Planning and Development and Foreshore (Amendment) Act 2022

Amendment of section 106 of Act of 2000

7. Section 106 of the Act of 2000 is amended—

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

“(1) The Minister shall ensure, in so far as is practicable, that—

(a) the ordinary members of the Board are persons who, in the opinion of the Minister, have satisfactory experience of, or a satisfactory mix of experience and knowledge of, infrastructure delivery, housing, physical planning, sustainable development, architecture, heritage, community affairs, social affairs, planning, the environment, the marine, climate change, law and corporate governance, and

(b) there is an equitable balance among the ordinary members between men and women.”,

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

“(2) The Minister shall establish a suitable, independent, objective, and transparent procedure (which may include the establishment of a committee), in accordance with which recommendations may be made to the Minister in relation to the appointment of ordinary members of the Board.”,

(c) by the substitution of the following subsection for subsection (3):

“(3) The Minister may make regulations providing for such matters as the Minister considers necessary for the purpose of establishing the procedure referred to in subsection (2) including, where a committee is established under that section, regulations pertaining to the membership of the committee.”,

(d) by the substitution of the following subsection for subsection (4):

“(4) The procedure provided for under subsection (2) shall require that—

(a) applications be invited from suitably qualified persons for appointment as an ordinary member of the Board,

(b) a panel of candidates suitable for appointment as an ordinary member be prepared having regard to the knowledge, experience, qualifications and personal qualities appropriate to enable a person to perform the functions of an ordinary member effectively,

(c) the Minister be informed of the names of the candidates on the panel and the reasons why such candidates are suitable for the appointment, and

(d) a recommendation be made to the Minister regarding which candidate on the panel the Minister should appoint as an ordinary member.”,

(e) by the substitution of the following subsection for subsection (5):

“(5) Except in the case of a re-appointment under subsection (12) and subject to section 104(4) and section 108(4), the Minister shall not appoint a person to be an ordinary member other than a person recommended in accordance with the procedure established under subsection (2).”,

(f) by the deletion of subsections (6) to (8), and

(g) by the substitution of the following subsection for subsection (9):

“(9) The Minister may make regulations as regards any matter which the Minister considers expedient for the purposes of this section.”.