SCHEDULE 3 - Provisions with respect to Membership of the Board

Section 13

1.    Interpretation

In this Schedule, appointed member means a member of the Board referred to in section 13A(1)(a) , (c) , (d) or (e) .

2.    Term of appointment

(1) An appointed member is to be appointed for such term, not exceeding 3 years, as is specified in the member's instrument of appointment and, if otherwise qualified, is eligible for re-appointment.

(2) Despite subclause (1) , if an appointed member has served consecutively 2 terms in office as an appointed member of the Board, the appointed member may not be appointed for a further consecutive term of office.

3.    Provisions requiring devotion of whole of time to other duties

Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his or her time to the duties of office under that Act, that provision does not operate to disqualify that person from holding that office and also the office of a member of the Board.

4.    Terms and conditions of appointment

(1) Subject to subclause (2) , a member of the Board is entitled to be paid such remuneration and allowances as the Governor may from time to time determine.

(2) The Director is not entitled to remuneration under subclause (1) except with the approval of the Minister administering the State Service Act 2000 .

(3) An appointed member holds office on such terms and conditions not provided for in this Act as are determined by the Governor.

5.    Disclosure of interests

(1) If a member of the Board has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member's functions in relation to a matter being considered or about to be considered by the Board, the member must disclose the nature of that interest at a meeting of the Board.

(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting of the Board and the member must not, unless the Board otherwise determines –

(a) be present during any deliberation of the Board with respect to that matter; or

(b) take part in any decision of the Board with respect to that matter.

(3) For the purpose of making a determination by the Board under subclause (2) in relation to a member who has made a disclosure under subclause (1) , a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not take part in the making by the Board of the determination.

6.    Deputies of members

(1) The Governor may appoint a deputy of a member of the Board other than the chairperson.

(2) The deputy of –

(a) .  .  .  .  .  .  .  .  

(b) the Director must be nominated by the Director; and

(c) a member referred to in section 13A(1)(c) , (d) or (e) must be a person who possesses environmental management experience nominated by the Minister.

(3) If a member of the Board is unable for any reason to perform the duties of a member, the member's deputy may perform those duties and, when doing so, is taken to be a member.

(3A) If the chairperson is unable for any reason to perform the duties of chairperson –

(a) the deputy chairperson may perform the duties of chairperson and, when doing so, is taken to be the chairperson; and

(b) the deputy of the deputy chairperson may perform the duties of the deputy chairperson and, when doing so, is taken to be the member of the Board holding the office of deputy chairperson.

(4) A deputy member of the Board holds office for such term, not exceeding 3 years, and on such conditions, as are specified in his or her instrument of appointment.

7.    Resignation

An appointed member may resign by signed notice given to the Governor.

8.    Termination of appointment

(1) The Governor may terminate the appointment of an appointed member if the member –

(a) becomes mentally or physically incapable of performing satisfactorily the duties of office; or

(b) is convicted in Tasmania, or elsewhere, of an offence punishable by imprisonment for 2 years or longer; or

(c) 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 or estate for their benefit; or

(d) fails, without reasonable excuse, to comply with clause 5 .

(2) An appointed member may be removed from office only in accordance with this clause.

9.    Validity of proceedings, &c.

All acts and proceedings of the Board or of any person acting pursuant to any direction of the Board are, notwithstanding the subsequent discovery of any defect in the appointment of any member of the Board or that any person was disqualified from acting as, or incapable of being, a member of the Board, as valid as if the member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Board had been fully constituted.

10.    Presumptions

In any proceedings by or against the Board, unless evidence is given to the contrary, no proof is required of –

(a) the constitution of the Board; or

(b) any resolution of the Board; or

(c) the appointment of any member of the Board; or

(d) the presence of a quorum at any meeting of the Board.