Western Australian Current Acts

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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 7A

7A .         Authority member unable to act

        (1)         Subsection (2) applies if —

            (a)         the Minister is satisfied that the Chair or Deputy Chair is unable to act by reason of illness, absence or other cause; or

            (b)         the office of Chair or Deputy Chair is vacant.

        (2)         The Governor may, on the Minister’s recommendation, appoint an Authority member to act temporarily as the Chair or Deputy Chair (as the case requires).

        (3)         Subsection (4) applies if the Minister is satisfied that an Authority member, other than the Chair or Deputy Chair, is unable to act by reason of illness, absence or other cause.

        (4)         The Governor may, on the Minister’s recommendation, appoint a person as an alternate Authority member to act temporarily in the Authority member’s place.

        (5)         The Minister can recommend a person under subsection (4) only if the Minister is satisfied in relation to the person as set out in section 7(2A).

        (6)         The Governor’s power to appoint a person under subsection (4) is subject to section 7(5).

        (7)         The remuneration, travelling and other allowances and other terms and conditions of appointment of an alternate Authority member are those that the Minister, on the recommendation of the Public Sector Commissioner, determines for the alternate Authority member.

        (8)         While acting in accordance with their appointment under subsection (4), an alternate Authority member is taken to be an Authority member (subject to subsection (7) which applies instead of section 9).

        (9)         An act or omission of a person acting in an office under this section cannot be questioned on the ground that the occasion to act in the office had not arisen or had ceased.

        [Section 7A inserted: No. 36 of 2024 s. 5.]



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