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Contents (2001 - 10)
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Nature Conservation Trust Act 2001 No 10
Repealed version for 15 January 2016 to 24 August 2017 (accessed 9 December 2019 at 03:07)
Schedule 1
Schedule 1 Members and procedure of the Board
(Section 17)
Part 1 General
1   Definitions
In this Schedule:
Chairperson means the Chairperson of the Board.
Deputy Chairperson means the Deputy Chairperson of the Board.
member means any member of the Board.
Part 2 Members
2   Terms of office of members
(1)  Subject to this Schedule, a 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.
(2)  However, 5 of the first appointees are to be appointed for a term that does not exceed 2 years and 6 months.
(3)  Section 19 does not apply to the re-appointment of a member that is for a period of 12 months or less, but only in respect of the first re-appointment of that member.
3   Remuneration
(1)  A non-government member is entitled to be paid such remuneration (including travelling and subsistence allowances) as:
(a)  the Board may from time to time determine in its business plan in respect of the member, or
(b)  the regulations may specify,
whichever is the lesser.
(2)  The remuneration is to be paid from an operating account.
4   (Repealed)
5   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 Minister under this clause, or
(e)  is absent from 4 consecutive meetings of the Board of which reasonable notice has been given to the member personally or by post, except on leave granted by the Board or unless the member is excused by the Board 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, or
(i)  in the case of a member referred to in section 18 (1) (a)—ceases to be qualified for appointment.
(2)  The Minister may at any time remove a member from office, but only if the Minister is satisfied that the member is guilty of misconduct in his or her activities as a member.
(3)  For the purposes of this clause, misconduct of a member includes (but is not limited to) the following:
(a)  conduct that is detrimental to the achievement of the object of the Trust,
(b)  conduct that is likely to bring the Trust into disrepute,
(c)  unethical conduct.
6   Filling of vacancy in office of member
If the office of any member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
7   Chairperson and Deputy Chairperson
(1)  A Chairperson and Deputy Chairperson are to be elected by the members at the first meeting of the Board.
(2)  In the absence of the Chairperson, the Deputy Chairperson may, if available, act in the place of the Chairperson.
(3)  While acting in the place of the Chairperson, the Deputy Chairperson has all the functions of the Chairperson and is taken to be the Chairperson.
(4)  The Chairperson or Deputy Chairperson vacates office as Chairperson or Deputy Chairperson if the person:
(a)  ceases to be a member of the Board, or
(b)  resigns from that office by instrument in writing addressed to the Board, or
(c)  is removed from office by a vote of the Board.
(5)  If the office of Chairperson or Deputy Chairperson becomes vacant, a member is to be elected by the members to fill the vacancy.
8   Disclosure of pecuniary interests
(1)  If:
(a)  a member has a direct or indirect pecuniary interest in a matter being considered or 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 Board.
(2)  A disclosure by a member at a meeting of the 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 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).
(3)  Particulars of any disclosure made under this clause must be recorded by the Board in a book kept for the purpose and that book must be open at all reasonable hours for inspection by any person on payment of such reasonable fee as may be determined by the Board from time to time.
(4)  After a member has disclosed the nature of an interest in any matter, the other members are to determine whether the member concerned may:
(a)  be present during any deliberation of the Board with respect to the matter, or
(b)  take part in any decision of the Board with respect to the matter.
(5)  For the purposes of the making of a determination by the Board under subclause (4), 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 Board for the purpose of making the determination, or
(b)  take part in the making by the Board of the determination.
(6)  A contravention of this clause does not invalidate any decision of the Board.
9   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.
10   Personal liability
A matter or thing done or omitted to be done by the Board, a member of the Board or a person acting under the direction of the Board does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.
Part 3 Procedure
11   General procedure
The procedure for the calling of meetings of the Board and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Board.
12   Quorum
The quorum for a meeting of the Board is 5 members, of whom one must be the Chairperson or Deputy Chairperson.
13   Presiding member
(1)  The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson) is to preside at a meeting of the Board.
(2)  The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
14   Voting
A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.
15   Transaction of business outside meetings or by telephone
(1)  The Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Board 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 Board.
(2)  The Board 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 Board.
(4)  A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Board.
(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.
16   First meeting
The Minister may call the first meeting of the Board in such manner as the Minister thinks fit.