ENVIRONMENTAL PROTECTION ACT 1986 - SECT 135
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 135
135 . Grounds of invalidity
These are the grounds
of invalidity —
(a) the
participation (whether by taking part in the consideration or discussion of a
matter, or voting on a matter or participating in any other way), in any
purported proceedings of the Authority, by Authority members who were
disqualified from participation because of —
(i)
their direct or indirect pecuniary interest in a matter,
whether or not that interest was disclosed in accordance with section 12(1) or
determined under section 12(3) and whether or not a decision was purportedly
made under section 13 in relation to the interest; or
(ii)
a reasonable apprehension of bias;
(b) the
lack of a quorum at a meeting purportedly held by the Authority, where the
lack of a quorum resulted from Authority members being disqualified from
participation in the circumstances set out in paragraph (a)(i) or (ii);
(c) the
failure of the Authority to decide a question at a meeting purportedly held by
the Authority, where —
(i)
the failure resulted from non-compliance with the
requirements of section 11(2)(e) for at least 3 Authority members to vote on
the question or with any other requirement of section 11(2) with respect to
voting; and
(ii)
that non-compliance resulted from Authority members being
disqualified from participation in the circumstances set out in paragraph
(a)(i) or (ii);
(d) the
purported exercise of a power or duty of the Authority under a delegation made
under section 19, where —
(i)
the delegation was purportedly invoked in order to avoid
the proceedings of the Authority being invalid on any of the grounds of
invalidity set out in paragraphs (a) to (c); and
(ii)
the delegation could not be invoked in the circumstances
in which it was purportedly invoked, or did not authorise the exercise of the
power or duty in the circumstances in which they were purportedly exercised.
[Section 135 inserted: No. 27 of 2014 s. 4.]