Part 2 Establishment and membership of the National Environment Protection Council

8   The National Environment Protection Council

The National Environment Protection Council is established.

9   Membership of the Council

(1)  The Council consists of the following members:

(a)  a Minister of the Commonwealth who is nominated by the Prime Minister,

(b)  a Minister of each participating State who is nominated by the Premier of the State concerned,

(c)  a Minister of each participating Territory who is nominated by the Chief Minister of the Territory concerned.

(2)  A member ceases to be a member if:

(a)  the participating State or participating Territory in respect of which the member is nominated ceases to be a participating State or participating Territory, or

(b)  the member ceases to be a Minister, or

(c)  another Minister of the same jurisdiction is nominated in substitution for the member.

(3)  Nominations under this section must be in writing.

(4)  The performance of a function or the exercise of a power by the Council is not affected by a vacancy or vacancies in the membership of the Council.

(5)  Anything done by or in relation to a person purporting to act under a nomination under this section is not invalid merely because there was a defect or irregularity in connection with the nomination.

10   Chairperson of the Council

The member referred to in section 9 (1) (a) is the Chairperson of the Council.

11   Deputies

(1)  The Prime Minister, the Premier of a participating State or the Chief Minister of a participating Territory may nominate a Minister to be the deputy of the Minister nominated under section 9.

(2)  In the event of the absence or unavailability of the Chairperson, or of another member, the Minister nominated as the deputy of the Chairperson or of that other member:

(a)  may act in the place of the Chairperson or of that other member, and

(b)  while so acting, has all the functions and powers of the Chairperson or of that other member.

(3)  Nominations under this section must be in writing.

(4)  Anything done by or in relation to a person purporting to act under a nomination under subsection (1) is not invalid merely because:

(a)  there was a defect or irregularity in connection with the nomination, or

(b)  the occasion to act had not arisen or had ceased.