Western Australian Current Acts Western Australian Current Acts (1) The body known as
the Environmental Protection Authority and established under the repealed Act
is under that name hereby continued in existence subject to this Act.
(2) The Authority
consists of 5 to 9 members appointed by the Governor on the recommendation of
the Minister.
(2A) The Minister can
recommend a person under subsection (2) only if the Minister is satisfied that
the person has —
(a) a
suitable level of interest in, and experience of, matters affecting the
environment generally; and
(b) a
suitable level of knowledge, skills, experience or qualifications in 1 or more
of the following fields —
(i)
environmental science;
(ii)
natural resource and biodiversity management;
(iii)
waste management and pollution control;
(iv)
industry, commerce or economic development;
(v)
public administration, governance, regulation or law;
(vi)
regional areas and issues.
(3) Before making a
recommendation under subsection (2) the Minister must publish a notice calling
for expressions of interest in appointment to the office of Authority member.
(4) The Minister shall
consider expressions of interest lodged in accordance with the notice but may
make a recommendation under subsection (2) whether or not the person
recommended has lodged an expression of interest.
(4a) One of the
Authority members shall be appointed by the Governor on the recommendation of
the Minister to be the Chair of the Authority and another to be the Deputy
Chair of the Authority.
(4b) The duties of the
Chair are to be performed on a full-time basis.
(4c) The duties of an
Authority member other than the Chair are to be performed on a full-time or
part-time basis as determined by the Governor on the recommendation of the
Minister in the case of that member.
(5) An Authority
member shall not be a person who is employed under and subject to Part 3 of
the Public Sector Management Act 1994 .
(6) Subject to this
Act, an Authority member shall hold office for such period not exceeding 3
years as is specified in the instrument of appointment, but may from time to
time be reappointed.
(7) The office of an
Authority member becomes vacant if the Authority member —
(a)
becomes an insolvent under administration within the meaning of the
Corporations Act 2001 (Commonwealth); or
(b)
after appointment as an Authority member, becomes a person employed under and
subject to the Public Sector Management Act 1994 Part 3; or
(c) is
removed from office by the Governor —
(i)
on the grounds of misbehaviour, incompetence, or mental
or physical incapacity, impairing the performance of the Authority
member’s functions and proved to the satisfaction of the Governor; or
(ii)
on the grounds of being absent without leave, if it is
proved to the satisfaction of the Governor that the Authority member has been
absent, except on leave granted by the Minister, from 3 consecutive meetings
of the Authority of which the Authority member has had reasonable notice;
or
(d)
resigns from office by notice in writing delivered to the Minister.
(8) The person who is
the Chair or the Deputy Chair ceases to hold that office if the person’s
office as an Authority member becomes vacant.
[Section 7 amended: No. 113 of 1987 s. 32; No. 34
of 1993 s. 5; No. 32 of 1994 s. 19; No. 10 of 2001 s. 70; No. 40 of 2020 s. 6
and 111(1); No. 36 of 2024 s. 4.]