Part 2 Waste Recycling and Processing Corporation
4 Establishment of Waste Recycling and Processing Corporation as statutory SOC
(1) There is constituted by this Act a corporation with the corporate name of Waste Recycling and Processing Corporation.(2) The State Owned Corporations Act 1989 is amended by inserting in Schedule 5, in alphabetical order, the words “Waste Recycling and Processing Corporation”.
5 Principal objectives of Corporation
(1) The principal objectives of the Corporation are as follows:(a) to be a successful business and, to this end:(i) to operate at least as efficiently as any comparable businesses, and(ii) to maximise the net worth of the State’s investment in it, and(iii) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,(b) to protect the environment by conducting its operations in compliance with the principles of ecologically sustainable development contained in section 6 (2) of the Protection of the Environment Administration Act 1991,(c) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates,(d) to provide and manage efficient, safe and reliable waste facilities, secondary resource facilities and related facilities,(e) to be an efficient and responsible provider of waste management services, secondary resource recovery services and related services,(f) to minimise any adverse health and environmental impacts of its activities and services relating to waste management and secondary resource recovery.(2) Each of the principal objectives of the Corporation is of equal importance.(3) The provisions of section 20E of the State Owned Corporations Act 1989 do not apply to the Corporation.(4) The annual report of the Corporation under the State Owned Corporations Act 1989 must include an assessment by the Auditor-General of the Corporation’s performance in achieving the objective referred to in subsection (1) (a) (i).
(1) The Corporation has the functions conferred or imposed on it by or under this or any other Act or law.(2) The principal functions of the Corporation are:(a) to establish, maintain and operate waste facilities, secondary resource facilities and related facilities, and(b) to conduct businesses or provide services relating to waste, and secondary resource recovery, and(c) to provide waste management services, secondary resource management services and related services, and(d) to research, develop and implement alternative technologies for managing waste, and(e) to trade in waste and secondary resources.(3) The Corporation may also:(a) provide any facilities or services that are ancillary or incidental to its principal functions, and(b) conduct any business or provide any service (whether or not related to its principal functions) that it considers will further its objectives.(4) In exercising its functions, the Corporation must strive to achieve international best practice in waste management.(5) In exercising its functions, the Corporation must act in accordance with the principles of ecologically sustainable development.
(1) The Corporation is to have a board of directors.(2) The board is to consist of:(a) one director appointed by the voting shareholders on the recommendation of a selection committee comprising:(i) 2 persons nominated by the portfolio Minister, and(ii) 2 persons nominated by Unions NSW,being a person selected by the committee from a panel of 3 persons nominated by Unions NSW, and(b) at least 3 and not more than 6 other directors, to be appointed by the voting shareholders after consultation with the portfolio Minister.(3) The chief executive officer may be appointed as a director.(4) The procedures for constituting a selection committee for the purposes of subsection (2) (a), for making nominations and for determining other matters relating to the selection process are to be determined by the regulations or (subject to the regulations) by the voting shareholders.(5) One of the directors referred to in subsection (2) (b) is (in and by the director’s instrument of appointment or in and by another instrument executed by the voting shareholders) to be appointed as chairperson of the board.(6) The board is accountable to the voting shareholders in the manner set out in Part 4 of the State Owned Corporations Act 1989 and in the constitution of the Corporation.(7) The voting shareholders may remove a director, or the chairperson, from office at any time for any or no reason and without notice (but only at a duly convened meeting of the voting shareholders) and, in that event, the office of the director or chairperson is taken to have become vacant for the purposes of Schedule 8 to the State Owned Corporations Act 1989.(8) Subject to subsection (9), Schedule 8 to the State Owned Corporations Act 1989 has effect with respect to the constitution and procedure of the board.(9) The provisions of section 20J of the State Owned Corporations Act 1989, and of clauses 2 (1) and (2), 4 and 7 (1) (d) and (2) of Schedule 8 to that Act, do not apply to the Corporation or to the chairperson.
(1) The chief executive officer of the Corporation is to be appointed by the board after consultation with the voting shareholders and the portfolio Minister.(2) The board may remove a person from office as chief executive officer, at any time, for any or no reason and without notice, but only after consultation with the voting shareholders and the portfolio Minister.(3) The chief executive officer is entitled to be paid such remuneration (including travelling and subsistence allowances) as the board may determine.(4) The board may, after consultation with the voting shareholders, fix the conditions of employment of the chief executive officer in so far as they are not fixed by or under any other Act or law.(5) The Public Sector Management Act 1988 (Part 8 included) does not apply to the chief executive officer.(6) Subject to subsection (7), Schedule 9 to the State Owned Corporations Act 1989 has effect with respect to the chief executive officer.(7) The provisions of section 20K of the State Owned Corporations Act 1989, and of clauses 2, 3 and 6 of Schedule 9 to that Act, do not apply to the chief executive officer.
9 Acting chief executive officer
(1) The board may, from time to time, appoint a person to act in the office of chief executive officer during the illness or absence of the chief executive officer.(2) The board may remove a person from office as acting chief executive officer, at any time, for any or no reason and without notice.(3) A person, while acting in the office of chief executive officer:(a) has all the functions of the chief executive officer and is taken to be the chief executive officer, and(b) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the board may determine.(4) For the purposes of this section, a vacancy in the office of a chief executive officer is regarded as an absence from office.(5) Clause 5 of Schedule 9 to the State Owned Corporations Act 1989 does not apply to an acting chief executive officer of the Corporation.
10 Application of State Owned Corporations Act 1989
The provisions of this Part are in addition to and (except to the extent to which this Part provides) do not derogate from the provisions of the State Owned Corporations Act 1989.