Revised Laws of Saint Lucia (2021)

Schedule

(Section 4(2))

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   1.   The Authority consists of a chairperson, a deputy chairperson and not less than 7 or more than 9 other members, all of whom shall be appointed by the Minister by instrument in writing.

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   2.   Subject to paragraph 4,5 and 6, a member of the Board holds office for a period not exceeding 3 years as the Minister may direct in the instrument appointing the member, but is eligible for re-appointment.

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   3.   The Minister may appoint, in accordance with paragraph 2, a person to act temporarily in the place of a member of the Board in case of the absence from Saint Lucia or the inability to act of that member.

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   4.   A member of the Board, other than the chairperson, may at any time resign that member's office by instrument in writing addressed to the chairperson who shall cause the same to be forwarded to the Minister and upon the date of the receipt by the chairperson of such instrument the member ceases to be a member of the Board unless some other date is mentioned in the instrument.

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   5.   The chairperson may, at any time, resign his or her office by instrument in writing addressed to the Minister, and upon the date of the receipt by the Minister of the instrument he or she ceases to be chairperson and a member of the Board unless another date is mentioned in the instrument.

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   6.   A vacancy shall be deemed to arise in the membership of the Board in case of—

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      (a)     the death of a member;

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      (b)     resignation of a member;

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      (c)     the revocation by the Minister of the appointment of a member;

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      (d)     the absence from Saint Lucia of a member without leave of the Minister;

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      (e)     the failure of a member to attend 3 consecutive meetings of the Board, unless that failure to attend was approved by the Minister.

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   7.   A member of the Board is eligible for remuneration by way of fees or travelling or other allowances, as the Minister may determine.

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   8.   The names of all members of the Board as at first constituted or a change in the membership of the Board shall be published in the Gazette.

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   9.

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      (1)     The seal of the Authority shall be kept in the custody of the chairperson or deputy chairperson or another member of the Board as the Board may approve and may be affixed to documents or instruments pursuant to a Resolution of the Board and in the presence of the chairperson or deputy chairperson and the Secretary to the Authority.

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      (2)     The seal of the Authority shall be authenticated by the signature of—

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         (a)     the chairperson or deputy chairperson; and

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         (b)     the Secretary to the Authority.

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      (3)     A document or instrument, other than that required by law to be under seal, or a decision made by the Authority may be signified under the hand of the chairperson or deputy chairperson.

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   10.

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      (1)     The Board shall meet at such times as may be necessary or expedient for the transaction of its business and a meeting shall be held on a day and at a time and place as the Authority determines.

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      (2)     The chairperson, or, if the chairperson is for any reason unable to act, the deputy chairperson may at any time call a special meeting of the Authority.

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      (3)     The chairperson or the deputy chairperson shall call a special meeting within 7 days of the receipt of a requisition for that purpose addressed to the chairperson in writing by not less than 3 members of the Board.

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   11.   Four members of the Board present at a meeting constitute a quorum.

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   12.   The chairperson, or, in his or her absence, the deputy chairperson, shall preside at all meetings of the Board, and in the case of the absence of both the chairperson and the deputy chairperson, the members present and constituting a quorum may elect a temporary chairperson from among their number, who shall preside at the meeting.

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   13.   The decisions of the Board at a meeting shall be by a majority of votes and in the event of an equality of votes the chairperson or deputy chairperson presiding at the meeting shall have a casting vote.

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   14.

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      (1)     Subject to this paragraph, a member who is interested in a contract or a proposed contract with the Authority shall declare the nature of that interest at a meeting of the Authority.

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      (2)     In the case of a proposed contract, the declaration required by subparagraph (1) shall be made—

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         (a)     at the meeting of the Board at which the contract is first taken into consideration; or

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         (b)     if the member was not, at the date of the meeting, interested in the proposed contract, at the next meeting of the Board held after that member becomes so interested.

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      (3)     Where the member becomes interested in a contract with the Authority, after it is made, the declaration shall be made at the first meeting of the Board held after the member acquires that interest or becomes so interested.

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      (4)     For the purpose of this paragraph, a notice given to other members of the Board by a member to the effect that the member is also a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with that company or firm shall be deemed to be sufficient declaration or interest in relation to any contract so made.

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      (5)     A notice, as is mentioned in subparagraph (4), has no effect unless it is given at a meeting of the Board or the member concerned takes reasonable steps to secure that it is brought up and read at the next meeting of the Board after it is given.

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      (6)     A member of the Authority shall at the commencement of a meeting inform the chairperson of that meeting of any matter on the agenda for the meeting in which the member has either directly, or indirectly by himself or herself, his or her spouse, partner, business associate or company any pecuniary or business interest and that member shall vacate the meeting room upon the relevant matter coming up for discussion and the vacation of the meeting room by the member shall be noted in the minutes of the meeting of the Board.

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      (7)     A member who contravenes any of the provisions of this paragraph commits an offence and is liable on summary conviction to a fine of $500.

CHAPTER 6.01
NATIONAL CONSERVATION AUTHORITY ACT

SUBSIDIARY LEGISLATION

No Subsidiary Legislation