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PROTECTION OF THE ENVIRONMENT ADMINISTRATION ACT 1991 - SCHEDULE 2

SCHEDULE 2 – Members and procedure of advisory committees

(Section 31 (3))

1 Definitions

In this Schedule--

"ex-officio member" means a person who is a member of an advisory committee by virtue of being the holder of a particular office.

"member" means any member of an advisory committee.

2 Chairperson of advisory committee

(2) One of the members of an advisory committee is to be appointed by the Authority as Chairperson of the advisory committee. Any such appointment may be made at the time the person is appointed as a member or after that appointment.
(3) The Authority may at any time remove a member from the office of Chairperson of an advisory committee.
(4) A person who is a member and Chairperson of an advisory committee vacates the office of Chairperson if the person--
(a) is removed from that office under this clause, or
(b) resigns that office by instrument in writing addressed to the Authority, or
(c) ceases to be a member.

3 Deputies of members

(2) The Authority may, from time to time, appoint a person to be the deputy of a member of an advisory committee and the Authority may revoke any such appointment.
(3) In the absence of a member, the member's deputy--
(a) may, if available, act in the place of the member, and
(b) while so acting, has all the functions of the member and is to be taken to be a member.
(4) The deputy of a member who is Chairperson of an advisory committee does not (because of this clause) have the member's functions as Chairperson.
(5) A person while acting in the place of a member is entitled to be paid such allowances as the Minister may from time to time determine in respect of the person.

4 Terms of office

Subject to this Schedule, a member (other than an ex-officio member) holds office for such period (not exceeding 2 years) as is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

5 Allowances

A member is entitled to be paid such allowances as the Minister from time to time determines in respect of the member.

6 Vacancy in office of member

(1) The office of a member (other than an ex-officio member) becomes vacant if the member--
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Minister or the Authority, or
(d) is removed from office under this clause, or
(e) is absent from 4 consecutive meetings of the advisory committee of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the advisory committee or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the advisory committee for having been absent from those meetings, or
(f) 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 for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Authority may remove a member from office at any time.

7 Filling of vacancy in office of member

If the office of a member (other than an ex-officio member) becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.

8 Effect of certain other Acts

(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.
(2) If by or under any Act provision is made--
(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the duties of that office,
the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.
(3) The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.

9 General procedure

The procedure for the calling of meetings of an advisory committee and for the conduct of business at those meetings is, subject to this Act and the regulations and to any direction of the Minister or the Authority, to be as determined by the advisory committee.

10 Quorum

The quorum for a meeting of an advisory committee is a majority of the members for the time being of the advisory committee.

11 Presiding member

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

12 Voting

A decision supported by a majority of the votes cast at a meeting of an advisory committee at which a quorum is present is the decision of the advisory committee.



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