(1)  The Council consists of not more than 12 persons appointed by the Governor on the nomination of the Minister.

(2)  The persons nominated for membership of the Council are to be persons who, in the opinion of the Minister –

(a) have an interest in, and an ability to contribute to, the objectives of this Act; and

(b) have the capacity to offer independent advice, taking into account community views and expectations.

(3)  The Governor may appoint a member as chairperson of the Council.

(4)  A person appointed as the chairperson is to be so appointed for the term specified in the instrument of his or her appointment and, subject to this section, ceases to hold the office of chairperson at the expiration of that term.

(5)  A member continues in office for the term, not exceeding 3 years, specified in the instrument of appointment, unless that member sooner resigns, is removed from office or otherwise ceases to hold office.

(6)  If a member dies or ceases to hold office otherwise than by reason of the effluxion of time, the member appointed to fill the vacancy ceases to hold office at the expiration of the unexpired term of office of the member in whose place he or she is appointed.

(7)  The members are not, as members, subject to the State Service Act 2000 , but a State Service officer or State Service employee may hold office as a member of the Council in conjunction with State Service employment.

(8)  At a meeting of the Council, the chairperson of the Council or, if the chairperson is absent or there is no chairperson, another member present and chosen by the members present is to preside.

(9)  The chairperson or other member presiding at a meeting of the Council has a deliberative vote only and, in the event of an equality of votes on any matter before a meeting of the Council, that matter stands adjourned to the next meeting of the Council.

(10)  Six members of the Council constitute a quorum at any meeting of the Council.

(11)  The following persons have a right to attend a meeting of the Council:

(a) the Director, or a person nominated by the Director;

(b) the Secretary of the responsible Department in relation to the Nature Conservation Act 2002 , or a person nominated by that Secretary.

(12)  Subject to this Act, the Council may regulate its own proceedings.

(13)  The chairperson and the other members –

(a) are to be paid the remuneration determined by the Governor; and

(b) may be paid the travelling and other allowances determined by the Governor.

(14)  If the chairperson or another member is a State Service officer or State Service employee, that person is not entitled to be paid an allowance referred to in subsection (13)(b) except with the approval of the Head of the State Service Agency in which he or she is employed.