SOIL CONSERVATION ACT 1938 - SCHEDULE 5

SOIL CONSERVATION ACT 1938 - SCHEDULE 5

SCHEDULE 5 – Provisions relating to the members and procedure of catchment committees

(Section 23A (5))

1 Definition

In this Schedule:


"committee" means a catchment committee.

2 Term of office

Subject to this Schedule, a member of a committee shall hold office for such period as may be specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

3 Reimbursement of expenses

A member of a committee may be reimbursed for such reasonable expenses as the Minister may from time to time determine in respect of the member.

4 Vacancy in office of member

(1) The office of a member of a committee 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.

(2) The Minister may remove a member from office at any time.

5 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 a committee.

(2) If by or under any other 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 of a committee or from accepting and retaining any money payable to the person under this Schedule as reimbursement for expenses.

(3) The office of a member of a committee is not, for the purposes of any Act, an office or place of profit under the Crown.

6 Liability of members etc

No matter or thing done by a committee, any member of a committee or any person acting under the direction of a committee shall, if the matter or thing was done in good faith for the purpose of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.

7 General procedure

The procedure for the calling of meetings of a committee and for the conduct of business at those meetings shall, subject to any direction by the Minister, be as determined by the committee.

8 Presiding member

(1) At a meeting of a committee, the chairperson of the committee or, in the absence of the chairperson, another member elected to chair the meeting by the members present shall preside.

(2) The person presiding at a meeting of a committee has a deliberative vote only.

9 Quorum

The quorum for a meeting of a committee is a majority of its members for the time being.

10 Voting

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