BIODIVERSITY CONSERVATION ACT 2016 - SCHEDULE 7

BIODIVERSITY CONSERVATION ACT 2016 - SCHEDULE 7

SCHEDULE 7 – Provisions relating to members and procedure of Threatened Species Scientific Committee

1 Provisions relating to members of Scientific Committee

(1) Subject to this Act, a member of the Scientific Committee holds office for such period (not exceeding 3 years) as is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

(2) A person who serves as a member of the Scientific Committee for 2 consecutive periods is not eligible to be a member of the Scientific Committee for 3 years after the end of those consecutive periods.

(3) In determining the term of office to be provided for by a member's instrument of appointment, the Minister is to have regard to the desirability of maintaining some continuity of membership of the Scientific Committee.

(4) A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.

(5) The office of a member becomes vacant if the member--

(a) dies, or

(b) completes a term of office and is not re-appointed, or

(c) resigns the office by instrument in writing addressed to the Minister, or

(d) is removed from office by the Minister under this clause or by the Governor under Part 6 of the Government Sector Employment Act 2013 , or

(e) is absent from 4 consecutive meetings of the Scientific Committee of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Scientific Committee or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Scientific Committee for having been absent from those meetings, or

(f) becomes a mentally incapacitated person, or

(g) ceases to have the qualification required for the member's appointment.

(6) The Minister may remove a member from office.

(7) Part 4 of the Government Sector Employment Act 2013 does not apply to or in respect of the appointment of a member.

(8) If by or under any Act provision is made--

(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or

(b) prohibiting the person from engaging in employment outside the duties of that office,

the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.

2 Chairperson and Deputy Chairperson

A Chairperson and a Deputy Chairperson of the Scientific Committee are to be appointed by the Minister from among the members of the Scientific Committee.

3 Disclosure of pecuniary interests

(1) If--

(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Scientific Committee, and

(b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter,

the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Scientific Committee.

(2) A disclosure by a member at a meeting of the Scientific Committee that the member--

(a) is a member, or is in the employment, of a specified company or other body, or

(b) is a partner, or is in the employment, of a specified person, or

(c) has some other specified interest relating to a specified company or other body or to a specified person,

is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).

(3) Particulars of any disclosure made under this clause must be recorded by the Scientific Committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee (if any) determined by the Scientific Committee.

(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Scientific Committee otherwise determines--

(a) be present during any deliberation of the Scientific Committee with respect to the matter, or

(b) take part in any decision of the Scientific Committee with respect to the matter.

(5) For the purposes of the making of a determination by the Scientific Committee under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not--

(a) be present during any deliberation of the Scientific Committee for the purpose of making the determination, or

(b) take part in the making by the Scientific Committee of the determination.

(6) A contravention of this clause does not invalidate any decision of the Scientific Committee.

4 Procedure of Scientific Committee

(1) The procedure for the calling of meetings of the Scientific Committee and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Scientific Committee.

(2) The quorum for a meeting of the Scientific Committee is 6 members.

(3) The Chairperson of the Scientific Committee or, in the absence of the Chairperson, the Deputy Chairperson or, in the absence of both the Chairperson and the Deputy Chairperson, another member elected to chair the meeting, is to preside at a meeting of the Scientific Committee. The person presiding at a meeting has a deliberative vote but not a casting vote.

(4) A decision supported by a majority of the votes cast at a meeting of the Scientific Committee at which a quorum is present is the decision of the Scientific Committee.

(5) The Scientific Committee may invite suitably qualified persons to attend meetings to advise or inform the Scientific Committee on any matter.

5 Transaction of business outside meeting or by telephone or other means

(1) The Scientific Committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Scientific Committee.

(2) The Scientific Committee may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.

(3) For the purposes of--

(a) the approval of a resolution under subclause (1), or

(b) a meeting held in accordance with subclause (2),

the Chairperson and each other member have the same voting rights as they have at an ordinary meeting of the Scientific Committee.

(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meeting of the Scientific Committee.

(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.

6 Service of documents on Scientific Committee

For the purposes of this Act, a nomination for listing under this Act or any other document is made, issued or given to the Scientific Committee if it is addressed to the Scientific Committee and is--

(a) lodged at the head office of the Office of Environment and Heritage, or

(b) sent by post to the head office of that Office, or

(c) sent by electronic means notified by the Scientific Committee as being an available means of communication, or

(d) sent by any means provided for the service of documents by any Act or law.