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PROTECTION OF THE ENVIRONMENT ADMINISTRATION ACT 1991 - SCHEDULE 2

SCHEDULE 2 – Members and procedure of Consultation Forum, Council and advisory committees

(Sections 24 (3), 28 (5), 31 (3))

1 Definitions

In this Schedule:
"advisory body" means a Consultation Forum, the Council or an advisory committee established under Part 6.
"Consultation Forum" means a Consultation Forum established under Part 6.
"Council" means the New South Wales Council on Environmental Education established under Part 6.
"ex-officio member" means a person who is a member of an advisory body by virtue of being the holder of a particular office.
"member" means any member of an advisory body.

2 Chairperson of advisory body

(1) This clause does not apply to a Consultation Forum or the Council.
(2) One of the members of an advisory body is to be appointed by the Authority as Chairperson of the advisory body. Any such appointment may be made at the time the person is appointed as a member or after that appointment.
(3) The Authority may at any time remove a member from the office of Chairperson of an advisory body.
(4) A person who is a member and Chairperson of an advisory body vacates the office of Chairperson if the person:
(a) is removed from that office under this clause, or
(b) resigns that office by instrument in writing addressed to the Authority, or
(c) ceases to be a member.

3 Deputies of members

(1) The Minister may, from time to time, appoint a person to be the deputy of a member of a Consultation Forum or the Council, and the Minister may revoke any such appointment.
(2) The Authority may, from time to time, appoint a person to be the deputy of a member of an advisory body (other than a Consultation Forum or the Council), and the Authority may revoke any such appointment.
(3) In the absence of a member, the member’s deputy:
(a) may, if available, act in the place of the member, and
(b) while so acting, has all the functions of the member and is to be taken to be a member.
(4) The deputy of a member who is Chairperson of an advisory body does not (because of this clause) have the member’s functions as Chairperson.
(5) A person while acting in the place of a member is entitled to be paid such allowances as the Minister may from time to time determine in respect of the person.

4 Terms of office

(1) In this clause, "member" does not include an ex-officio member.
(2) Subject to this Schedule:
(a) a member of the Council holds office for such period (not exceeding 3 years), and
(b) a member (other than a member of the Council) holds office for such period (not exceeding 2 years),
as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

5 Allowances

A member is entitled to be paid such allowances as the Minister from time to time determines in respect of the member.

6 Vacancy in office of member

(1) The office of a member (other than an ex-officio 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 the Authority, or
(d) is removed from office under this clause, or
(e) is absent from 4 consecutive meetings of the advisory body of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the advisory body or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the advisory body 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 (other than an ex-officio member) of a Consultation Forum or Council from office at any time and the Authority may remove a member of any other advisory body from office at any time.

7 Filling of vacancy in office of member

If the office of a member (other than an ex-officio member) becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.

8 Effect of certain other Acts

(1) Part 2 of the Public Sector Management Act 1988 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 not, for the purposes of any Act, an office or place of profit under the Crown.

9 General procedure

The procedure for the calling of meetings of an advisory body and for the conduct of business at those meetings is, subject to this Act and the regulations and to any direction of the Minister or the Authority, to be as determined by the advisory body.

10 Quorum

The quorum for a meeting of an advisory body is a majority of the members for the time being of the advisory body.

11 Presiding member

(1) The Chairperson of an advisory body or, in the absence of the Chairperson, another member elected to chair the meeting by the members present is to preside at a meeting of the advisory body.
(2) The person presiding at any meeting of an advisory body has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

12 Voting

A decision supported by a majority of the votes cast at a meeting of an advisory body at which a quorum is present is the decision of the advisory body.

13 Minutes of meetings of Consultation Forum

The Consultation Forum is required to keep minutes of proceedings at its meetings and to furnish to the Minister a copy of the minutes of each meeting within 14 days after the meeting was held.



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