New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 317

317 Appointment of persons to exercise certain functions

(1) This section applies to a public body, being--

(a) a local council, a county council, a joint organisation under the Local Government Act 1993 or other local authority, or

(b) any other public body that--

(i) is constituted by or under an Act, and

(ii) is not subject to the control or direction of a Minister.

This section does not apply to a State owned corporation.

(2) If, in the opinion of the Governor, the environment is harmed or is likely to be harmed because of--

(a) the failure or refusal of a public body to exercise a statutory function, or

(b) the manner in which the body exercises such a function,

the Governor may, by proclamation, appoint another person to exercise such functions of the body as are specified in the proclamation.

(3) The person so appointed is taken, during the period of the appointment, to have the functions specified in the person's appointment and to have those functions to the exclusion of the body that would, but for the appointment, have those functions.

(4) A proclamation under subsection (2), unless sooner revoked, ceases to have effect on the expiration of 21 sitting days of the Legislative Assembly after it is made.

(5) The Governor may, by proclamation, revoke or amend the terms of an appointment under this section at any time before the proclamation ceases to have effect.

(6) The regulations may make provision for or with respect to the functions of a person in connection with the person's appointment and, in particular, for or with respect to--

(a) the remuneration of the person, and

(b) the incurring of expenditure by the person, and

(c) requiring other persons to render all necessary assistance to the person in the exercise of a function specified in the person's instrument of appointment.