Environmental Planning and Assessment Act 1979 No 203
Current version for 12 September 2014 to date (accessed 23 November 2014 at 18:11)
Schedule 5B

Schedule 5B Planning assessment panels

(Section 118AA)

Part 1 Panels

Part 2 Provisions relating to panels

Division 1 General

1   Definitions

In this Part:

chairperson means the person appointed by the Minister as the chairperson of the panel.

deputy chairperson means the deputy chairperson of the panel.

member means a member of the panel.

panel means a planning assessment panel listed in Part 1.

Division 2 Members

2   Terms of office of members

(1)  Subject to this Part and the regulations, a member holds office for such period (not exceeding 3 years) as is specified in the member’s instrument of appointment.
(2)  The period under subclause (1) may be determined by reference to the occurrence of a specified event.

3   Basis of office

The office of a member is a part-time office.

4   Remuneration

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.

5   Deputies

(1)  The Minister may, from time to time, appoint a person to be the deputy of a member, and may revoke any such appointment.
(2)  In the absence of a member, the member’s deputy may, if available, act in the place of the member.
(3)  While acting in the place of a member, a person has all the functions of the member and is taken to be a member.
(4)  A person may be appointed as the deputy of 2 or more members, but has only one vote at any meeting of the panel.
(5)  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.

6   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 panel of which reasonable notice has been given to the member personally or by post, except on leave granted by the panel or unless the member is excused by the panel 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 for any or no reason and without notice.

7   Filling of vacancy in office of member

If the office of a member becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy.

8   Chairperson and deputy chairperson

(1)  A panel may elect a deputy chairperson from among its members.
(2)  The chairperson or deputy chairperson vacates office as chairperson or deputy chairperson if he or she:
(a)  is removed from that office by the Minister or the panel under this clause, or
(b)  resigns that office by instrument in writing addressed to the Minister, or
(c)  ceases to be a member of the relevant panel.
(3)  The Minister may at any time remove the chairperson or deputy chairperson from office as chairperson or deputy chairperson.
(4)  A panel may at any time remove the deputy chairperson of the panel from office as deputy chairperson.

9   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 panel, and
(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,
the 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 panel.
(2)  A disclosure by a member at a meeting of a 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, or
(c)  has some other specified interest relating to a specified company or other body or to a specified person,
is 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).
(3)  Particulars of any disclosure made under this clause must be recorded by the 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 panel.
(4)  After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the relevant panel otherwise determines:
(a)  be present during any deliberation of the panel with respect to the matter, or
(b)  take part in any decision of the panel with respect to the matter.
(5)  For the purposes of the making of a determination by a 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 panel for the purpose of making the determination, or
(b)  take part in the making by the panel of the determination.
(6)  A contravention of this clause does not invalidate any decision of a panel.

10   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, or
(b)  prohibiting the person from engaging in employment outside the duties of that office,
the 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.

11   Personal liability

A matter or thing done or omitted to be done by a panel, a member of a panel or a person acting under the direction of a 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.

Division 3

12–18(Repealed)

Top of page