Protection of the Environment Administration Act 1991 Protection of the Environment Administration (Disclosure by Board Members) Regulation 1992 (1992-487) [GG No 105 of 28.8.1992] (NSW)

1992—No. 487

PROTECTION OF THE ENVIRONMENT ADMINISTRATION

ACT 1991—REGULATION

(Protection of the Environment Administration (Disclosure by Board Members)

Regulation 1992).

NEW SOUTH WALES

[Published in Gazette No. 105 of 28 August 1992]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Protection of the Environment Administration

Act 1991, has been pleased to make the Regulation set forth hereunder.

CHRISTOPHER HARTCHER,

Minister for Environment.

PART 1—PRELIMINARY

Citation

1. This Regulation may be cited as the Protection of the Environment Administration (Disclosure by Board Members) Regulation 1992.

Commencement

2. This Regulation commences on 1st September, 1992.

Definitions

3. (1) In this Regulation:

“address” means:

(a)

in relation to an individual, the last residential or business address of the individual known to the member disclosing the address; or

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(b)

in relation to a corporation, the address of the registered office of the corporation in New South Wales or, if there is no such office, the address of the principal office of the corporation in the place in which it is incorporated; or

(c)

in relation to any real property, the postal address of the property or the particulars of title of the property;

“approved” means approved by the Minister;
“Authority” means the Environment Protection Authority;
“Board” means the Board of the Authority;
“debt” means a debt arising from a loan of money or from the supply
of goods or services;
“Director-General” means the Director-General of the Authority;
“disposition of property” means any conveyance, transfer,
assignment, settlement, delivery, payment or other alienation of
property and includes the following:
(a) the allotment of shares in a company;
(b) the creation of a trust in respect of property;

(c) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in respect of property;
(d) the release, discharge, surrender, forfeiture or abandonment (at law or in equity) of any debt, contract, chose in action or any interest in respect of property;
(e) the exercise by a person of a general power of appointment over property in favour of any other person;
(f) any transaction entered into by any person with the intention of diminishing, directly or indirectly, the value of his or her own property and increasing the value of the property of any other person;

“environmental association” means a body or association, whether

or not incorporated, having as one of its objects or activities
environment protection within the meaning of the Act;

“gift” means any transfer of property made otherwise than by will without consideration in money or money’s worth passing from the receiver to the giver, or with some such (not fully adequate) consideration so passing, but does not include any financial or other contribution to travel;
‘‘income” means assessable income within the meaning of the Income
Tax Assessment Act 1936 of the Commonwealth but does not
include remuneration payable under the Statutory and Other Offices
Remuneration Act 1975;

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“interest” means:

(a)

in relation to any property, any estate, interest, right or power whatever, whether at law or in equity, in or over the property; or

(b)

in relation to any corporation, a relevant interest in the shares of the corporation within the meaning of Division 5 of Part 1.2 of the Corporations Law;
“member” means a member of the Board;
“occupation” includes trade, profession’ and vocation;
“ordinary return” means the return referred to in clause 7;
“ordinary return period” means the period referred to in clause 8;
“primary return” means the return referred to in clause 5;
“primary return date” means the date referred to in clause 6;
“professional or business association” means a body or organisation,
whether or not incorporated, having as one of its objects or activities the promotion of the economic interests of its members in any occupation;
“property” includes money;
“public company” means a company whose shares are listed for
quotation on the stock market of a stock exchange in New South
Wales;
“re-appointed member” means a member who, immediately on
completion of a term of office, is re-appointed for another term;
“register” means the register referred to in clause 20;
“relative” in relation to a member, means any of the following:

(a)

the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the member or of the member’s spouse;

(b)

the spouse (including a de facto heterosexual or homosexual domestic partner) of the member or of any other person referred to in paragraph (a);
“return” means a primary return or an ordinary return;
“special disclosure” means a disclosure made under clause 7 (1) or
(4) of Schedule 1 to the Act;

“the Act” means the Protection of the Environment Administration

Act 1991;
“travel” includes accommodation incidental to a journey.

(2) A reference in this Regulation to a disclosure concerning any real property, income, corporation or other thing includes a reference to a

1992—No. 487

disclosure concerning any real property situated, income derived, corporation incorporated, or other thing arising or received, outside New South Wales.

(3) For the purposes of this Regulation, gifts or contributions to travel given, loans made, or goods or services supplied, to a member by 2 or more corporations which are related to each other within the meaning of section 50 of the Corporations Law are taken to have been given, made or supplied by a single corporation.

(4) A reference in this Regulation to the lodgment of a return with the Board is a reference to the tabling at a meeting of the Board of a return completed in accordance with directions set out in the form containing disclosures in accordance with this Regulation.

Contravention of Regulation

4. A contravention of this Regulation by a member is not an offence. However, a contravention by an appointed member, within the meaning of clause 1 of Schedule 1 to the Act, constitutes grounds for removal of the member under clause 6 (3) of that Schedule.

PART 2—RETURNS AND SPECIAL DISCLOSURES

Primary returns

5. (1) A person who becomes a member (including a person who

became a member before the commencement of this Regulation) must
lodge a primary return with the Board:

(a)

in the case of a person who becomes a member after the commencement of this Regulation, within 3 months after the person becomes a member; or

(b)

in the case of a person who became a member before the commencement of this Regulation, within 3 months after the person became a member or within 1 month after the commencement of this Regulation, whichever period expires later.
(2) A primary return is to be in an approved form.

Primary return date

6. For the purposes of this Regulation, the primary return date is, in

relation to a member other than a re-appointed member, the date of the
member’s appointment.

1992—No. 487

Ordinary returns

7. (1) A member must, before 1 October each year, lodge with the Board an ordinary return.

(2) A member in relation to whom the primary return date is after 30
April in any year must lodge his or her first ordinary return with the

Board before 1 October in the following year, despite subclause (1).

(3) An ordinary return is to be in an approved form.

Ordinary return period

8. For the purposes of this Regulation, the ordinary return period in

relation to which an ordinary return is to be lodged by a member in a
particular year is:

(a)

if the last return lodged by a member was an ordinary return, one year ending on 30 June in that year; or

(b)

if the last return was a primary return, the period beginning on the first day after the primary return date in relation to the member and ending on 30 June in that year.

Nil returns

9. A member must comply with this Part in relation to returns even if no disclosures are included in a return.

Special disclosures

10. A member who makes a special disclosure (that is, a disclosure under clause 7 (1) or (4) of Schedule 1 to the Act) must do so in writing in an approved form which is to be tabled at a meeting of the Board and is to be recorded in the register as soon as possible.

PART 3—MATTERS TO BE DISCLOSED

Real property

11. (1) A member must disclose in a primary return and in an ordinary

return:

(a)

the address of each parcel of real property in which the member had an interest on the primary return date (disclosed in the primary return) or at any time during the ordinary return period (disclosed in the ordinary return); and
(b) the nature of the interest in each. parcel.

1992—No. 487

(2) An interest referred to in this clause need not be disclosed by a member if the member had the interest only in his or her capacity:

(a)

as the executor or administrator of the estate of a deceased person and the member was not a beneficiary under the will or intestacy; or

(b)

as a trustee and the member acquired the interest in the ordinary course of any occupation of the member which is not related to his or her duties as a member.

Sources of income

12. (1) A member must disclose:

(a) in a primary return, each source of income which the member reasonably expects to receive in the period commencing on the first day after the primary return date and ending on the next 30 June; and
(b) in an ordinary return, each source of income received by the member during the ordinary return period.

(2) A reference in this clause to each source of income received, or reasonably expected to be received, by a member is a reference to:

(a) in relation to income from an occupation of the member:

• a description of the occupation; and

•

if the member is employed, the name and address of the member’s employer; and

•

if the member is the holder of an office, a description of the office; and

•

if the member is in partnership, the name (if any) under which the partnership is conducted; and

(b) in relation to income from a trust, the name and address of the settlor and the trustee; and
(c) in relation to any other income, a description sufficient to identify the person from whom, or the circumstances in which, the income was, or is reasonably expected to be, received.

(3) The source of any income referred to in this clause need not be

disclosed if the amount received, or reasonably expected to be received,
by the member from that source did not, or will not, exceed $500.

Gifts

13. (1) A. member must disclose in an ordinary return the description

of each gift received by the member during the ordinary return period and
the name and address of the donor of each gift.

1992—No. 487

(2) A gift referred to in this clause need not be disclosed:

(a)

if the amount of the gift did not exceed $500 unless the gift was one of 2 or more such gifts made by one person during the period and the amount of the gifts exceeded, in the aggregate, $500; or
(b) if the donor was a relative of the member.

(3) In this clause, the amount of a gift comprising property other than

money is taken to be an amount equal to the value of the property.

Contributions to travel

14. (1) A member must disclose in an ordinary return:

(a)

the name and address of each person who made any financial or other contribution to any travel undertaken by the member during the ordinary return period; and
(b) the dates on which the travel was undertaken; and

(c) the names of the States, Territories and overseas countries in
which the travel was undertaken.

(2) A financial or other contribution referred to in this clause need not be disclosed:

(a)

if the contribution was made from public funds (including travel on free passes issued under any Act or travel in government vehicles); or

(b) if the contribution was made by a relative of the member; or

(c) if the contribution was made in the ordinary course of any occupation of the member which is not related to his or her duties
as a member; or

(d)	if the amount of the contribution did not exceed $250 unless the contribution was one of 2 or more such contributions made by one person during the period and the amount of the contributions exceeded, in the aggregate, $250.

(3) In this clause, the amount of a contribution (other than a financial contribution) is taken to be an amount equal to the value of the contribution.

Interests and positions in cor

porations

15. (1) A member must disclose in a primary return and an ordinary

return:

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(a)

the name and address of each corporation in which he or she had an interest or held any position (whether or not remunerated) on the primary return date (disclosed in the primary return) or at any time during the ordinary return period (disclosed in the ordinary return); and

(b)

the nature of the interest, or the description of the position held, in each corporation; and

(c) except in the case of a public company, a description of the principal objects of each corporation.

(2) An interest or position referred to in this clause need not be disclosed if the corporation is formed for the purpose of providing recreation or amusement or promoting art, science, religion or charity or any other community purpose except as otherwise required by this Regulation.

Positions in associations

16. A member must disclose in a primary return and an ordinary

return:

(a)

the name of each professional, business or environmental association in which he or she held any position (whether or not remunerated) on the primary return date (disclosed in the primary return) or at any time during the ordinary return period (disclosed in the ordinary return); and
(b) the description of each position held.

Debts

17. (1) A member must disclose in a primary return and an ordinary return the name and address of each person to whom the member was liable to pay any debt on the primary return date (disclosed in the primary return) or at any time during the ordinary return period (disclosed in the ordinary return).

(2) The liability referred to in this clause must be disclosed whether or not the amount, or any part of the amount, was due and payable on that date or at any time during that period.

(3) The liability referred to in this clause need not be disclosed:

(a)

if the amount to be paid did not exceed $500 unless the debt was one of 2 or more such debts which the member was liable to pay to one person and the amounts to be paid exceeded, in the aggregate, $500; or
(b) if the member was liable to pay the debt to a relative; or

1992—No. 487

(c)

if the debt arose from a loan of money and the member was liable to pay the debt to a bank, building society, credit union or other person whose ordinary business includes the lending of money and the loan was made in the ordinary course of business of the lender; or

(d)

if the debt arose from the supply of goods or services and the goods or services were supplied:

•

in the period of 12 months immediately preceding the primary date; or
• during the ordinary return period; or

•

in the ordinary course of any occupation of the member which is not related to his or her duties as a member.

Dispositions of property

18. (1) A member must disclose in an ordinary return particulars of each disposition of real property effected by the member, at any time during the ordinary return period, as a result of which the member retained, either wholly or in part, the use and benefit of the property or the right to re-acquire it at a later time.

(2) A member must disclose in an ordinary return particulars of each disposition of property (whether real or personal) effected by any other person, at any time during the ordinary return period, under arrangements made by the member as a result of which the member obtained, either wholly or in part, the use and benefit of the property.

Discretionary disclosures

19. A member may, at his or her discretion, disclose in any return any

direct or indirect benefits, advantages or liabilities, whether or not
pecuniary:

(a)

which are not required to be disclosed by any other provision of this Part; and

(b)

which the member considers might appear to raise a conflict between the member’s other interests and his or her public duty as a member or which the member otherwise desires to disclose.

1992—No. 487

PART 5—REGISTER OF DISCLOSURES

Register

20. (1) The Board is to compile and maintain a register called the “Register of Disclosures by Members of the Board of the Environment Protection Authority” containing disclosures by members in accordance with the Act and this Regulation.

(2) The register constitutes the book required to be kept under clause 7

(5) of Schedule 1 to the Act.

Form of register

21. (1) The register is to consist of the returns lodged, and any special disclosures made, by members within the previous 8 years, or within such period as to include the primary returns of all current members, whichever is the longer.

(2) The register is to be divided into the following parts:
(a) a part for primary returns;

(b)

a part for the ordinary returns lodged in respect of each ordinary return period;
(c) a part for special disclosures.
(3) The returns filed in any part of the register are to be filed in

alphabetical order according to the surnames of the members concerned.

Inspection of register

22. (1) The register is to be open for public inspection at the head office of the Authority at	all reasonable hours on payment of the fee (if
any) determined by the	Board in accordance with clause 7 (5) of
Schedule 1 to the Act.

(2) The register is to be open to inspection by members at the head
office of the Authority at any time the register is open for public

inspection and at any other reasonable time by arrangement with the

Direc

tor-General.

1992—No. 487

TABLE OF PROVISIONS PART 1—PRELIMINARY

1.     Citation
2.     Commencement
3.     Definitions
4.     Contravention of Regulation
PART 2—RETURNS AND SPECIAL DISCLOSURES

5.     Primary returns
6.     Primary return date
7.     Ordinary returns
8.     Ordinary return period

Nil returns

10. Special disclosures

PART 3—MATTERS TO BE DISCLOSED

11.     Real Property
12.     Sources of income
13.     Gifts
14.     Contributions to travel
15.     Interests and positions in corporations
16.     Positions in associations
17.     Debts
18.     Dispositions of property
19.     Discretionary disclosures

PART 5—REGISTER OF DISCLOSURES

20.     Register
21.     Form of register
22.     Inspection of register

EXPLANATORY NOTE

The purpose of this Regulation is to make provision under the Protection of the Environment Administration Act 1991 for the disclosures of interests of members of the Board of the Environment Protection Authority.

This Regulation makes provision as to:

(a)

the lodgment of primary and ordinary returns containing disclosures about a member’s:
• interests in real property;
• sources of income;
• gifts;
• contributions to travel;
• interests and positions in corporations;

1992—No. 487

• positions in professional, business or environmental associations;
• debts;
• dispositions of property to the benefit of the member;
• other benefits, advantages or liabilities; and

(b) the making of special disclosures by members at meetings of the Board;
and

(c) the compilation and maintenance of a register of disclosures; and

(d) inspection of the register by members of the public and Board members.

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Citations

Protection of the Environment Administration Act 1991 - Protection of the Environment Administration (Disclosure by Board Members) Regulation 1992 (1992-487) [GG No 105 of 28.8.1992] (NSW)

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(b)	in relation to a corporation, the address of the registered office of the corporation in New South Wales or, if there is no such office, the address of the principal office of the corporation in the place in which it is incorporated; or
(c)	in relation to any real property, the postal address of the property or the particulars of title of the property;

(c)	the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in respect of property;
(d)	the release, discharge, surrender, forfeiture or abandonment (at law or in equity) of any debt, contract, chose in action or any interest in respect of property;
(e)	the exercise by a person of a general power of appointment over property in favour of any other person;
(f)	any transaction entered into by any person with the intention of diminishing, directly or indirectly, the value of his or her own property and increasing the value of the property of any other person;

(a)	in relation to any property, any estate, interest, right or power whatever, whether at law or in equity, in or over the property; or
(b)	in relation to any corporation, a relevant interest in the shares of the corporation within the meaning of Division 5 of Part 1.2 of the Corporations Law;

(a)	the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the member or of the member’s spouse;
(b)	the spouse (including a de facto heterosexual or homosexual domestic partner) of the member or of any other person referred to in paragraph (a);

(a)	in the case of a person who becomes a member after the commencement of this Regulation, within 3 months after the person becomes a member; or
(b)	in the case of a person who became a member before the commencement of this Regulation, within 3 months after the person became a member or within 1 month after the commencement of this Regulation, whichever period expires later.

(a)	if the last return lodged by a member was an ordinary return, one year ending on 30 June in that year; or
(b)	if the last return was a primary return, the period beginning on the first day after the primary return date in relation to the member and ending on 30 June in that year.

(a)	as the executor or administrator of the estate of a deceased person and the member was not a beneficiary under the will or intestacy; or
(b)	as a trustee and the member acquired the interest in the ordinary course of any occupation of the member which is not related to his or her duties as a member.

(a)	in a primary return, each source of income which the member reasonably expects to receive in the period commencing on the first day after the primary return date and ending on the next 30 June; and
(b)	in an ordinary return, each source of income received by the member during the ordinary return period.

•	if the member is employed, the name and address of the member’s employer; and
•	if the member is the holder of an office, a description of the office; and
•	if the member is in partnership, the name (if any) under which the partnership is conducted; and

(b)	in relation to income from a trust, the name and address of the settlor and the trustee; and
(c)	in relation to any other income, a description sufficient to identify the person from whom, or the circumstances in which, the income was, or is reasonably expected to be, received.

(a)	the name and address of each corporation in which he or she had an interest or held any position (whether or not remunerated) on the primary return date (disclosed in the primary return) or at any time during the ordinary return period (disclosed in the ordinary return); and
(b)	the nature of the interest, or the description of the position held, in each corporation; and
(c) except in the case of a public company, a description of the principal objects of each corporation.

(c)	if the debt arose from a loan of money and the member was liable to pay the debt to a bank, building society, credit union or other person whose ordinary business includes the lending of money and the loan was made in the ordinary course of business of the lender; or
(d)	if the debt arose from the supply of goods or services and the goods or services were supplied:

(a)	which are not required to be disclosed by any other provision of this Part; and
(b)	which the member considers might appear to raise a conflict between the member’s other interests and his or her public duty as a member or which the member otherwise desires to disclose.