Western Australian Current Acts

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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 12

12 .         Disclosure of interests by Authority members

        (1)         If an Authority member has a direct or indirect pecuniary interest in a matter that is, or is to be, before a meeting of the Authority, the Authority member must disclose the nature of the interest.

        (1A)         The disclosure must —

            (a)         be made as soon as possible after the relevant facts have come to the Authority member’s knowledge; and

            (b)         be made to the Authority prior to the meeting or, if that is not possible, be made to the Authority members who are at the meeting; and

            (c)         be recorded in the minutes of the proceedings of the meeting.

        [(2)         deleted]

        (3)         If an Authority member has, in the opinion of the person presiding at a meeting of the Authority, a direct or indirect pecuniary interest in a matter before that meeting, the person so presiding may call on the Authority member to disclose the nature of that interest and, in default of any such disclosure, may determine that the Authority member has that interest.

        (4)         A determination under subsection (3) that an Authority member is interested in a matter shall be recorded in the minutes of the proceedings of the meeting concerned.

        (5)         If an Authority member discloses an interest in a matter under subsection (1), or is determined under subsection (3) to have an interest in a matter, the Authority member cannot be present at the meeting for any consideration or discussion of, or vote on, the matter.

        [Section 12 amended: No. 54 of 2003 s. 124; No. 40 of 2020 s. 111(1); No. 36 of 2024 s. 7.]



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