Planning and Development (Amendment) Act 2010


Amendment of section 108 of Principal Act.

41.— Section 108 of the Principal Act is amended—

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

“(1) Subject to subsection (1A) (inserted by section 41 ) a quorum for a meeting of the Board shall be 3.”,

( b) by the insertion of the following subsections after subsection (1):

“(1A) The Board may determine by resolution, if so requested by the chairperson (or the deputy chairperson if the chairperson is not available or where the office of chairperson is vacant) where he or she is of the opinion that it is necessary to ensure the efficient discharge of the business of the Board, that the quorum for a meeting of the Board, or, notwithstanding section 112(2), a division of the Board referred to in section 112, should be 2.

(1B) The resolution referred to in subsection (1A) shall specify the functions of the Board or division of the Board which may be performed in a meeting with a quorum of 2 and the period of time during which the specified functions may be performed.

(1C) The chairperson or deputy chairperson shall not request a resolution of the Board referred to in subsection (1A) for the purposes of any matter falling to be determined by the Board or division of the Board under this Act in relation to—

( a) development that would materially contravene the relevant development plan,

( b) strategic infrastructure development, or

( c) a development or class of development referred to in regulations made under section 176.

(1D) If, in determining by vote a question at a meeting of the Board or a division of the Board with a quorum of 2, the voting is equally divided, the matter that is the subject of the vote shall be referred to a meeting of the Board with a quorum of 3 and section 111(4) shall apply in relation to the determination of the question.”.

( c) in subsection (4), by the substitution of “officers of the Minister who are established civil servants for the purposes of the Civil Service Regulation Acts 1956 to 2005” for “officers referred to in section 106(1)( e)”.