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LOCAL LAND SERVICES ACT 2013 - SCHEDULE 2

LOCAL LAND SERVICES ACT 2013 - SCHEDULE 2

SCHEDULE 2 – Constitution and procedure of Board and local boards

Part 1 - General

1 Definitions

In this Schedule--


"appointed member" means a person who is appointed by the Minister as a member of the Board or a local board.


"Chair" means--

(a) the Chair of the Local Land Services Board, and
(b) a person who is appointed as chair of a local board.

"elected member" means a person who is elected as a member of the local board for a region.


"member" means a member of the Board or a local board.

Part 2 - Constitution

Division 1 - Provisions relating to local boards

2 Terms of office of members of local board

(1) Subject to this Schedule and the regulations--
(a) an appointed member of a local board holds office for such period (not exceeding 4 years) as is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for election or re-appointment, and
(b) an elected member of a local board holds office for a period of 4 years, but is eligible (if otherwise qualified) for re-election or for appointment.
(2) A person is not eligible to be a member of a local board (whether appointed or elected) for more than 2 consecutive terms of office. However a person who is appointed as Chair of the local board is eligible for 3 consecutive terms in total (consisting of no more than 2 terms as Chair).
(3) Subject to this Schedule and the regulations, the term of office of an elected member of a board expires on the day immediately before the general election held after his or her election.
(4) For the purposes of the calculation of a member of a local board's consecutive terms of office only, if--
(a) a person is appointed under clause 4 to fill the office of a member that has become vacant otherwise than by the expiration of the member's term of office, and
(b) the person is appointed for the balance of his or her predecessor's term of office,
the appointment does not constitute (and is taken never to have constituted) an appointment for a term of office.

3 Chair of local board

(1) The chair of a local board vacates office as chair if he or she--
(a) is removed from that office by the Minister under this clause, or
(b) resigns that office by instrument in writing addressed to the Minister, or
(c) ceases to be a member of the local board.
(2) The Minister may at any time remove the chair of a local board from office as chair.
Note : If a person ceases to be a chair of a local board, the person ceases to be a member of the Board.
(3) If the office of a chair of a local board becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy.

4 Filling of vacancy in office of member

(1) If the office of any appointed member of a local board becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy.
(2) If the office of an elected member of a local board becomes vacant, a person is, subject to this Act and the regulations, to be elected to fill the vacancy. The member so elected holds office, subject to subclause (3), for the remainder of the term of office of the elected member whose office he or she is filling.
(3) If the vacation of office occurs within 12 months before the term of office of an elected member would have expired, the Minister may appoint a person who would be qualified to be elected as an elected member to fill the office for the remainder of that term.
(4) The term of office of a person elected or appointed in accordance with this clause is to be disregarded for the purposes of clause 2.

Division 2 - Provisions relating to members of Board and local boards (other than Chair of Local Land Services Board)

5 Application of Division

This Division does not apply to the Chair of the Local Land Services Board.

6 Vacancy in office of 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 re-elected, 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
(e) is absent from 3 consecutive meetings of the Board or local 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
(f) 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
(g) becomes a mentally incapacitated person, or
(h) 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 a member from office at any time for any or no reason and without notice.

7 Suspension of members

(1) The Minister may, by order in writing, suspend a member of the Board or a local board from office for a period not exceeding 3 months.
(2) A copy of an order given under this clause must be served on the member.
(3) The member, while suspended from office under this clause--
(a) is not entitled to exercise any functions of the office, and
(b) is not entitled to any fee or other remuneration to which he or she would otherwise be entitled as the holder of the office.
(4) The period of suspension under an order made under this clause commences on the date the order is served on the member or the date specified in the order for the commencement of the period of suspension, whichever is the later.

8 Part-time appointments

Members hold office as part-time members.

9 Remuneration

A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister, in consultation with the Public Service Commissioner, may from time to time determine in respect of the member.

10 Effect of certain other Acts

(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member of the Board or a local board.
(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 an appointed member or from accepting and retaining any remuneration payable to the person under this Act as a member.

Part 3 - Procedure

11 General procedure

The procedure for the calling of meetings of the Board or a local board and for the conduct of business at those meetings is, subject to this Act and the regulations, to be determined by the Board or local board.

12 Quorum

(1) The quorum for a meeting of the Board or a local board is a majority of its members for the time being.
(2) A person appointed under section 25 (2) (c) is not to be counted in determining if a quorum for a meeting of the Board exists.

13 Presiding member

(1) The Chair (or, in the absence of the Chair, a person elected by the members of the Board or local board who are present at a meeting of the Board or local board) is to preside at a meeting of the Board or local board.
(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

14 Voting

(1) A decision supported by a majority of the votes cast at a meeting of the Board or local board at which a quorum is present is the decision of the Board or local board.
Note : A person appointed under section 25 (2) (c) is a non-voting member of the Board.
(2) The Chief Executive Officer may attend meetings of the Board and participate in discussions of the Board but is not entitled to vote at a meeting.

15 Transaction of business outside meetings or by telephone

(1) The Board or local board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Board or local 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 or local board.
(2) The Board or local 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 Chair and each member have the same voting rights as they have at an ordinary meeting of the Board or local 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 or local 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.

16 Disclosure of pecuniary interests

(1) If--
(a) a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Board or a local 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 or local board.
(2) A disclosure by a member at a meeting of the Board or local 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 which is required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded by the Board or local board in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Board or the local board otherwise determines--
(a) be present during any deliberation of the Board or local board with respect to the matter, or
(b) take part in any decision of the Board or local board with respect to the matter.
(5) For the purposes of the making of a determination by the Board or local board under subclause (4), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not--
(a) be present during any deliberation of the Board or local board for the purpose of making the determination, or
(b) take part in the making of the determination by the Board or local board.
(6) A contravention of this clause does not invalidate any decision of the Board or local board.

17 First meeting

The Minister may call the first meeting of the Board or a local board in such manner as the Minister thinks fit.