NATIONAL PARKS AND WILDLIFE ACT 1974 - SCHEDULE 14A
NATIONAL PARKS AND WILDLIFE ACT 1974 - SCHEDULE 14A
SCHEDULE 14A – Boards of management established under Part 4A
(Section 71AN (6A))
Part 1 - General
1 Definitions
In this Schedule--
"board of management" means a board of management established under Part 4A
(Aboriginal land) of this Act.
"Chairperson" means the Chairperson of a board of management elected in
accordance with clause 5.
"Deputy Chairperson" means the Deputy Chairperson of a board of management
elected in accordance with clause 5.
"member" means any member of the board of management.
Part 2 - Constitution
2 Deputies
(1) The Minister may, from time to time, appoint a person to be the deputy of a member, and the Minister may revoke any such appointment.
(2) The person appointed must be selected from the same category of persons specified in section 71AN (3) of this Act, and in accordance with the terms of any relevant lease, as the member for whom the person is to deputise.
(3) In the absence of a member, the member's deputy may, if available, act in the place of the member.
(4) While acting in the place of a member, a person has all the functions of the member and is taken to be a member.
(5) For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.
(6) This clause does not operate to confer on the deputy of a member who is the Chairperson of a board of management the member's functions as Chairperson.
3 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(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 member's board of management (of which reasonable notice has been given to the member personally, by post or by email), unless--(i) before the meetings, the board granted leave to the member to be absent from those meetings, or(ii) after the meetings, the member was excused by the board for having been absent from those meetings, or(f) becomes a mentally incapacitated person.
(2) The Minister may remove a member from office at any time.
4 Filling of casual vacancy in office of member
(1) If the office of any member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(2) In relation to a vacancy in the office of a member appointed under section 71AN (3) (a), the Minister is to appoint the deputy of the member (if any) to serve for the remainder of the member's term of office.
5 Chairperson and Deputy Chairperson
(1) The members of a board of management are to elect a Chairperson and a Deputy Chairperson of the board from amongst the persons referred to in section 71AN (3) (a) of this Act.
(2) The Chairperson or Deputy Chairperson vacates office if he or she--(a) resigns that office by instrument in writing addressed to the Minister, or(b) ceases to be a member of the board of management.
6 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 member's board of management, 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 of management.
(2) A disclosure by a member at a meeting of the board of management 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 of management 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 Minister or the board of management otherwise determines--(a) be present during any deliberation of the board of management with respect to the matter, or(b) take part in any decision of the board of management with respect to the matter.
(5) For the purposes of the making of a determination by the board of management 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 board of management for the purpose of making the determination, or(b) take part in the making by the board of management of the determination.
(6) A contravention of this clause does not invalidate any decision of the board of management.
7 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.
(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.
Part 3 - Procedure
8 General procedure
The procedure for the calling of meetings of a board of management and for the conduct of business at those meetings is, subject to this Act, to be as determined by the board of management concerned.
9 Presiding member
(1) The Chairperson is to preside at a meeting of the board of management.
(2) In the absence of the Chairperson, the Deputy Chairperson may, if available, act in the place of the Chairperson.
(3) If both the Chairperson and the Deputy Chairperson are absent from a meeting of a board of management, the members present are to elect another person referred to in section 71AN (3) (a) of this Act to chair the meeting.
(4) While acting in the place of the Chairperson, the Deputy Chairperson or person elected under subclause (3) has all the functions of the chairperson and is taken to be the chairperson.
(5) The presiding member does not have a casting vote in relation to any motion but may vote in his or her own right if otherwise entitled.
10 Quorum
(1) The quorum for a meeting of a board of management is a majority of its members for the time being (including the Chairperson or Deputy Chairperson).
(2) A meeting of a board of management has a quorum only if a majority of the members present are persons referred to in section 71AN (3) (a).
11 Voting
(1) At any meeting of a board of management, all members present are to strive for consensus in reaching decisions.
(2) However, if no such consensus has been reached, a decision by a board of management has effect if, at a meeting at which a quorum is present--(a) if the Minister has approved in writing a decision making process by a board--it is made in accordance with that process, or(b) in any other case--it is supported by a majority of the votes cast at the meeting.
12 Transaction of business outside meetings or by telephone
(1) A board of management may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the board of management for the time being, and a resolution in writing approved in writing in accordance with the requirements set out in clause 11 is taken to be a decision of the board of management.
(2) A board of management 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 of management.
(4) A resolution approved under subclause (1) is to be recorded in the minutes of the meetings of the board of management.
(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.
13 First meeting
The Minister may call the first meeting of a board of management in such manner as the Minister thinks fit.