Heritage Regulation 2006

This regulation is the Heritage Regulation 2006.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation.

Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Meetings of the council are to be held when and where it decides.

However, the council must meet at least—

once every 3 months; and

6 times a year.

The chairperson or deputy chairperson (the convenor)—

may at any time call a meeting of the council; and

must call a meeting of the council if asked by the Minister or at least 4 members.

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

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

if the meeting is urgent—as soon as practicable before the meeting.

In subsection (4):

particulars of the meeting includes the following:

the date and time of the meeting;

details about—

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

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

an agenda for the meeting.

The chairperson presides at all meetings of the council at which the chairperson is present.

If the chairperson is absent, the deputy chairperson presides.

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

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.

At a meeting of the council each voting member has a vote on each question to be decided.

Note The Act, s 19 (2) provides that the conservator of flora and fauna and the chief planner are not eligible to vote on questions being decided by the council.

A question is to be decided by a majority of the votes of the voting members present and voting but, if the votes are equal, the voting member presiding has a casting vote.

The council may conduct its proceedings (including its meetings) as it considers appropriate.

A meeting may be held using a method of communication, or a combination of methods of communication, that allows a member taking part to hear or otherwise know what each other member taking part says without the members being in each other’s presence.

Examples

a phone link, a satellite link, an Internet or intranet link

A member who takes part in a meeting conducted under subsection (2) is taken, for all purposes, to be present at the meeting.

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

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

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

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

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

The council must—

keep minutes of its meetings; and

prepare a notice of its decisions at meetings.

A person may inspect the notice of council decisions during ordinary office hours at the place named under the Act, section 21 (4) where the heritage register may be inspected.

If a member has a material interest in an issue being considered, or about to be considered, by the council, the member must disclose the nature of the interest at a council meeting as soon as practicable after the relevant facts come to the member’s knowledge.

Note Material interest is defined in s (4). The definition of indirect interest in s (4) applies to the definition of material interest.

The disclosure must be recorded in the council’s minutes and, unless the council otherwise decides, the member must not—

be present when the council considers the issue; or

take part in a decision of the council on the issue.

Any other member who also has a material interest in the issue must not be present when the council is considering its decision under subsection (2).

In this section:

associate, of a person, means—

the person’s business partner; or

a close friend of the person; or

a family member of the person.

executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.

indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:

an associate of the person;

a corporation, if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation;

a subsidiary of a corporation mentioned in paragraph (b);

a corporation, if the person, or an associate of the person, is an executive officer of the corporation;

the trustee of a trust, if the person, or an associate of the person, is a beneficiary of the trust;

a member of a firm or partnership, if the person, or an associate of the person, is a member of the firm or partnership;

someone else carrying on a business, if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.

material interest—a member has a material interest in an issue if the member has—

a direct or indirect financial interest in the issue; or

a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the council’s consideration of the issue.