Environment Protection Act (Cap. 549), article 6

6. (1) There is hereby established an authority, to be known as the Environment and Resources Authority, which shall consist of not less than nine (9) and not more than eleven (11), of whom o ne shall be the Chairpers on of the Authority. (2) Save as hereinafter provide d, the members of the Board of the Authority shall be appointed by the Minister as follows: (a) three (3) public sector officials having experience or qualifications in matters concerning the environment, environmental health, soci al policy, or resources; (b) seven (7) members (hereinafter called the "independent 6 [CAP. 549. ENVIRONMENT PROTECTION members") shall be chosen from amongst persons of known integrity and with knowledge of and experience in: (i) the Environmental V oluntary Organisations sector and who shall be nominated by the said Voluntary Organisations; and (ii) the rest being persons with knowledge of and experience in matters rela ting to the functions of the authority, f or good governance; (c) a member nominat ed by the Leader of the Opposition. (3) The Chairperson of the Authority shall be chosen by the Minister from amongst the independent members of the Authority. (4) Save as provided in sub-article (2), no person shall be qualified to be appointed as, or remain, a member of the Author ity if he: (a) is a public officer: Provided that the Chairper son shall not be considered as a public officer for the purposes of this sub-article; or (b) is an officer of any depart ment, entity, Corporation or Authority of the Government, provided that for the purposes of this paragraph a member of the academic staff of the University shall be excluded; or (c) is a Minister, Parliamentar y Secretary or a member of the House of Representatives, of the European Parliament, or of a local council; or (d) is a judge or magistrate of the courts of justice; or (e) has a financial or other in terest in any enterprise or activity which is likely to affect the discharge of his functions as a member of the Authority: Provided that the Minister may determine that the person’s interest is not likely to affect the discharge of his functions and upon such determination that person shall be qualified to hold the office of member of the Authority provided that the declared interest and the Minister’s determination are published in the Gazette; or (f) is interdicted or incapacitated; or (g) is convicted of an offence af fecting public trust, or of theft or fraud, or of kno wingly receiving property obtained by theft or fraud or of bribery or of money laundering; or Cap. 386. (h) is subject to disqualification under article 320 of the Companies Act . (5) The independent members shall hold office for such period, being not less than three years, as may be specified in the let ter appointing them and if no such pe riod is specified shall remain in office for three years. In determ ining such perio d of office th e ENVIRONMENT PROTECTION [CAP. 549. 7 Minister shall, as far as practi cable, ensure a m easure of rota tion. (6) Without prejudice to the provisions of sub-article (4), the independent members may resi gn by letter addressed to the Minister but may not be removed from office except by a resolut ion of the House of Representatives on the ground of misconduct or inability to perform the duties of their office. (7) The other members of the Authority shall hold office until they are replaced by the Minister , and as long as they remain i n the public sector. (8) A person who has ceased to be a member of the Authority shall if he is otherwise qualified, be eligible for reappointme nt; but no person shall in the aggregate be a member of the Authority f or more than seven years. (9) The provisions of the Second Schedule shall apply to the Board of the Authority and regulate its proceedings. (10) The Authority shall transmit a copy of the agenda, minutes and relative enclosures of its meetings to the Minister for his information. (11) The Minister, in consultation with the Chairperson of the Authority, shall appoint a secretary to assist the Authority. T he secretary shall have the duty of calling meetings of the Board of the Authority and keeping respective minutes thereof and assume suc h other duties as the Cha irperson of the Authority may assign to him. Authority to be body corporate.