Protection of the Environment Operations (General) Regulation 2022

This section applies to a member of the Review Panel who has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Review Panel if the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter.

The member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Review Panel.

If the interest in the matter required to be disclosed relates to a specified company or other body or a specified person, 1 of the following disclosures is a sufficient disclosure of the nature of the interest—

that the member is a member, or is in the employment, of the company or other body,

that the member is a partner, or is in the employment, of the person,

that the member has some other specified interest relating to the company or other body or to the person.

Particulars of a disclosure made under this section must be recorded by the Review Panel in a book kept for the purpose and the book must be open at all reasonable hours for inspection by a person on payment of a fee decided by the Review Panel.

After a member has disclosed the nature of an interest in a matter, the member must not, unless the Minister or the Review Panel otherwise decides—

be present during a deliberation of the Review Panel in relation to the matter, or

take part in a decision of the Review Panel in relation to the matter.

For the purpose of the making of a decision by the Review Panel under subsection (5), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not—

be present during a deliberation of the Review Panel for the purpose of making the decision, or

take part in the making by the Review Panel of the decision.

A contravention of this section does not invalidate a decision of the Review Panel.