h)   Indigenous matters relevant to Basin water resources.

  (4)   For the purposes of this Act, an individual is a member of the governing body of a relevant interest group if:

  (a)   the individual is one of the persons involved in the management of another entity; and

  (b)   that other entity (whether incorporated or otherwise):

  (i)   represents one or more classes of holders of water access rights, water delivery rights or irrigation rights; or

  (ii)   advocates managing the Basin water resources in a particular way.

Basis of appointments

  (5)   The Chief Executive must be appointed on a full - time basis.

  (6)   An Authority member (other than the Chief Executive) must be appointed on a part - time basis.

Validation

  (7)   The appointment of an individual as an Authority member is not invalid because of a defect or irregularity in connection with the individual's appointment.

  (8)   An act of the Authority is not invalid because of a defect or irregularity in connection with the appointment of the Chief Executive, Authority Chair or any other member of the Authority.