New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 6 (2))
In this Schedule:
"Authority’s nominee" means a member nominated by the Authority.
"member" means a member of the Committee.
Of the members:
(a) two shall be persons nominated by the Authority, being members of the Board of the Authority or members of the staff of the Authority,
(b) one shall be an officer of the Department of Environment and Planning for the time being nominated by the Minister for Planning and Environment,
(c) one shall be an officer of the Department of Health for the time being nominated by the Minister for Health,
(d) one shall be an officer of the Department of Industrial Relations for the time being nominated by the Minister for Industrial Relations,
(e) one shall be an officer of the Department of Agriculture for the time being nominated by the Minister for Agriculture and Fisheries,
(f) one shall be a person nominated by the Waste Recycling and Processing Corporation,
(f1) one shall be a person nominated by the Water Board,
(g) one shall be an officer of New South Wales Fire Brigades for the time being nominated by the Minister administering the Fire Brigades Act 1989 ,
(h) one shall be an officer of the Department of Fair Trading for the time being nominated by the Minister for Fair Trading,
(i) one shall be a person nominated by Australian Business Limited,
(j) one shall be a member of Unions NSW for the time being nominated by that body,
(k) one shall be a person selected by the Minister to represent major users of chemicals in New South Wales,
(l) one shall be a person selected by the Minister from persons for the time being nominated by the Local Government Association of New South Wales or the Shires Association of New South Wales, or by both of those Associations,
(m) one shall be a person nominated by the Minister to represent groups of persons concerned in environmental protection, and
(n) two shall be persons nominated by the Minister from among persons having such professional or technical qualifications as the Minister may for the time being consider appropriate.
A nomination for the purposes of this Schedule:
(a) shall be made in writing addressed, except in the case of a nomination by the Authority or the Minister, to the Minister,
(b) may in like manner be withdrawn:(i) except as provided by subparagraph (ii), by the person or body who or which made the nomination, or(ii) in prescribed circumstances, by a person authorised by the regulations, and
(c) shall continue in force until withdrawn in accordance with paragraph (b).
(1) The regulations may provide for the nomination, appointment and voting rights of alternate members of the Committee to act during the illness or absence of members.
(2) The provisions of this Act shall apply (with such modifications, if any, as may be provided by the regulations) to and in respect of alternate members of the Committee in the same way as those provisions apply to and in respect of members.
(1) The Authority shall in writing appoint one of the Authority’s nominees to be the chairperson of the Committee.
(2) The chairperson of the Committee may be referred to as the chairman or chairwoman, as the case may require.
(3) The chairperson shall preside at all meetings of the Committee attended by the chairperson and, in the absence of the chairperson from any meeting the members present shall appoint one of their number to preside at the meeting.
The procedure for the calling of meetings of the Committee and for the conduct of business at those meetings shall, subject to this Schedule and the regulations, be as determined by the Committee.
In the event of the office of any member becoming vacant a person shall be nominated to fill the vacancy in accordance with this Schedule.
A member shall be deemed to have vacated office:
(a) if the member dies,
(b) if the member’s nomination for the purposes of this Schedule is withdrawn,
(c) if the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,
(d) if the member becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 , or a person under detention under Part 7 of that Act,
(e) if the member is convicted of an offence against this Act or the regulations, or is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or upwards or is convicted elsewhere than in New South Wales of an offence which if committed in New South Wales would be an offence so punishable,
(f) if the member resigns the office by instrument in writing addressed to the Minister, or
(g) if the member is removed from office under clause 9 (5).
(1) A member who has a direct or indirect pecuniary interest:(a) in a matter that is being considered, or is about to be considered, at a meeting of the Committee, or(b) in a thing being done or about to be done by the Committee,shall, 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 Committee.
(2) A disclosure by a member at a meeting of the Committee that the member has some specified interest relating to a specified company or other body or a specified person shall be deemed to be a sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person which may arise after the date of the disclosure.
(3) The Committee shall cause particulars of any disclosure made under subclause (1) or (2) to be recorded in a book kept for the purpose and that book shall be open at all reasonable hours to the inspection of any person on payment of such fee as may be determined by the Authority from time to time.
(4) After a member has, or is deemed to have, disclosed the nature of an interest in any matter or thing pursuant to subclause (1) or (2), the member shall not, unless the Minister otherwise determines:(a) be present during any deliberation of the Committee, or take part in any decision of the Committee, with respect to that matter, or(b) exercise any functions under this Act with respect to that thing,as the case may require.
(5) A member who acts in contravention of this clause may be removed from office by the Minister.
(6) Notwithstanding that a member contravenes the provisions of this clause, that contravention does not invalidate any decision of the Committee or the exercise by the Committee of any function under this Act.
(1) The Committee may establish sub-committees for the purpose of advising the Committee upon such matters within the scope of the Committee’s functions as may be referred to the sub-committees by the Committee.
(2) A person may be appointed to a sub-committee whether or not the person is a member of the Committee.
(3) A sub-committee shall investigate, and shall report upon and make recommendations to the Committee concerning, such matters relating to the exercise of the Committee’s functions as may be referred to it by the Committee.
Every person who is a member of the Committee or of any sub-committee thereof shall be entitled to receive such travelling expenses, and every such person (other than the members referred to in clause 2 (a)-(h)) shall be entitled to receive such fees for attending meetings and transacting business of the Committee or sub-committee and such fees for making inspections, if any, for the purposes of this Act, as the Minister may from time to time determine in respect of that person.
Where by or under any other Act provision is made requiring a person who is the holder of an office specified therein to devote the whole of his or her time to the duties of the office, or prohibiting the person from engaging in employment outside the duties of the office, that provision shall not operate to disqualify the person from holding that office and also the office of a member of the Committee or any sub-committee thereof.