PLANNING AND DEVELOPMENT ACT 2005 - SCHEDULE 1
PLANNING AND DEVELOPMENT ACT 2005 - SCHEDULE 1
[s. 12]
1 . Term used: appointed member
In this Schedule
—
appointed member means a member appointed under
section 10(1)(a) or (b).
(1) An appointed
member or an associate member holds office for such period, not exceeding 5
years, as is specified in the instrument of his or her appointment, and is
eligible for reappointment.
(2) Despite subclause
(1), if the period of office of an appointed member or associate member
expires by effluxion of time without a person having been appointed to fill
the vacancy, the appointed member or associate member continues in office
until a person is appointed to fill the vacancy.
3 . Appointments to be part-time unless stated
otherwise
(1) A member may be
appointed on terms that require the member’s duties to be performed on a
full-time basis.
(2) Except as provided
in subclause (1), appointment as a member or associate member is to be on a
part-time basis.
4 . Vacancies in and removal from office
(1) The office of an
appointed member or associate member becomes vacant if —
(a) the
appointed member or associate member resigns the office by written notice
addressed to the Minister; or
(b) the
appointed member or associate member is an insolvent under administration as
defined in the Corporations Act 2001 of the Commonwealth; or
(c) in
the case of a member appointed under section 10(1)(b)(i) or (ii) who holds
office on the council of a local government at the time of appointment, the
member ceases to hold office on the council of the local government; or
(d) in
the case of an appointed member, the appointed member is absent, without leave
of the Minister, from 3 consecutive meetings of which the appointed member has
had notice; or
(e) in
the case of an associate member, the associate member is absent, without leave
of the Minister, from 3 consecutive meetings which the associate member was
requested to attend under section 11(4); or
(f) the
appointed member or associate member is removed from office by the Governor
under subclause (3).
(2) Despite subclause
(1)(c), a member referred to in that paragraph may continue in office until
—
(a) a
person is appointed to fill the vacancy; or
(b) a
period of 3 months elapses after the vacancy arises,
whichever is the
sooner.
(3) The Governor may
remove an appointed member or an associate member from office if the Governor
is satisfied that the member —
(a) is
incompetent, has misbehaved or has neglected his or her duties as a member; or
(b) is
suffering from mental or physical incapacity impairing the performance of his
or her functions.
The Minister may grant
leave of absence to a member on such terms and conditions as the Minister
thinks fit.
(1) The Governor, on
the recommendation of the Minister, may appoint a person to be deputy
chairperson.
(2) A person appointed
under subclause (1) may resign as deputy chairperson at any time by written
notice given to the Minister.
(3) The Governor, on
the recommendation of the Minister, may revoke the appointment of the deputy
chairperson.
(4) Where the
chairperson is unable to act because of sickness, absence or other cause, the
deputy chairperson is to act in the chairperson’s place.
(5) No act or omission
of the deputy chairperson acting in place of the chairperson under this clause
may be questioned on the ground that the occasion for the acting had not
arisen or had ceased.
(1) The Governor may
appoint a person to be the deputy of the member referred to in
section 10(1)(b)(i) or (ii), in which case section 10(1)(b)(i) or (ii), (2)
and (3) apply with any necessary modifications to and in relation to that
appointment.
(2) If a member, other
than the chairperson, is unable to act because of sickness, absence or other
cause, the deputy of the member may act in the place of that member, and while
so acting that deputy member is to be taken to be a member.
(3) An act or omission
of a deputy member cannot be questioned on the ground that the occasion for
the deputy member’s acting had not arisen or had ceased.
(4) The Governor, on
the recommendation of the Minister, may revoke the appointment of a deputy
member.
(1) Subject to
subclause (2), meetings are to be held at such times and places as the board
determines.
(2) A special meeting
of the board may, on reasonable notice to all members, be convened by the
chairperson or any 2 members.
(3) The chairperson is
to preside at all meetings of the board at which he or she is present, or in
which he or she is participating under clause 10.
(4) If both the
chairperson and the deputy chairperson are not present or participating, the
members present or participating are to appoint a member to preside.
(5) At any meeting of
the board a number of members equal to at least one half of the number of
members provided for by section 10 constitute a quorum.
(6) Questions arising
at a meeting of the board are to be decided, in open voting, by a majority of
the votes of members and associate members present.
(7) If the votes of
members and associate members present at a meeting and voting on a question
are equally divided, the person presiding has a casting vote in addition to a
deliberative vote.
9 . Resolution without meeting
A written resolution
signed by each member or assented to by each member by letter or facsimile is
as effectual as if it had been passed at a meeting of the board.
10 . Telephone or similar meetings
A communication
between a majority of the members by telephone, audio-visual or other
electronic means is a valid meeting of the board if —
(a) each
participating member is capable of communicating with every other
participating member instantaneously at all times during the proceedings; and
(b) all
members were advised that the communication would be taking place and were
given the opportunity to participate.
The board is to cause
accurate records to be kept of the proceedings at its meetings.
Subject to this Act,
the board is to determine its own procedures.