New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"appointed member" means a person referred to in section 34 (1) (c).
"elected member" means a person referred to in section 34 (1) (b).
(1) An ordinary election of elected members is to be held--(a) at the same time as the election of the Lord Mayor by the councillors under section 290 (1) (a) of the Principal Act, or(b) at a meeting of the City Council held within 3 weeks of the election of the Lord Mayor by electors of the City of Sydney under section 289 of the Principal Act.
(2) The office of an elected member commences on the day of the member's election and becomes vacant on the day of the election of the member's successor or on the occurrence of an extraordinary vacancy.
(3) An extraordinary election of an elected member shall be held as soon as practicable after the extraordinary vacancy occurs.
(4) An elected member is eligible (if otherwise qualified) for re-election.
(5) The City Council may remove an elected member (other than a person who has been appointed under subclause (6) and who is not a councillor of the City of Sydney) at any time.
(6) If a person is not elected in accordance with this clause, the Minister may appoint any person to be an elected member and the person so appointed shall be taken to have been duly elected.
(7) If a person appointed by the Minister to be an elected member is not a councillor of the City of Sydney, the Minister may remove the person from office at any time.
The Lord Mayor of Sydney shall be the Chairperson of the Planning Committee.
(1) The members of the Planning Committee are to elect a person from among their number to be the Deputy Chairperson of the Planning Committee.
(2) The person may be elected for the duration of the person's term of office as a member or for a shorter term.
(1) The Lord Mayor of Sydney may appoint a councillor of the City of Sydney who is not an elected member, or the general manager, to be the alternate member for the Lord Mayor.
(2) The City Council may appoint an alternate for each of the elected members of the Planning Committee.
(3) The Minister administering Part 4 of the Planning Act may appoint alternates for the appointed members of the Planning Committee and the appointment of any such alternate may specify the circumstances in which the person so appointed is to act as an alternate.
(4) A person, other than a person appointed under subclause (3), may not be an alternate member for more than one member of the Planning Committee at the same time.
(5) A person may not act in the office of more than one member of the Planning Committee at the same time.
(6) An alternate member may only act in the office of the member for whom that alternate member is the alternate member during the illness or absence of the member and while so acting, the alternate member has, subject to clause 14, all the functions of the member and shall be taken to be the member.
Subject to this Schedule, an appointed member shall hold office for such period (not exceeding 5 years) as may be specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(1) An appointed member, or alternate, is entitled to be paid from the consolidated fund of the City Council such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member or alternate.
(2) Remuneration under this clause is not to be paid to an appointed member, or alternate, who is a State government employee.
An extraordinary vacancy occurs in the office of an elected member if--
(a) a casual vacancy occurs under the Principal Act in the civic office of the member, or
(b) the member resigns the office by instrument in writing addressed to the City Council.
(1) The office of an appointed member becomes vacant if the member--(a) dies,(b) completes a term of office and is not re-appointed,(c) resigns the office by instrument in writing addressed to the Minister,(d) is removed from office by the Minister under this clause,(e) is absent from 4 consecutive meetings of the Planning Committee of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Minister or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for having been absent from those meetings,(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,(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 an appointed member from office at any time.
If the office of an appointed member becomes vacant, a person shall, subject to this Act, be appointed to fill the vacancy.
(1) Chapter 14 (Part 1 excepted) of the Principal Act applies to and in respect of--(a) a member of the Planning Committee in the same way as it applies to and in respect of a councillor, and(b) a member of a subcommittee of the Planning Committee in the same way as it applies to and in respect of a member of a council committee, and(c) a meeting of the Planning Committee in the same way as it applies to and in respect of a meeting of a council, and(d) a meeting of a subcommittee of the Planning Committee in the same way as it applies to and in respect of a meeting of a council committee.
(2) The Planning Committee shall cause particulars of any disclosure made pursuant to this clause to be recorded in a book kept for the purpose and that book shall be open at all reasonable hours to inspection by any person on payment of such fee as may be determined by the Planning Committee from time to time.
No matter or thing done by the Planning Committee, any member or any person acting under the direction of the Planning Committee shall, if the matter or thing was done in good faith for the purpose of executing this or any other Act, subject the member or person so acting personally to any action, liability, claim or demand.
The procedure for the calling of meetings of the Planning Committee and for the conduct of business at those meetings shall, subject to this Act and the regulations, be as determined by the Planning Committee.
The quorum for a meeting of the Planning Committee is 4 members.
(1) The Chairperson of the Planning Committee or, in the absence of the Chairperson, the Deputy Chairperson or, in the absence of both the Chairperson and the Deputy Chairperson, another member elected to chair the meeting by the members present shall preside at a meeting of the Planning Committee.
(2) The person presiding at any meeting of the Planning Committee has a deliberative vote and, in the event of an equality of votes, a casting vote.
(3) An alternate member for the Chairperson or Deputy Chairperson shall not preside at a meeting of the Planning Committee unless elected in accordance with this clause.
A decision supported by a majority of the votes cast at a meeting of the Planning Committee at which a quorum is present is the decision of the Planning Committee.
Any 2 members of the Planning Committee may notify the Chairperson of a matter or topic to be included in the agenda for a meeting of the Committee and the Chairperson is to ensure that the matter or topic is included in the agenda.
The following provisions apply to and in respect of the members of the Planning Committee in the same way as they apply to and in respect of councillors of a council, except in so far as provision is otherwise made by or under this Act--
(a) Part 1 of Chapter 4 and Division 2 of Part 2 of Chapter 12 of the Local Government Act 1993 ,
(b) the regulations made under that Act (but only in so far as those regulations apply to the conduct of council meetings and the conduct of councillors in respect of such meetings).
In any legal proceedings, proof is not required (until evidence is given to the contrary) of--
(a) the constitution of the Planning Committee, or
(b) any resolution of the Planning Committee, or
(c) the appointment of, or the holding of office by, any member of the Planning Committee, or
(d) the presence of a quorum at any meeting of the Planning Committee.
A document requiring authentication by the Planning Committee may be sufficiently authenticated if signed by the Chairperson of the Planning Committee or the general manager.