Subdiv 3Related matters

Subdivision 3—Related matters 26—Validity of acts An act or proceeding of the Commission is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 27—Proceedings (1) A quorum at a meeting of the Commission consists of a number ascertained by dividing the total number of members by half, ignoring any fraction resulting from the division, and adding 1 (and no business may be transacted at a meeting of the Commission unless a quorum is present). (2) A decision carried by a majority of the votes cast by members at a meeting is a decision of the Commission. (3) Each member present at a meeting of the Commission is entitled to 1 vote on any matter arising for decision and, if the votes are equal, the member presiding at the meeting is entitled to a second or casting vote. (4) A conference between members constituting a quorum by telephone or audio‑visual means is a valid meeting of the Commission if— (a) a notice of the conference is given to all members in the manner determined by the Commission for that purpose; and (b) the system of communication allows a participating member to communicate with any other participating member during the conference. (5) A resolution of the Commission— (a) of which prior notice was given to members in accordance with procedures determined by the Commission; and (b) in which at least the majority of members of the Commission expressed their concurrence in writing or by electronic communication, will be taken to be a decision of the Commission made at a meeting of the Commission. (6) A member of the Commission who has a direct or indirect personal or pecuniary interest in a matter before the Commission (other than an indirect interest that exists in common with a substantial class of persons)— (a) must, as soon as he or she becomes aware of his or her interest, disclose the nature and extent of the interest to the Commission; and (b) must not take part in any hearings conducted by the Commission, or in any deliberations or decision of the Commission, on the matter and must be absent from the meeting when any deliberations are taking place or decision is being made. (7) Without limiting the effect of subsection (6), a member of the Commission will be taken to have an interest in a matter for the purposes of that subsection if an associate of the member has an interest in the matter. (8) The Commission must have accurate minutes kept of its proceedings. (9) Subject to this Act, the Commission may determine its own procedures. 28—Disclosure of financial interests (1) A member of the Commission must disclose his or her financial interests in accordance with Schedule 1. (2) A member of a committee established by the Commission under section 29 must disclose their financial interests in accordance with Schedule 1. 29—Committees (1) The Commission— (a) must establish 1 or more committees in connection with its functions and powers as a relevant authority under this Act (to be known as Commission assessment panels); and (b) must establish such other committees as may be required— (i) by the regulations; or (ii) by the Minister; and (c) may, with the approval of the Minister, establish other committees, to advise the Commission on any aspect of its functions, or to assist the Commission or to act on behalf of the Commission in the performance of its functions or the exercise of its powers. (2) A committee may, but need not, consist of or include members of the Commission. (3) The procedures to be observed in relation to the conduct of business of a committee will be— (a) as determined by the Commission; or (b) insofar as the procedure is not determined by the Commission—as determined by the relevant committee. 30—Delegations (1) The Commission may delegate any of its functions or powers. (d) is revocable at will and does not derogate from the power of the Commission to act in any matter. (3) In addition, the Commission must delegate its functions and powers as a relevant authority with respect to determining whether or not to grant planning consent under this Act to— (a) a Commission assessment panel established under section 29(1)(a); or (b) an assessment panel appointed or constituted under section 82; or (c) a person for the time being occupying a particular office or position. (4) The Commission may, in connection with the operation of subsection (3)— (a) make a series of delegations according to classes of development; and (b) vary any delegation from time to time. (5) A function or power delegated under subsection (3) may be further delegated (and any such further delegation may be made subject to conditions or limitations, is revocable at will, and does not derogate from the power of the delegator under this subsection to act in any matter). 31—Staff and facilities (1) There will be such staff to assist the Commission as the Minister may approve. (2) The staff of the Commission will be public service employees. (3) In addition, the Commission may— (a) by arrangement with the appropriate authority, make use of the services, facilities or staff of any government department, agency or instrumentality; or (b) with the approval of the Minister— (i) make use of the services, facilities or staff of any other entity; and (ii) engage any person to perform specific work on terms and conditions determined by the Commission. 32—Annual report (1) The Commission must, on or before 30 September in every year, forward to the Minister a report on the Commission's operations for the preceding financial year. (2) The report must contain any information required by the regulations. (3) The Minister must, within 6 sitting days after receiving a report under this section, cause copies of the report to be laid before both Houses of Parliament. Division 2—Chief Executive 33—Functions (1) The Chief Executive's functions in connection with the administration of this Act include the following: (a) to work with the Commission in the performance of its functions; and (b) to be responsible to the Commission for managing the Commission's business efficiently and effectively; (c) to be responsible for supervising any staff appointed to assist the Commission. (2) The Chief Executive has such other functions assigned to the Chief Executive by the Commission or by or under this or any other Act. 34—Delegation (1) The Chief Executive may delegate any of the Chief Executive's functions or powers under this Act. (d) is revocable at will and does not derogate from the power of the Chief Executive to act in any matter.