Second Schedule — ENVIRONMENT PROTECTION ACT

Added by

(articles 6 and 10A)

XXX.2023.10.

Provisions with respect to the Board of the Authority

and the Commission

1. The provisions of this Schedule regulate the procedures to be followed by the

Board of the Authority and by the Commission. Unless the context otherwise requires,

for the purposes of this Schedule, wherever the words "Board of the Authority" are used,

they are to be construed as to include the Commission.

2. The meetings of the Board of the Authority shall be called by the Chairperson,

and the said Board of the Authority shall meet at such times as the Board may decide.

3. The Board of the Authority may act notwithstanding any vacancy amongst its

members, provided there is a quorum present at the meeting.

4. The quorum of the Board of the Authority shall consist of half the number of

the members constituting the Board of the Authority, at the time of the meeting,

including the Chairperson or the deputy Chairperson.

5. The Chairperson or the deputy Chairperson acting in his place, shall have an

original vote, and where the votes are equally divided, he shall have a second or casting

vote. All the members of the Board of the Authority present at its meetings shall cast

their vote in favour or against any motion put to the vote. Decisions shall be adopted by

a simple majority of the votes of the members present.

6. Without prejudice to the provisions of article 13, a member of the Board of the

Authority who has a direct or indirect interest in any matter coming before the Board of

the Authority for its consideration shall, not later than the first meeting held after the

relevant circumstances have come to his knowledge, disclose the nature of his interest.

The said disclosure shall be recorded in the minutes of the meeting and the member

(a)

shall not take part in any discussions or decisions of the Board of

the Authority with respect to that matter; and

(b)

shall be disregarded for the purpose of constituting a quorum for

any such discussions or decisions.

7. All acts done by any person in good faith as a member of the Board of the

Authority shall be valid and effective as if he were a member even if some defect in his

qualification for appointment is subsequently discovered.

8. Subject to the provisions of this Act, including this Schedule, the Board of the

Authority may regulate its own procedures.

9. The meetings of the Board of the Authority shall be open to the public in the

following cases

ENVIRONMENT PROTECTION

(a)

determination of environmental permit applications as the Minister

may prescribe by regulations ;

(b)

reconsideration of environmental permits in accordance with article

62;

(c)

revocation or modification in accordance with article 65;

(d)

reconsiderations in accordance with article 69(6);

(e)

any other decision as the Minister may prescribe.

The Board of the Authority shall allow the applicant and his representative, or any

one of them, and registered interested parties who made representations in accordance

with the provision of article 59(3), to make submissions on any matter under

consideration. The Chairperson, at his absolute discretion, may also allow any other

member of the public to make submissions, subject to the power of the Chairperson to

exclude any member of the public if he deems it necessary to do so for the maintenance

of order and to limit the participation of the applicant and his representative, or of the

registered interested parties who made representations in accordance with the provision

of article 59(3), or the public, as he may deem appropriate

Provided that the Chairperson may, where he deems appropriate, convene and

conduct the meeting of the Board of the Authority through such electronic or other viable

means of communication as he deems appropriate, in which case, the applicant and his

representative, or any of them, and a registered interested party who made

representations in accordance with the provision of article 59(3), and any member of the

public who, in the absolute discretion of the Chairperson, is allowed to make

submissions, shall be allowed to make submissions through such electronic or other

viable means of communication. The Chairperson may take all such measures, deemed

appropriate in his discretion, to ensure the proper conduct of the meeting by electronic or

other viable means. The Chairperson may also consider holding hybrid meetings

whereby Board of the Authority members can attend either physically or by electronic

means

Provided further that in order to allow a member of the public to participate in

the meeting held through electronic or other viable means of communication as

aforesaid, the Chairperson may, through a notice posted on the Authority’s website,

require that anyone interested in participating in the said meeting, to register such

interest, in the manner therein indicated, at least one (1) working day before the date of

the meeting, in order to enable the Chairperson to take any measure he deems

appropriate to allow the participation of the members of the public. Nothing in this

paragraph shall be interpreted as voiding or annulling the procedure or parts thereof,

including any decision taken by the Board of the Authority, should any member of the

public fail to participate in the proceedings, wherever allowed to do so, due to the failure

of the electronic or other viable means used to conduct the meeting or his inability to do

so

Provided further that a member of the public’s attendance or participation

during a meeting of the Board of the Authority shall not be sufficient reason to provide

juridical interest to any person to file an appeal from a decision

ENVIRONMENT PROTECTION

Provided further that in case the Board of the Authority conducts its meeting

through electronic or other viable means of communication, any reference in this

Schedule to a quorum or any reference made to the presence of or voting by the members

of the Board of the Authority at the meeting shall be construed accordingly

Provided further that meetings of the Board of the Authority held through

electronic or other viable means of communication in accordance with this paragraph

shall have the same effect at law as if the said meetings were held physically.

10. Minutes of meetings held in public shall be made available to the public on the

Authority’s website.

11. Meetings of the Board of the Authority where the Directorates are providing

information to the Board of the Authority do not need to be held in public but votes may

not be taken.

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