Environmental Planning and Assessment Act 1979 No 203
Historical version for 26 October 2009 to 7 January 2010 (accessed 6 August 2020 at 05:53) Current version
Schedule 3
Schedule 3 Planning Assessment Commission
(Section 23B (5))
Part 1 General
1   Definitions
In this Part:
chairperson means the person appointed by the Minister as the chairperson of the Commission.
Commission means the Planning Assessment Commission.
member means a member of the Commission.
Part 2 Members
2   Members
(1)  The Commission is to consist of the chairperson and not less than 3 members and not more than 8 members appointed by the Minister.
(2)  One member of the Commission is, in the instrument of appointment, to be appointed as chairperson of the Commission.
(3)  Each member is to have expertise in at least 1 of planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering, tourism or government and public administration.
(4)  In appointing a member of the Commission, the Minister is to have regard to the need to have a range of expertise represented among the Commission’s members.
3   Additional casual members
The Minister may appoint additional members of the Commission for the purposes of exercising specific functions of the Commission. A casual member is not required to have expertise in an area referred to in clause 2 but is required to have expertise in an area relevant to the functions the member is to exercise.
4   Constitution of Commission for particular matters
(1)  For the purpose of carrying out any of its functions, the Commission is to be constituted by 3 members. The regulations may prescribe circumstances in which the Commission may be constituted by more than 3 members or less than 3 members.
(2)  The members for the purpose of exercising a function of the Commission are, subject to any directions of the Minister, to be determined by the chairperson.
(3)  The Commission may, at any time, exercise by the same members or different members, one or more of its functions.
(4)  For the purpose of exercising any of its functions, the Commission is to be constituted by specified members, or members with specified qualifications or expertise, if a direction to that effect is given by the Minister.
5   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 or the completion of the exercise of particular functions of the Commission.
(3)  A member is eligible to be re-appointed.
6   Basis of office
(1)  The office of chairperson may be a full-time or a part-time office.
(2)  The office of any other member is a part-time office.
7   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.
8   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 Governor under Chapter 5 of the Public Sector Employment and Management Act 2002, or
(e)  is absent from 3 consecutive meetings of the Commission of which reasonable notice has been given to the member personally or by post, except on leave granted by the Commission or unless the member is excused by the Commission 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 if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988, recommends that consideration be given to the removal of the member from office because of corrupt conduct by the member.
9   Filling of vacancy in office of member
If the office of a member becomes vacant, a person may, subject to this Act and the regulations, be appointed to fill the vacancy.
10   Chairperson
The chairperson vacates office as chairperson if he or she:
(a)  is removed from that office by the Minister, or
(b)  resigns that office by instrument in writing addressed to the Minister, or
(c)  ceases to be a member of the Commission.
11   Disclosure of pecuniary interests
(1)  If:
(a)  a member has a pecuniary interest in a matter being considered or about to be considered at a meeting of the Commission, 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 Commission.
(2)  A member has a pecuniary interest in a matter if the pecuniary interest is the interest of:
(a)  the member, or
(b)  the member’s spouse or de facto partner or a relative of the member, or a partner or employer of the member, or
(c)  a company or other body of which the member, or a nominee, partner or employer of the member, is a member.
(3)  However, a member is not taken to have a pecuniary interest in a matter as referred to in subclause (2) (b) or (c):
(a)  if the member is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or
(b)  just because the member is a member of, or is employed by, a council or a statutory body or is employed by the Crown, or
(c)  just because the member is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the member has no beneficial interest in any shares of the company or body.
(4)  A disclosure by a member at a meeting of the Commission that the member, or a spouse, de facto partner, relative, partner or employer of 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).
(5)  Particulars of any disclosure made under this clause must be recorded by the Commission 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 Commission.
(6)  After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Commission otherwise determines:
(a)  be present during any deliberation of the Commission with respect to the matter, or
(b)  take part in any decision of the Commission with respect to the matter.
(7)  For the purposes of the making of a determination by the Commission under subclause (6), 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 Commission for the purpose of making the determination, or
(b)  take part in the making by the Commission of the determination.
(8)  A contravention of this clause does not invalidate any decision of the Commission.
12   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.