PART II

ENVIRONMENT PROTECTION COUNCIL

Establishment of Environment Protection Council.

3. (1) There shall be established for the purpose of this Enactment a body which shall be known as the “Environment Protection Council” (hereinafter referred to as “the Council”) whose function shall be to advise the State Government on matters pertaining to the implementation of this Enactment.

(2) The Council shall consist of the following members –

(a) a Chairman, who shall be the Minister;
(b) the Director of Environment Protection Department, who shall be the Secretary to the Council;
(c) the State Attorney General or his authorised representative;
(d) the Secretary of Natural Resources or his authorised representative;
(e) the Permanent Secretary of the Ministry of Tourism, Environment, Science and Technology or his authorised representative;
(f) the Permanent Secretary of the Ministry of Agriculture and Food Industries or his authorised representative;
(g) the Permanent Secretary of the Ministry of Local Government and Housing or his authorised representative;
(h) the Director of Lands and Surveys or his authorised representative;
(i) the Director of Forestry Department or his authorised representative;
(j) the Director of Drainage and Irrigation Department or his authorised representative;
(k) the Secretary-General of the Federal Ministry of Science, Technology and Environment or his authorised representative;
(l) the Director of Federal Department of Environment (Sabah Region) or his authorised representative; and
(m) 3 other members, who shall be appointed by the Minister.

(3) The Director shall have no right to vote at any meeting.

(4) The Minister may in respect of each member appointed, under paragraph (m) of subsection (2) appoint one person to be an alternate member to attend in place of the member at meetings of the Council if the member is for any reason unable to attend.

(5) When attending meetings of the Council, an alternate member appointed under subsection (4) shall for all purposes be deemed to be a member of the Council.

(6) An alternate member shall, unless the alternate member sooner resigns or the appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Council.

Duration of office and eligibility for reappointment.

4. Every appointed member of the Council shall, unless the member sooner resigns or the appointment is revoked, holds office for a term not exceeding three years and shall be eligible for reappointment.

Disqualification, resignation and vacation.

5. (1) The following persons shall be disqualified from being appointed or being members of the Council –

(a) a person who is of unsound mind or is otherwise incapable of performing the required duties;
(b) a person who has been found guilty of an offence involving fraud, dishonesty or moral turpitude; or
(c) a person who is bankrupt.

(2) An appointed member of the Council shall be deemed to have vacated office –

(a) upon death;
(b) upon resignation;
(c) upon failure to attend three consecutive meetings of the Council without the permission of the Chairman; or
(d) if the member becomes disqualified under subsection (1);

and a new member shall be appointed for the unexpired period in accordance with the provisions under this Enactment.

Calling of meeting, quorum, voting, procedure and minutes.

6. (1) The Council shall meet once every four months of the year and shall, in addition, meet as and when convened by the Chairman.

(2) The Council meeting shall have a quorum of at least nine members.

(3) The Council decision shall be by majority votes.

(4) If there is an equality of votes, the Chairman shall have a casting vote in addition to his deliberative vote.

(5) Subject to this Enactment, the Council shall determine its own procedure.

(6) The Council shall keep minutes of all proceedings of the Council.

(7) The Chairman may invite or request a person, who is not a member of the Council, to attend any meeting of the Council for the purpose of advising it on a matter under discussion but the person so attending shall have no right to vote at the meeting.

Chairman to preside meetings.

7. The Chairman of the Council shall preside at all meetings of the Council.

Payment of allowance.

8. Every member of the Council may be paid an allowance of such sum as may be determined by the Minister in respect of attendance at a meeting of the Council.