New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 4 (7))
In this Schedule:
"appointed member" means a member referred to in section 4 (3) (b), (c) or
(d).
"Chairperson" means the Chairperson of the Board.
"Deputy Chairperson" means the Deputy Chairperson of the Board.
"elected member" means a member referred to in section 4 (3) (a).
"member" means any member of the Board.
(1) The Minister may, from time to time, appoint one of the members to be the Chairperson of the Board.
(2) Subject to this Schedule, the Chairperson holds office as such during his or her current term of office as a member.
(3) The Chairperson of the Board is taken to have vacated office as Chairperson if the person:(a) resigns that office by instrument in writing addressed to the Minister, or(b) ceases to be a member of the Board, or(c) is removed from that office by the Minister under subclause (4).
(4) The Minister may remove the Chairperson from office as Chairperson of the Board.
(1) The Board is to appoint one of its members (not being the Chairperson) to be Deputy Chairperson of the Board.
(2) Subject to this Schedule, the Deputy Chairperson holds office for one year from the date on which he or she takes office.
(3) The Deputy Chairperson is taken to have vacated office as Deputy Chairperson if the person:(a) resigns that office by instrument in writing addressed to the Board, or(b) ceases to be a member of the Board, or(c) is removed from that office by the Board under subclause (4).
(4) The Board may remove the Deputy Chairperson from office as Deputy Chairperson of the Board.
(1) Subject to this Schedule, an appointed member 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) Subject to this Schedule, an elected member holds office until his or her successor is appointed but is eligible (if otherwise qualified) for re-appointment.
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.
(1) 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) in the case of an elected member, ceases to be an Islander, or(e) in the case of an appointed member, becomes an Islander, or(f) in the case of the appointed member referred to in section 4 (3) (d), ceases to be an officer of the Department of Environment and Conservation, or(g) is removed from office by the Minister under this clause, or(h) is absent from 3 consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister for having been absent from those meetings, or(i) 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, or(j) becomes a mentally incapacitated person, or(k) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Minister may remove or suspend an elected member in respect of whom a report under section 74C of the Independent Commission Against Corruption Act 1988 recommends that consideration be given to the member’s suspension from office with a view to his or her dismissal for serious corrupt conduct (as defined in section 124A (11) of the Environmental Planning and Assessment Act 1979 ).
(3) The Minister may remove an appointed member from office at any time for any or no reason and without notice.
(4) While an elected member is suspended under subsection (2), the member does not have, and may not exercise, any of the functions of a member.
(1) If the office of an appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(2) If the office of an elected member becomes vacant, a person is to be appointed to fill the vacancy following an election referred to in section 9A (c).
(3) Despite subclause (2), if less than 6 months remains before the next election is due under section 9A (b), the Minister is to fill the vacancy in the office of an elected member by appointing to the office such Islander as the Minister considers appropriate.
(4) A member who is appointed to office under this clause holds office for the unexpired portion of his or her predecessor’s term of office.
(1) If:(a) a member has a direct or indirect pecuniary interest, or any other interest, in a matter being considered or about to be considered at a meeting of the Board, 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 Board.
(2) A disclosure by a member at a meeting of the Board 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 that is required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded by the Board in a register of interests kept for the purpose and that register must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Board.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Board otherwise determines:(a) be present during any deliberation of the Board with respect to the matter, or(b) take part in any decision of the Board with respect to the matter.
(5) For the purposes of the making of a determination by the Board under subclause (4), a member who has a direct or indirect pecuniary interest, or any other interest, in a matter to which the disclosure relates must not:(a) be present during any deliberation of the Board for the purpose of making the determination, or(b) take part in the making by the Board of the determination.
(6) A contravention of this clause does not invalidate any decision of the Board.
(7) This clause applies to a member of a committee of the Board and the committee in the same way as it applies to a member of the Board and the Board.
(8) If a meeting of the Board cannot be held for the purpose of making a decision or determination under this Act because, as a result of the operation of subclause (4), the Board is without a quorum, the decision or determination is to be made instead by the Minister after consultation with such Islanders as he or she considers appropriate.
(9) If a meeting of the Board cannot be held for the purpose of making a recommendation to the Minister with respect to a decision or determination to be made by the Minister under this Act because, as a result of the operation of subclause (4), the Board is without a quorum, the Minister may make the decision or determination, after consultation with such Islanders as he or she considers appropriate, without the need for such a recommendation.
(10) Immediately after it becomes apparent to the Chairperson that a meeting of the Board cannot be held as referred to in subclause (8) or (9), the Chairperson must cause notice of that fact to be given to the Minister.
(1) Chapter 2 of the Public Sector Employment and Management Act 2002 does not apply to or in respect of the appointment of a member.
(2) 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.
(3) The office of a member is, for the purposes of any Act, taken not to be an office or place of profit under the Crown.
A member who is removed from office or not re-appointed at the end of his or her term of office is not entitled to be paid any compensation by reason of ceasing to hold office.
The procedure for the calling of meetings of the Board and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Board.
The quorum for a meeting of the Board is a majority of its members for the time being.
(1) The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson or, in the absence of both, another member elected as chairperson for that meeting by the members present) is to preside at a meeting of the Board.
(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.
(1) The Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Board 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 Board.
(2) The Board 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 member have the same voting rights as they have at an ordinary meeting of the Board.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Board.
(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.