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Contents (1974 - 80)
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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 13 November 2019 at 10:17)
Schedule 10
Schedule 10 Provisions relating to trust boards
(Sections 47GB, 47T)
1   Definition
In this Schedule:
member means a member of a trust board.
2   Acting members
(1)  The Minister may, from time to time, appoint a person to act in the office of a member during the illness or absence of the member, and the person, while so acting, has and may exercise all the functions of the member and is taken to be a member.
(2)  The Minister may remove a person from the office to which the person was appointed under this clause.
(3)  For the purposes of this clause, a vacancy in the office of a member is regarded as an absence from office of the member.
3   Term of office
Subject to this Schedule, a member holds office for such period not exceeding 5 years as may be specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.
4   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)  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
(e)  becomes a mentally incapacitated person, or
(f)  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, or
(g)  is removed by the Minister under this clause.
(1A)  In addition, the office of a member who is a member by virtue of being the holder of a particular office becomes vacant if the member ceases to hold the office that qualifies the member as a member.
(2)  The Minister may remove a member from office at any time.
5   Filling of vacancy
If the office of a member becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.
6   Disclosure of pecuniary interests
(1)  If:
(a)  a member of a trust board has a direct or indirect pecuniary interest in a matter that is being considered or is about to be considered at a meeting of the board, 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 trust board.
(2)  A disclosure by a member at a meeting of the trust board 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 a specified person,
is a sufficient disclosure of the nature of the interest in any matter or thing 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 are to be recorded by the trust board in a book kept for the purpose and that book is to be open at all reasonable hours to inspection by any person.
(4)  After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the trust board otherwise determines, be present during any deliberation of the trust board, or take part in any decision of the trust board, with respect to the matter.
(5)  A contravention of this clause does not invalidate any decision of the trust board.
7   Liability of members and other persons
A matter or thing done or omitted to be done by:
(a)  an SRA trust or regional park trust, or
(b)  a member, or
(c)  an administrator while managing the affairs of an SRA trust or regional park trust, or of a local council in relation to the care, control and management of a regional park, or
(d)  a person acting under the direction of a trust board, or of an administrator while so managing,
does not, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject any member, administrator or person so acting personally to any action, liability, claim or demand.
8   General procedure and first meeting of members
(1)  The procedure for the calling of meetings of the members of a trust board and for the conduct of business is, subject to any directions by the Chief Executive, to be as determined by the members.
(2)  The Chief Executive is to call the first meeting of the members of a trust board in such manner as the Chief Executive thinks fit.
9   Quorum
The quorum for a meeting of the members of a trust board is a majority of the members for the time being.
10   Voting
A decision supported by a majority of the votes cast at a meeting of the members of a trust board at which a quorum is present is the decision of the trust board.
11   Minutes of meetings
A trust board is required to keep full and accurate minutes of the proceedings of each of its meetings.