Commonwealth Coat of Arms of Australia

 

Nature Repair (Committee) Rules 2024

I, Tanya Plibersek, Minister for the Environment and Water, make the following rules.

Dated  26 June  2024

Tanya Plibersek

Minister for the Environment and Water

 

 

 

 

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

Part 2—Nature Repair Committee

5 Operation of this Part

6 Procedure at meetings

7 Quorum at meetings

8 Presiding at meetings

9 Manner of deciding questions

Part 1Preliminary

 

1  Name

  This instrument is the Nature Repair (Committee) Rules 2024.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

2 July 2024

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Nature Repair Act 2023.

4  Definitions

Note: A number of expressions included in this instrument are defined in the Act, including the following:

(a) Nature Repair Committee;

(b) Nature Repair Committee member.

  In this instrument:

Act means the Nature Repair Act 2023.

Part 2Nature Repair Committee

 

5  Operation of this Part

  For the purposes of subsection 201(1) of the Act, this Part sets out the procedures to be followed at or in relation to meetings of the Nature Repair Committee.

6  Procedure at meetings

 (1) The Nature Repair Committee must hold such meetings as are necessary for the performance of its functions under the Act.

 (2) The meetings of the Committee may be held face to face or via teleconference.

 (3) The secretariat of the Committee:

 (a) must take minutes of the meetings; and

 (b) may convene a meeting at any time; and

 (c) must convene a meeting at the request of the Chair of the Committee.

7  Quorum at meetings

 (1) At a meeting of the Nature Repair Committee, a quorum is constituted by 4 Nature Repair Committee members.

 (2) The quorum under subsection (1) must include the Chair of the Committee, unless:

 (a) subsection (3) applies in the circumstance where section 203 of the Act has prevented the Chair from participating in the deliberations or decisions of the Committee with respect to a particular matter; or

 (b) there is no Chair appointed; or

 (c) the Chair is incapacitated; or

 (d) the Chair informs the Committee that the Chair’s presence is not necessary for the quorum at a particular meeting.

 (3) Despite subsection (1), if:

 (a) section 203 of the Act prevents a Nature Repair Committee member from participating in the deliberations or decisions of the Committee with respect to a particular matter; and

 (b) when the member leaves the meeting concerned there is no longer a quorum present; and

 (c) the number of members still remaining at the meeting is 3;

the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at the meeting with respect to that matter.

8  Presiding at meetings

 (1) The Chair of the Nature Repair Committee must preside at all meetings.

 (2) However:

 (a) if section 203 of the Act prevents the Chair from participating in the deliberations or decisions of the Committee with respect to a particular matter, the Committee may appoint an acting Chair from the members present to preside at the meeting concerned during any deliberation or decision with respect to that matter; and

 (b) if there is no Chair appointed or the Chair is absent from the meeting, the Committee may appoint an acting Chair from the members present to preside at the meeting concerned.

9  Manner of deciding questions

 (1) Any question arising at a meeting of the Nature Repair Committee must be determined by resolution.

 (2) A resolution is taken to have been passed if:

 (a) more than half the present and voting members vote for the resolution; and

 (b) either:

 (i) all members were informed of the proposed resolution; or

 (ii) reasonable efforts were made to inform all members of the proposed resolution.