Establishment
4. (1) The MEC may by notice in the Provincial Gazette establish one or more Environmental Advisory Bodies for the Province.
(2) The functions and powers of an Environmental Advisory Body are as prescribed.
Composition and appointment
5. (1) The MEC must –
(a) determine the composition of an Environmental Advisory Body;
(b) appoint the members of the Environmental Advisory Body in accordance with subsection (2) for a prescribed term; and
(c) appoint one of the members as the chairperson of the Environmental Advisory Body.
(2) When necessary the MEC must –
(a) by notice in the Provincial Gazette, in at least one newspaper circulated in the Province and by means of radio broadcasts covering the area, invite interested parties to nominate within a period specified in the notice, persons for appointment to an Environmental Advisory Body;
(b) draw up a list of persons nominated; and
(c) appoint from the list, persons who comply with section 6.
(3) When making appointments, the MEC must –
(a) ensure that the body collectively possesses sufficient knowledge and experience concerning issues relevant to the functions of the Environmental Advisory Body;
(b) take into account the need for representivity in the Environmental Advisory Body; and
(c) ensure that the Environmental Management Authority is represented on the Environmental Advisory Body.
Qualifications and disqualifications
6. (1) A member of an Environmental Advisory Body must be a fit and proper person to hold office as a member of the Environmental Advisory Body.
(2) The following persons are ineligible for appointment as members of an Environmental Advisory Body
(a) unrehabilitated insolvents;
(b) persons who have been found guilty of a crime involving dishonesty;
(c) persons who have been removed from an office of trust by a competent court or after a proper disciplinary procedure;
(d) persons who have been sentenced to a term of imprisonment without the option of a fine; or
(e) persons who have been declared unable to conduct their own affairs by a competent court.
Conduct of members
7. (1) A member of an Environmental Advisory Body –
(a) must perform the functions of office in good faith and without favour or prejudice;
(b) must disclose to the Environmental Advisory Body any personal or private business interest that that member or any spouse, partner or close family member may have in any matter before the Environmental Advisory Body, and must withdraw from the proceedings of the Environmental Advisory Body when that matter is considered, unless the Environmental Advisory Body decides that the member’s interest in the matter is trivial or irrelevant;
(c) may not use the position or privileges of a member for private gain or to improperly benefit another person; and
(d) may not act in any other way that compromises the credibility or integrity of the Environmental Advisory Body.
(2) A member who contravenes or fails to comply with subsection (1) is guilty of misconduct.
Termination of membership
8. (1) A person ceases to be a member of an Environmental Advisory Body when that person –
(a) is no longer eligible in terms of section 6 to be a member;
(b) resigns; or
(c) is removed from office in terms of subsection (3).
(2) A member may resign by giving at least three month’s written notice to the MEC, but the MEC may accept a shorter notice period in a specific case.
(3) The MEC may remove a member from office on the grounds of misconduct, incompetence or incapacity, or on any other reasonable ground.
Vacancies
9. (1) When the office of a member of an Environmental Advisory Body becomes vacant, the MEC may, subject to section 6, appoint any person to fill the vacancy.
(2) A person appointed to fill a vacancy holds office for the unexpired portion of the vacating member’s term.
Meetings
10. (1) The Environmental Advisory Body must meet at least twice a year. The chairperson of an Environmental Advisory Body decides when and where the Environmental Advisory Body meets, but the majority of the members or the Environmental Management Authority may request the chairperson in writing, to convene a meeting at a time and place set out in the request.
(2) The chairperson presides at meetings of the Environmental Advisory Body but if the chairperson is absent from a meeting, the members present must elect another member to preside at the meeting.
Procedures
An Environmental Advisory Body may determine its own procedures, subject to section
Quorum and decisions
12. (1) A majority of all the members of an Environmental Advisory Body constitutes a quorum for a meeting of the Environmental Advisory Body.
(2) A matter before the Environmental Advisory Body is decided by the votes of a majority of the members present at the meeting.
(3) If on any matter before the Environmental Advisory Body there is an equality of votes, the member presiding at the meeting must exercise a casting vote in addition to that member’s vote as a member.
Committees established by Environmental Advisory Bodies
13. (1) An Environmental Advisory Body may establish one or more committees to advise it on any matter within the functions of the Environmental Advisory Body.
(2) The Environmental Advisory Body establishing a Committee must determine –
(a) the mandate of the committee;
(b) the composition of the committee, which may include persons who are not members of the Environmental Advisory Body;
(c) the operating procedure of the committee, including –
(i) the quorum for a meeting of the committee; and
(ii) the manner in which decisions must be taken;
(d) the term of office of the members of the committee;
(e) who presides at meetings of the committee;
(f) the manner in which vacancies may be filled; and
(g) any other matter in connection with the committee that the Environmental
Advisory Body may regard necessary.
(3) When appointing members of a Committee, the Environmental Advisory Body must –
(a) ensure that the members appointed are fit and proper persons or persons whose appointment will further the purpose of the Committee; and
(b) take into account the need for representivity in the Committee.
(4) Sections 7 and 8(3) also apply to members of a Committee, and in such application a reference in those sections to an Environmental Advisory Body must be read as a reference to a Committee.
Remuneration and allowances
14. (1) The MEC may from time to time determine the remuneration, travelling and subsistence allowances and other allowances payable to a member of an Environmental Advisory Body or a Committee, if that member is not an officer or employee in the Public Service.
(2) The remuneration and allowances determined in terms of subsection (1) must –
(a) be in accordance with any applicable treasury norms and standards in terms of the Public Finance Management Act, 1999 (Act No.1 of 1999); and
(b) be paid from moneys appropriated by the Provincial Legislature for that purpose.
