South Australian Consolidated Acts

ENVIRONMENT PROTECTION ACT 1993 - SECT 16

16—Proceedings of Board

        (1)         The Board must meet at least 11 times in each calendar year or more frequently where necessary for the performance of its functions.

        (2)         The presiding member will preside at each meeting of the Board at which he or she is present.

        (2a)         If the presiding member is absent from a meeting of the Board—

            (a)         if a member appointed as deputy presiding member is present—that member will preside; or

            (b)         in any other case—an appointed member of the Board chosen by the members present at the meeting will preside.

        (3)         A quorum of the Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus one.

        (4)         Subject to subsection (3), the Board may act notwithstanding vacancies in its membership or a defect in appointment of a member.

        (5)         A decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Board.

        (6)         Each appointed member present at a meeting of the Board has one vote on a matter arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.

        (6a)         The Chief Executive of the Authority is not entitled to vote at a meeting of the Board.

        (7)         A telephone or video conference between members will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present.

        (8)         A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—

            (a)         notice of the proposed resolution is given to all members in accordance with procedures determined by the Board; and

            (b)         a majority of the members express their concurrence in the proposed resolution by letter, telegram, telex, facsimile transmission or other written communication setting out the terms of the resolution.

        (9)         The Board must have accurate minutes kept of its proceedings and make them available to all members of the Board.

        (10)         A person who is not a member of the Board may be present during a meeting with the consent of the Board but not otherwise.

        (11)         Subject to this Act, the Board may determine its own procedures.