Planning and Development and Foreshore (Amendment) Act 2022

Amendment of section 104 of Act of 2000

4. Section 104 of the Act of 2000 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Subject to subsection (2), the Board shall consist of a chairperson and such number of ordinary members, up to a maximum of 14, as the Minister may appoint having regard to the number and nature of applications, appeals, referrals or other matters with which the Board is concerned.”,

(b) by the substitution of the following subsection for subsection (2):

“(2) The Minister may by order increase the number of ordinary members above 14 where he or she is of the opinion that the number of applications, appeals, referrals or other matters with which the Board is concerned is at such a level so as to necessitate the appointment of one or more additional Board members to enable the Board fulfil its duty and objectives under section 37J, 126, 126A, 177C, 177E or 221, or section 47E of the Act of 2001.”,

(c) by the deletion of subsection (3),

(d) in subsection (4)—

(i) by the substitution of the following paragraph for paragraph (a):

“(a) Notwithstanding subsection (2), where the Minister is of the opinion that one, or more than one, additional ordinary member should be appointed as a matter of urgency due to the number of applications, appeals, referrals or other matters with which the Board is concerned, the Minister may, subject to paragraphs (b) and (c), appoint, from persons who are, or were formerly, established civil servants for the purposes of the Civil Service Regulation Acts 1956 to 2005, established public servants in state agencies or employees of the Board, one, or more than one person, who is, in the opinion of the Minister, a suitably qualified person on a temporary basis,”,

and

(ii) in paragraph (c), by the deletion of “, and the number of ordinary members appointed under this subsection shall not exceed one third of the total number of ordinary members at any one time”.