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NATIONAL PARKS AND WILDLIFE ACT 1974 - SCHEDULE 7

SCHEDULE 7 – The Council

(Section 22 (2))

1 Composition

(1) The Council is to consist of 19 members appointed by the Minister (referred to in this Schedule as
"members" ).
(2) The members are to comprise the following--
(a) 4 members of advisory committees representing the geographic spread of the reserve system,
(b) 2 persons with expertise in non-government organisations concerned with the conservation of nature, one of whom is to be selected from a panel of 3 nominees of the National Parks Association of NSW Inc and one of whom is to be selected from a panel of 3 nominees of the Nature Conservation Council of NSW,
(c) 1 person with expertise and experience in Aboriginal cultural heritage conservation,
(d) 2 persons with scientific qualifications in areas associated with the conservation of nature,
(e) 1 person with qualifications in cultural heritage research,
(f) 1 person with expertise and experience in ecotourism or the sustainable visitor or tourist use, enjoyment and appreciation of reserves,
(g) 1 person representing peak recreational bodies, selected from a panel of 3 nominees of bodies that, in the opinion of the Minister, are peak recreational bodies,
(h) 1 person with expertise and experience in environmental education and community involvement in environmental education,
(i) 1 person with expertise and experience in rural and regional development and planning issues,
(j) 1 person with expertise and experience in agriculture and rural issues, being a person nominated by the New South Wales Farmers' Association,
(k) 1 person with expertise and experience in bush fire management,
(l) 2 persons with experience in planning and local government, to be selected from a panel of 4 persons nominated by the Local Government and Shires Association,
(m) 2 persons who are members of the Aboriginal Cultural Heritage Advisory Committee and have been nominated by that Committee.
(3) In appointing and re-appointing persons under this Schedule, the Minister is to ensure, as far as is reasonably practicable, that members of the Council are appointed from a range of organisations that have dealings with the Service.
(4) The Secretary, or a delegate of the Secretary, is to attend meetings of the Council and may participate in discussions of the Council, but is not entitled to vote at any such meeting.
(5) If a nomination for the purposes of subclause (2), or a panel of nominees from which a member is to be chosen for appointment, is not provided within the time and in the manner directed by the Minister, the Minister may appoint a person to be a member instead of the person required to be appointed on that nomination, or to be chosen for appointment from a panel so nominated, as the case may be.
(6) A person so appointed is taken to have been duly nominated.

2 Term of office

(1) A member shall, subject to this Schedule, hold office for a period of 4 years or such lesser period as may be specified in the member's instrument of appointment, and is eligible for reappointment as a member.
(2) A person shall not hold office (whether for 2 consecutive terms or otherwise) for more than 8 years as a member.

5 Removal from office

The Governor may for any cause which to the Governor seems sufficient remove from office any member.

6 Vacation of office

A member shall be deemed to have vacated the member's office if the member--

(a) dies,
(b) resigns the member's office by writing under the member's hand addressed to the Minister,
(c) becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act,
(d) ceases to hold the qualification by virtue of which the member was appointed, or
(e) is removed from office by the Governor.

7 Filling casual vacancy

On the occurrence of a vacancy in the office of a member, otherwise than by the expiration of the term for which the member was appointed, the Minister may appoint a person to hold that office for the balance of the predecessor's term of office, being a person qualified under clause 1 (3) in the same manner as that predecessor.

8 Alternate members

(1) The Minister may at any time appoint, as an alternate member to act during the absence or illness of a member, a person qualified under clause 1 (3) in the same manner as the person for whom he or she is the alternate member.
(2) An alternate member shall have and may exercise, while acting as a member of the Council, the powers, authorities, duties and functions, as such a member, of the person for whom he or she is the alternate member.

9 Chairperson and Deputy Chairperson

(1) The Minister is to appoint a Chairperson and Deputy Chairperson of the Council.
(2) The Chairperson is to be appointed from a panel of 3 members nominated by the Council.
(3) The Deputy Chairperson is to be appointed from a panel of 3 members nominated by the Council.
(4) The panels referred to in subclauses (2) and (3) may comprise the same members.
(5) A meeting of the Council at which a panel is determined for the purposes of subclause (2) or (3) is to be chaired by a member elected by the members present at the meeting.
(6) A person appointed as Chairperson or Deputy Chairperson holds office for a period of not more than 2 years specified in the person's instrument of appointment.
(7) A person is not to hold office (whether for 2 consecutive terms or otherwise) for more than 4 years as Chairperson.
(8) A person is not to hold office (whether for 2 consecutive terms or otherwise) for more than 4 years as Deputy Chairperson.

10 Presiding member

(1) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson or, in the absence of both of them, another member elected to chair the meeting by the members present is to preside at a meeting of the Council.
(2) The person presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

12 Quorum

(1) Eight members shall form a quorum at any meeting of the Council and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Council.
(2) Questions arising at a meeting of the Council shall be determined by a majority of votes of the members present and voting.

13 Procedure

The procedure for the calling of meetings of the Council and for the conduct of business at those meetings shall, subject to this Schedule and any regulations made in relation thereto, be as determined by the Council.

14 Fees

A member of the Council shall be entitled to receive such fees and travelling or other expenses (if any) as the Minister may determine in respect of the member.



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