New South Wales Consolidated Acts

MINE SUBSIDENCE COMPENSATION ACT 1961 - SECT 5

5 Appointment and constitution of the Board

(1) For the purposes of this Act there shall be constituted a Board to be called the “Mine Subsidence Board”.

(1A) In the exercise and discharge of its powers, authorities, duties and functions the Board shall be subject in all respects to the control and direction of the Minister.

(2) The Board shall consist of:

(a) the chairperson who is to be the Director-General of the Department of Primary Industries or a member of staff of that Department nominated by the Director-General,

(b) a person nominated by the Minister who the Minister is satisfied has appropriate expertise in coal mine operations,

(c) four persons appointed by the Governor being:

(i) a person nominated by the proprietors of colliery holdings,

(ii) a person who shall be representative of local government or of the Department of Planning and shall be nominated by the Minister for Local Government,

(iii) a person nominated by the Minister to represent the owners of improvements situated within mine subsidence districts, not being improvements used in connection with the winning of coal or shale, and

(iv) an officer of the Department of Public Works eligible to be a corporate member of The Institution of Engineers, Australia, nominated by the Minister for Public Works.

(2A) If no person, or no person able and willing to act as a member of the Board is within such time as the Minister determines, nominated under subsection (2) (c) (i), (ii), (iii) or (iv), the Minister may nominate a person to be a member of the Board in the place of such first-mentioned person.

(3) The provisions of the Public Sector Management Act 1988 do not apply to or in respect of the appointment of a member of the Board under subsection (2) (c) and any such member shall not, in his or her capacity as a member of the Board, be subject to the provisions of that Act.

(4) The members of the Board referred to in subsection (2) (c) shall hold office for a term of three years and shall be eligible for reappointment. On the occurrence of a vacancy in the office of any such member an appointment may be made for the remainder of the unexpired term of the vacant office.

(5) The chairperson shall have the right to vote on all occasions, and in the event of an equality of votes, shall have a second or casting vote.

(6) Any three members of the Board shall form a quorum and may exercise all or any powers of the Board.

(7) Any act or proceeding of the Board shall not be invalidated or prejudiced by reason only of the fact that at the time such act or proceeding was taken, done, or commenced, there was a vacancy in the office of any member, or that some informality or irregularity has occurred in the constitution of the Board.

(8) The Governor may remove any member referred to in subsection (2) (c) for sufficient cause, and appoint another person in his or her stead.

(9) If any member of the Board is absent from three consecutive meetings except on leave granted by the Board or by the chairperson (which leave the chairperson is hereby authorised to grant) his or her seat shall become vacant.

(10) Subject to subsection (11), a member of the Board, other than an officer of the Public Service appointed to the Board in his or her capacity as such, shall be entitled to receive such fees for service as a member of the Board as the Minister may determine in respect of the member.

(11) If the Minister so orders, the fees which a member of the Board would, but for this subsection, be entitled to receive shall be paid to the employer, specified in the order, of the member instead of being paid to the member.

(12) A member of the Board shall be entitled to receive such travelling and sustenance allowances as the Minister may determine in respect of the member.