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Contents (2016 - 63)
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Biodiversity Conservation Act 2016 No 63
Current version for 1 July 2019 to date (accessed 21 September 2019 at 14:48)
Schedule 8
Schedule 8 Members and procedure of Board of Biodiversity Conservation Trust
(Section 10.3)
1   Definitions
In this Schedule:
Board means the Board of the Biodiversity Conservation Trust.
Chairperson means the Chairperson of the Board.
Deputy Chairperson means the Deputy Chairperson of the Board.
member means any member of the Board.
2   Members of Board
(1)  The persons appointed as members of the Board are to be persons who, in the opinion of the Minister, have skills and experience in one or more of the following areas:
(a)  increasing public knowledge, understanding and appreciation of the importance of biodiversity by private landholders and other community members,
(b)  protection and conservation of biodiversity,
(c)  management of natural resources, including agricultural land,
(d)  agricultural land production systems,
(e)  land use planning and operation of local councils,
(f)  marketing, fundraising, communications and stakeholder engagement,
(g)  economics and financial management (including investment fund management),
(h)  information technology,
(i)  law, governance and administration,
(j)  decision-making and leadership.
(2)  A government sector employee is eligible to be appointed as a member of the Board.
(3)  The Minister may publicly advertise for nominations for appointment of persons as members of the Board.
(4)  The Minister is to consult the Minister for Planning and the Minister for Primary Industries in relation to the appointment of members of the Board.
3   Terms of office of members
Subject to this Schedule and the regulations, 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.
4   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 (being at a rate that does not exceed any rate prescribed by the regulations).
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 Minister or unless the member is excused by the Minister 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 at any time.
(3)  If the office of any member becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy.
6   Chairperson and Deputy Chairperson
(1)  The Minister is to appoint a non-government member as the Chairperson and is to appoint another non-government member as Deputy Chairperson.
(2)  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 Minister, or
(c)  is removed from office by the Minister.
(3)  If the office of Chairperson or Deputy Chairperson becomes vacant, a non-government member is to be appointed to fill the vacancy.
7   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 that may arise after the date of the disclosure and that 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 to inspection by any person on payment of the fee determined by the Board.
(4)  After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Board otherwise determines:
(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.
(7)  This clause applies to a member of a committee of the Board and the committee in the same way as it applies to a member of the Board and the Board.
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.
9   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.
10   Quorum
The quorum for a meeting of the Board is a majority of its members for the time being.
11   Presiding member
(1)  The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson, or in the absence of both the Chairperson and the Deputy Chairperson, a person elected by the members of the Board who are present at a meeting of the Board) 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.
12   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.
13   Transaction of business outside meetings or by telephone etc
(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 made at a meeting 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 or other electronic 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 other 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 electronic means.
14   Seal of Trust
(1)  The seal of the Trust is to be kept by a member of the Board, or a member of staff of the Trust, authorised by the Board to keep it.
(2)  The seal of the Trust is to be affixed to a document only:
(a)  in the presence of that member of the Board or of the staff of the Trust who is authorised to do so by the Board generally or in a particular case or class of cases, and
(b)  with an attestation by the signature of that member of the Board or member of staff of the fact of the affixing of the seal.