Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) ACT - SECT 97

97. (1) The Heritage Council is constituted by—

        (a)     the Chief Planner and the Conservator as ex-officio members; and

        (b)     not more than 9 other members appointed by the Minister in writing.

(2) An ex-officio member shall not vote on any question in relation to an interim Heritage Places Register.

(3) The performance of the functions or the exercise of the powers of the Heritage Council is not affected by reason only of a vacancy or vacancies in the membership of the Heritage Council.

Deputy ex-officio members

98. (1) The Minister may, in writing, appoint a person to be the deputy of an ex-officio member.

(2) In the absence of a member from a Heritage Council meeting, any person appointed under subsection (1) to be the member's deputy has all the powers of the member.

Expert appointments

99. (1) In making appointments under paragraph 97 (1) (b) or subsection 98 (1) or 107 (1), the Minister shall endeavour to ensure that the following disciplines and areas of expertise are represented amongst the appointed members of the Heritage Council:

        (a)     archaeology;

        (b)     Aboriginal tradition;

        (c)     local history;

        (d)     town planning;

        (e)     engineering;

        (f)     architectural history and conservation;

        (g)     landscape architecture;

        (h)     the natural environment and its conservation;

        (j)     archivism;

        (k)     librarianship;

        (m)     preservation of Australian material culture;

        (n)     knowledge of objects in an Australian context.

(2) A retiring appointed member is eligible for re-appointment for 1 term initially, and for a further 2 terms after the expiration of 3 years following the expiration of the initial re-appointment.

Terms of appointment

100. (1) Members hold office as part-time members.

(2) An appointed member holds office—

        (a)     for such period, not exceeding 3 years, as is specified in the instrument of appointment; and

        (b)     on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined in writing by the Minister.

Chairperson, Deputy Chairperson and Secretary

101. (1) The Minister shall appoint from the members—

        (a)     a Chairperson; and

        (b)     a Deputy Chairperson.

(2) The Minister shall appoint a public servant who is not a member to be Secretary to the Heritage Council.

Remuneration and allowances

102. (1) Appointed members shall be paid such remuneration and allowances as are prescribed.

(2) Subsection (1) does not apply—

        (a)     in relation to remuneration—if there is a subsisting determination relating to the remuneration to be paid to the appointed members; or

        (b)     in relation to an allowance of a particular kind—if there is a subsisting determination relating to an allowance of that kind to be paid to the appointed members.

(3) In subsection (2)—

“determination” means a determination of the Remuneration Tribunal of the Commonwealth.

Leave of absence



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