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Environmental Trust Act 1998 No 82
Current version for 15 January 2016 to date (accessed 24 April 2017 at 01:53)
Schedule 1
Schedule 1 Provisions relating to members and procedure of Trust
(Section 6)
1   Definitions
In this Schedule:
appointed member means a member of the Trust referred to in section 6 (2) (d) or (e).
Chairperson means the Chairperson of the Trust.
member means a member of the Trust.
2   Nominations for appointed members
(1)  If the nomination of a panel of persons from which a member is to be appointed is not made within the time and in the manner directed by the Minister, the Minister may appoint a person to be a member instead of the person required to be appointed from a panel so nominated.
(2)  A person so appointed is taken to have been duly nominated for appointment.
3   Deputies of members
(1)  A member (other than an appointed member) may, from time to time, appoint a person to be the deputy of the member, and may revoke any such appointment.
(2)  The Minister may, from time to time, appoint a person to be the deputy of an appointed member, and may 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 so acting, the deputy has all the functions of the member and is to be taken to be a member.
(5)  This clause does not operate to confer on the deputy of a member who is the Chairperson the member’s functions as Chairperson.
4   Terms of office
Subject to this Schedule, an appointed member holds office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
5   Allowances
(1)  An eligible member is entitled to be paid such allowances as the Minister may from time to time determine in respect of the member.
(2)  An eligible member is an appointed member, the deputy of an appointed member or a member of a committee of the Trust who is not a Minister, statutory officer or Public Service employee.
6   Vacancy in office of appointed member
(1)  The office of an appointed 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 4 consecutive meetings of the Trust of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Trust or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Trust 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 an appointed member from office at any time.
7   Filling of vacancy in office of member
If the office of an appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
8   Effect of certain other Acts
(1)  The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to 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.
(3)  The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.
9   General procedure
The procedure for the calling of meetings of the Trust and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Trust.
10   Quorum
The quorum for a meeting of the Trust is 4 members.
11   Presiding member
(1)  The Chairperson or, in the absence of the Chairperson, another member elected to chair the meeting by the members present is to preside at a meeting of the Trust.
(2)  The person presiding at any meeting of the Trust has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
12   Voting
A decision supported by a majority of the votes cast at a meeting of the Trust at which a quorum is present is the decision of the Trust.
13   Transaction of business outside meetings or by telephone
(1)  The Trust may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Trust 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 Trust.
(2)  The Trust 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), or
(b)  a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Trust.
(4)  A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Trust.
(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.
14   First meeting
The Minister is to call the first meeting of the Trust in such manner as the Minister thinks fit.