Coastal Protection Act 1979 No 13
Schedule 2 Constitution and procedure of Coastal Panel
(Section 12 (8))
Part 1 General
In this Schedule:Chairperson means the Chairperson of the Coastal Panel.Deputy Chairperson means the Deputy Chairperson of the Coastal Panel.member means any member of the Coastal Panel.
Part 2 Constitution
2 Terms of office of members
Subject to this Schedule and the regulations, a member holds office for such period (not exceeding 3 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
(1) The Minister may, from time to time, appoint a person to be the deputy of a member. The appointment is to be made in the same manner as the appointment of the member.(2) The Minister may, at any time, revoke any such appointment.(3) In the absence of a member, the member’s deputy may, if available, act in the place of the member.(4) While acting in the place of a member, a person has all the functions of the member and is taken to be a member.(5) For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.(6) This clause does not operate to confer on the deputy of a member who is the Chairperson or Deputy Chairperson the member’s functions as Chairperson or Deputy Chairperson.
5 Vacancy in office of member
(1) The office of a 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(d) is removed from office by the Minister under this clause, or(e) is absent from 3 consecutive meetings of the Coastal Panel of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister 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 Minister may remove a member from office at any time.(3) Despite subclause (2), the Minister must not remove from office a member who was nominated by the Local Government and Shires Association of New South Wales unless the Minister has consulted with the Association.
6 Filling of vacancy in office of member
If the office of any member becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy.
7 Disclosure of pecuniary interests
(1) If:(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Coastal Panel, andthe member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Coastal Panel.(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,(2) A disclosure by a member at a meeting of the Coastal Panel that the member:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, oris a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).(c) has some other specified interest relating to a specified company or other body or to a specified person,(3) Particulars of any disclosure made under this clause must be recorded by the Coastal Panel in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Coastal Panel.(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Coastal Panel otherwise determines:(a) be present during any deliberation of the Coastal Panel with respect to the matter, or(b) take part in any decision of the Coastal Panel with respect to the matter.(5) For the purposes of the making of a determination by the Coastal Panel under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the Coastal Panel for the purpose of making the determination, or(b) take part in the making by the Coastal Panel of the determination.(6) A contravention of this clause does not invalidate any decision of the Coastal Panel.(7) This clause applies to a member of a committee of the Coastal Panel and the committee in the same way as it applies to a member of the Coastal Panel and the Coastal Panel.
8 Effect of certain other Acts
(1) Chapter 2 of the Public Sector Employment and Management Act 2002 does not apply to or in respect of the appointment of 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, orthe 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.(b) prohibiting the person from engaging in employment outside the duties of that office,
9 Personal liability
A matter or thing done or omitted to be done by the Coastal Panel, a member of the Coastal Panel or a person acting under the direction of the Coastal Panel does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.
Part 3 Procedure
10 General procedure
The procedure for the calling of meetings of the Coastal Panel and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Coastal Panel.
The quorum for a meeting of the Coastal Panel is a majority of its members for the time being.
12 Presiding member
(1) The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson, or in the absence of both the Chairperson and the Deputy Chairperson, a person elected by the members of the Coastal Panel who are present at a meeting of the Coastal Panel) is to preside at a meeting of the Coastal Panel.(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Coastal Panel at which a quorum is present is the decision of the Coastal Panel.
14 Transaction of business outside meetings or by telephone
(1) The Coastal Panel may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Coastal Panel for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Coastal Panel.(2) The Coastal Panel may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.(3) For the purposes of:(a) the approval of a resolution under subclause (1), orthe Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Coastal Panel.(b) a meeting held in accordance with subclause (2),(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Coastal Panel.(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
15 First meeting
The Minister may call the first meeting of the Coastal Panel in such manner as the Minister thinks fit.
16 Minutes of meetings
The Coastal Panel must cause full and accurate minutes to be kept of the proceedings of its meetings.
17 Minutes to be available for public inspection
The Chairperson must, on request, make available to any member of the public a copy of the minutes of the proceedings of the meetings of the Coastal Panel.