Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The body known as
the Environmental Protection Authority and established under the repealed Act
is under that name hereby continued in existence subject to this Act.
(2) The Authority
consists of 5 members appointed by the Governor on the recommendation of the
Minister on account of their interest in, and experience of, matters affecting
the environment generally.
(3) Before making a
recommendation under subsection (2) the Minister shall publish in a daily
newspaper circulating throughout the State a notice calling for expressions of
interest in appointment to the office of Authority member.
(4) The Minister shall
consider expressions of interest lodged in accordance with the notice but may
make a recommendation under subsection (2) whether or not the person
recommended has lodged an expression of interest.
(4a) One of the
Authority members shall be appointed by the Governor on the recommendation of
the Minister to be the Chairman of the Authority and another to be the Deputy
Chairman of the Authority.
(4b) The duties of the
Chairman are to be performed on a full-time basis.
(4c) The duties of an
Authority member other than the Chairman are to be performed on a full-time or
part-time basis as determined by the Governor on the recommendation of the
Minister in the case of that member.
(5) An Authority
member shall not be a person who is employed under and subject to Part 3
of the Public Sector Management Act 1994 .
(6) Subject to this
Act, an Authority member shall hold office for such period not exceeding
5 years as is specified in his instrument of appointment, but may from
time to time be reappointed.
(7) The office of an
Authority member becomes vacant if he —
(a)
becomes an insolvent under administration within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(b)
after his appointment as an Authority member, becomes a person employed under
and subject to Part 3 of the Public Sector Management Act 1994 ; or
(c) is
removed from office by the Governor —
(i)
on the grounds of misbehaviour, incompetence, or mental
or physical incapacity, impairing the performance of his functions and proved
to the satisfaction of the Governor; or
(ii)
it having been proved to the satisfaction of the Governor
that the Authority member has absented himself, except on leave granted by the
Minister, from 3 consecutive meetings of the Authority of which he has had
reasonable notice, on the grounds of his having so absented himself;
or
(d)
resigns his office by notice in writing delivered to the Minister.
(8) The Chairman or
the Deputy Chairman ceases to hold office as such if his office as an
Authority member becomes vacant.
[Section 7 amended by No. 113 of 1987
s. 32; No. 34 of 1993 s. 5; No. 32 of 1994 s. 19;
No. 10 of 2001 s. 70.]