Div 1Environment Protection Authority

Division 1—Environment Protection Authority 11—Establishment of Authority (1) The Environment Protection Authority is established. (2) The Authority— (a) is a body corporate with perpetual succession and a common seal; and (b) is capable of suing and being sued in its corporate name; and (c) is capable of acquiring, holding or dealing with real or personal property in its corporate name; and (d) has the functions and powers assigned or conferred under this Act. (3) The Authority is an instrumentality of the Crown and holds its property on behalf of the Crown. (4) In the exercise of its powers, functions or duties, the Authority is subject to the direction of the Minister except in relation to— (a) the making of a recommendation or report to the Minister; or (b) the performance of its functions under Part 6 or Part 6A; or (c) the enforcement of this Act. (5) Any direction given to the Authority by the Minister must be in writing. 13—Functions of Authority (1) The Authority has the following functions: (a) to prepare draft environment protection policies; (b) to conduct regular reviews of environment protection policies, regulations and other measures and practices under this Act to ensure that they are adequate and effective to secure the objects of this Act; (c) to contribute to the development of national environment protection measures and ensure their effective application in this State; (d) to facilitate the pursuit of the objects of this Act by Commonwealth, State and local government bodies, the private sector and the public; (e) to authorise activities of environmental significance through an authorisation system aimed at the control and minimisation of pollution and waste; (f) to conduct investigations for the purpose of assessing compliance with this Act or conditions of licences or other authorisations under this Act; (g) to institute or supervise environmental monitoring and evaluation programmes; (h) to provide advice and assistance in relation to the development and implementation of best environmental management practices and for that purpose encourage and, where necessary, undertake or require environmental audits, emergency planning, environment improvement programmes, environment performance agreements, and similar measures; (i) to conduct and promote programmes and projects for the protection, restoration or enhancement of the environment; (j) to provide advice to the Minister in relation to the administration and enforcement of this Act and in relation to other legislation that has, or may have, an impact on the environment; (k) to administer and enforce this Act and perform any other functions assigned to the Authority by or under any other Act. (2) In performing its functions, the Authority should consult— (a) with other agencies of the State, agencies of the Commonwealth and of the other States and Territories of the Commonwealth, and intergovernmental agencies, that have functions corresponding to those of the Authority; and (b) with local government and relevant industry, environment and community organisations. 14—Powers of Authority The Authority may, for the purpose of performing its functions, exercise any powers that are necessary or expedient for, or incidental to, the performance of its functions and in particular may— (a) obtain expert or technical advice from a person on such terms and conditions as the Authority thinks fit; and (b) with the approval of a Minister administering an administrative unit, make use of the services of the administrative unit's employees and of its facilities; and (c) with the approval of a council, make use of the services of officers or employees of that council. 14A—Chief Executive (a) in accordance with section 14(b), the Authority makes use of the services of an administrative unit's employees and of its facilities; and (b) the Minister administering that administrative unit approves the application of this section to the position of chief executive of that administrative unit, the person for the time being holding or acting in the position of chief executive of that administrative unit will be taken to be the Chief Executive of the Authority for the purposes of this Act. (2) The Chief Executive is, subject to the control and direction of the Board, responsible for giving effect to the policies and decisions of the Board. 14B—Board of Authority (1) The Board of the Environment Protection Authority is established as the governing body of the Authority. (2) The Board is to consist of not less than seven and not more than nine members appointed by the Governor. (3) The Chief Executive of the Authority is a member of the Board ex officio. (3a) 1 of the appointed members of the Board will be appointed by the Governor to be the presiding member of the Board. (3b) 1 of the appointed members of the Board may be appointed by the Governor to be the deputy presiding member of the Board. (4) The Minister must consult with prescribed bodies, in accordance with the regulations, in relation to the selection of persons for appointment under this section. (5) The Board's membership must include persons who together have, in the Governor's opinion, the following attributes: (a) qualifications and experience relevant to environmental protection and management or natural resources management; (b) practical knowledge of, and experience in, industry, commerce or economic development; (c) practical knowledge of, and experience in, environmental conservation and advocacy on environmental matters on behalf of the community; (ca) practical knowledge of, and experience in, climate change adaptation and climate change mitigation; (d) practical knowledge of, and experience in, the reduction, re-use, recycling and management of waste or the environmental management industry; (e) legal qualifications and experience in environmental law; (f) qualifications and experience relevant to management generally and public sector management; (g) practical knowledge of, and experience in, local government. (6) At least one member of the Board must be a woman and one a man. (8) The Governor may appoint a suitable person to be deputy of a member of the Board (other than the Chief Executive) and a person so appointed may act as a member of the Board during any period of absence of the member. 15—Terms and conditions of office (2) An appointed member of the Board is to be appointed for a term, not exceeding 3 years, specified in the instrument of appointment and is, on the expiration of a term of office, eligible for re-appointment. (3) An appointed member of the Board is entitled to such remuneration, allowances and expenses as may be determined by the Governor. (4) The Governor may remove an appointed member of the Board from office for— (a) misconduct; or (b) neglect of duty; or (c) incapacity to carry out satisfactorily the duties of his or her office; or (d) failure to carry out satisfactorily the duties of his or her office. (5) An appointed member of the Board neglects his or her duty if the member fails to attend three consecutive meetings without the leave of the Board. (6) The office of an appointed member of the Board becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice addressed to the Minister; or (d) is removed from office by the Governor under subsection (4). (7) On the office of an appointed member of the Board becoming vacant, a person must be appointed in accordance with this Act to the vacant office. 16—Proceedings of Board (1) The Board must meet at least 11 times in each calendar year or more frequently where necessary for the performance of its functions. (2) The presiding member will preside at each meeting of the Board at which he or she is present. (2a) If the presiding member is absent from a meeting of the Board— (a) if a member appointed as deputy presiding member is present—that member will preside; or (b) in any other case—an appointed member of the Board chosen by the members present at the meeting will preside. (3) A quorum of the Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus one. (4) Subject to subsection (3), the Board may act notwithstanding vacancies in its membership or a defect in appointment of a member. (5) A decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Board. (6) Each appointed member present at a meeting of the Board has one vote on a matter arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (6a) The Chief Executive of the Authority is not entitled to vote at a meeting of the Board. (7) A telephone or video conference between members will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present. (8) A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if— (a) notice of the proposed resolution is given to all members in accordance with procedures determined by the Board; and (b) a majority of the members express their concurrence in the proposed resolution by letter, telegram, telex, facsimile transmission or other written communication setting out the terms of the resolution. (9) The Board must have accurate minutes kept of its proceedings and make them available to all members of the Board. (10) A person who is not a member of the Board may be present during a meeting with the consent of the Board but not otherwise. (11) Subject to this Act, the Board may determine its own procedures. 17—Board may establish committees and subcommittees (1) The Board— (a) must establish the committees or subcommittees required by the regulations; and (b) may establish such other committees or subcommittees as the Board thinks fit, to advise the Authority on any aspect of its functions, or to assist the Authority in the performance of its functions. (2) A committee or subcommittee established under subsection (1) will consist of such persons as the Board thinks fit and may, but need not, consist of, or include, members of the Board. (3) The procedures to be observed in relation to the conduct of business of a committee or a subcommittee of the Board will be— (a) as prescribed by regulation; or (b) insofar as the procedure is not prescribed by regulation—as determined by the Board; or (c) insofar as the procedure is not prescribed by regulation or determined by the Board—as determined by the relevant committee or subcommittee. (4) The Public Sector (Honesty and Accountability) Act 1995 applies to the members of a committee or subcommittee as if the committee or subcommittee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister.