Heritage Amendment Regulation 2014 (No 1) (ACT)

Heritage Amendment Regulation 2014 (No 1)

Subordinate Law SL2014-24

The Australian Capital Territory Executive makes the following regulation under the Heritage Act 2004.

Dated 1 October 2014.

Mick Gentleman

Minister

Simon Corbell

Minister

Heritage Amendment Regulation 2014 (No 1)

Subordinate Law SL2014-24

made under the

Heritage Act 2004

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            Section 5 (3)  1

5            Section 5 (4)  1

6            Section 6 (3)  2

7           Section 7  2

8            Section 8  2

9            Section 9 (4) and example  3

10          Section 9 (6), note  3

11          Dictionary, definition of appointed member  3

12          Dictionary, new definition of voting member  3

1. Name of regulation

   This regulation is the Heritage Amendment Regulation 2014 (No 1).

2. Commencement

   This regulation commences on the commencement of the Heritage Legislation Amendment Act 2014.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Heritage Regulation 2006.

4. Section 5 (3)

   after

   deputy chairperson

   insert

   (the convenor)

5. Section 5 (4)

   substitute

   (4)The convenor must give the other members written notice of particulars of the meeting—

   (a)if the meeting is not urgent—at least 5 working days before the day of the meeting; or

   (b)if the meeting is urgent—as soon as practicable before the meeting.

   (5)In subsection (4):

   particulars of the meeting includes the following:

   (a)the date and time of the meeting;

   (b)details about—

   (i)if members are required to attend the meeting in person—where the meeting will be held; or

   (ii)if members are not required to attend the meeting in person—the way in which members may take part in the meeting;

   (c)an agenda for the meeting.

6. Section 6 (3)

   substitute

   (3)If the chairperson and the deputy chairperson are absent, the voting member chosen by a majority of voting members present presides.

7. Section 7

   Substitute

8. Quorum of council meetings

   Business may be carried on at a meeting of the council only if at least 5 voting members are able to take part in the meeting.

9. Section 8

   omit

   appointed

   substitute

   voting

10. Section 9 (4) and example

    substitute

    (4)A resolution is a valid resolution of the council, even if it is not passed at a meeting of the council, if—

    (a)at least 5 voting members consider a proposal for the resolution; and

    (b)the resolution is passed by a majority of the voting members who considered the proposal.

    (4A)A voting member who considers the proposal may agree or disagree with the proposal in writing or by electronic communication.

    Example—electronic communication

    telephone or email

    (4B)If the votes in a decision about the proposal are equal, the voting member presiding has a casting vote.

11. Section 9 (6), note

    omit

12. Dictionary, definition of appointed member

    omit

13. Dictionary, new definition of voting member

    insert

    voting member means a member other than—

    (a)the conservator of flora or fauna; or

    (b)the chief planning executive; or

    (c)for a particular issue to be considered or decided by the council at a council meeting—a member who, under section 10 (Disclosure of interests by council members), is not entitled to be present at council’s consideration of, or decision on, the issue.

Endnotes

1. Notification

   Notified under the Legislation Act on 2 October 2014.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2014