Victorian Consolidated Legislation

Coastal Management Act 1995 - SCHEDULE

MEMBERSHIP AND PROCEDURE OF BODIES

1. Definition

In this Schedule- body means-

   (a)  the Victorian Coastal Council; or

   (b)  a Regional Coastal Board; member in relation to a Regional Coastal
        Board, includes co-opted member.

2. Terms of appointment



(1) A member of a body, other than a co-opted member, holds office for a term,
not exceeding 3 years, specified in the instrument of his or her appointment.



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(3) A co-opted member holds office for a term, not exceeding 2 years,
specified in the instrument of his or her appointment.

(4) A member of a body is eligible for re-appointment.

(5) The instrument of appointment of a member of a body may specify terms and
conditions of appointment.





3. Remuneration



(1) A member of a body who is not a full-time employee of the public service
is entitled to receive the fees and travelling and other allowances from time
to time fixed by the Governor in Council in respect of that member.

(2) Despite subclause (1), a member of a Board who is also a member of the
Legislative Council or a member of the Legislative Assembly is not entitled to
receive fees and travelling and other allowances as a member of the Board.

4. Vacancies



(1) A member of a body may resign by writing delivered to the Minister, or in
the case of a co-opted member of a Board, to the Board.

(2) The Governor in Council may at any time remove a member of the Council
from office.

(3) The Minister may at any time remove a member of a Board from office.

(4) A Board may at any time remove a co-opted member of the Board from office.

(5) If the office of a member becomes vacant during the member's term of
office, the Governor in Council (in the case of the Council), the Minister (in
the case of a Board) or a Board (in the case of a co-opted member) may, in
accordance with Part 2, appoint a member to fill the vacant office.

(6) A member appointed under subclause (5) holds office for the rest of the
term of appointment of the member whose place he or she fills.

5. Application of Public Administration Act 2004

The Public Administration Act 2004 (other than Part 3 of that Act) applies to
a member of a body in respect of the office of member.





6. Meeting procedure



(1) The chairperson of a body is to preside at all meetings of the body at
which the chairperson is present.

(2) If the chairperson is absent from a meeting of a body, the members present
at the meeting must elect one of their members to preside at the meeting.

(3) A person presiding at a meeting of a body has a deliberative vote and, if
voting is equal, a second or casting vote.

(4) At a meeting of a body a question must not be decided unless there are
present at least half the total number of persons who are for the time being
members of the body.

(5) At a meeting of a body, the decision on a question of the majority of the
members of the body present at the meeting is the decision of the body.

(6) A body must meet at least 5 times in each year.

(7) Subject to this clause, a body's procedure is in its discretion.







7. Decisions

An act or decision of a body is not invalid only because of-

   (a)  a defect or irregularity in the appointment of a member; or

   (b)  a vacancy in its membership.

8. Pecuniary interest of members



(1) A member of a body who has a pecuniary interest in a matter being
considered or about to be considered by the body must, as soon as practicable
after the relevant facts have come to his or her knowledge, declare the nature
of the interest at a meeting.

(2) A person presiding at a meeting at which a declaration is made must cause
a record of the declaration to be made in the minutes of the meeting.

(3) After a declaration is made by a member-

   (a)  unless the body otherwise directs, the member must not be present
        during any deliberation with respect to that matter; and

   (b)  the member is not entitled to vote on that matter; and

   (c)  if the member does vote on the matter, the vote must be disallowed.

9. Sub-committees



(1) A body may form or dissolve sub-committees and define their functions and
membership.

(2) The membership of a sub-committee is not restricted to members of the body
that formed it.

(3) A body may, with the consent of the Minister, by instrument delegate to a
sub-committee any of its functions except this power of delegation.

(4) A member of a sub-committee is entitled to receive the fees and travelling
and other allowances from time to time fixed by the Minister.

10. Business plans



(1) In respect of each period of 3 years after its establishment, a body must
prepare a business plan setting out its proposed activities for that period.

(2) A body must prepare and submit its first business plan not later than 6
months after its establishment.

(3) A body must prepare and submit each subsequent business plan, not later
than 6 months after the end of the period to which the last plan relates, to-

   (a)  the Minister, in the case of a plan prepared by the Council; or

   (b)  to the Council, in the case of a plan prepared by a Board.

(4) A business plan must be prepared in accordance with any guidelines from
time to time issued by the Minister.

(5) The Minister or the Council may approve or reject a business plan
submitted to the Minister or Council under this clause.

(6) A body must have regard to a current approved business plan in performing
its functions.

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