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Section 3

⎯(1)

of Natural Resources And Environment Ordinance, 1949

State OrdinanceIn forceProvision 3 of 45
Section 3

There shall be established a Natural Resources and

Environment Board which shall consist of⎯

(a)

the Minister as Chairman;

(b)

a Deputy Chairman;

(c)

the State Attorney-General or his nominee;

(d)

the Director General of Environmental Quality or his nominee;

(e)

the Permanent Secretary to the Ministry of Resource

Planning and Environment or his nominee;

(f)

[Deleted by Cap. A185/2019]

(g)

the Permanent Secretary to the Ministry of Land

Development or his nominee;

(h)

the Director of Agriculture or his nominee;

(i)

the Director of Forests or his nominee;

(j)

the Director of Lands and Surveys or his nominee;

(k)

the Director of Irrigation and Drainage or his nominee;

and

(l)

not more than five other members with appropriate experience, knowledge or expertise.

[Am. Cap. A53; Am. Cap. A86; Am. Cap. A120.]

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(1A)

The Deputy Chairman and the members referred to in subsection (1)(l) shall be appointed by the Majlis Mesyuarat Kerajaan

Negeri.

[Ins. Cap. A86.]

(1B)

[Deleted by Cap. A120.]

(2)

(a)

The Controller shall be the Secretary of the Board.

(b)

He shall be responsible for⎯

(i)

the general administration of the affairs of the Board, the management, control and supervision of its officers and employees and for executing and implementing all decisions of the Board;

(ii)

preparing annual budgets and estimates of expenditure of the Board for approval by the Board; and

(iii)

performing such other duties as the Board may from time to time determine or as the Chairman may from time to time direct.

[Am. Cap. A53; Am. Cap. A120.]

(3)

The appointment of the Deputy Chairman and any member made under subsection (1)(l) shall⎯

(a)

be for such term not exceeding three years as the

Majlis Mesyuarat Kerajaan Negeri may deem fit; and

(b)

be determined⎯

(i)

upon his death;

(ii)

if he shall by writing addressed to the Minister resign such appointment;

(iii)

if he is a bankrupt;

(iv)

if he is declared to be of unsound mind; or

(v)

if he is sentenced to a term of imprisonment without the option of a fine.

[Am. Cap. A86.]

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(4)

Any member of the Board or the committee established under subsection (9)(b) and any person invited under section 4(7) may be paid by the Board such remuneration and allowances as may be determined by the Minister.

(5)

The Board for the purposes of this Ordinance may sue and be sued by its name and to be described by that name for all purposes.

(6)

(a)

The Board shall have a Corporate Seal which shall be in the custody of the Secretary of the Board.

(b)

All orders or directions of the Board issued pursuant to this

Ordinance and any contract or deed entered into or executed by the

Board shall bear the Seal of the Board, which shall be affixed in the presence of any member of the Board and the Secretary.

(7)

The Board may own, hold or have possession of any movable or immovable properties and may enter into any contract, arrangement, instrument or deed to acquire any interest in, deal with, transact upon or dispose of any such properties in the discharge of any of the functions prescribed by this Ordinance or under any other written laws.

(8)

The Board shall for the purposes of the Land Code [Cap.

81 (1958 Ed.)] be deemed to be a native.

(9)

For the discharge of its functions under this Ordinance, the board may, subject to the approval of the Minister⎯

(a)

appoint a Controller of Environmental Quality who shall be the Principal Administrative Officer of the Board;

(b)

appoint or employ, on such terms and conditions as to salaries, allowances, gratuities and benefits as it thinks fit and proper, any officer, employee and such persons with the expertise, knowledge and professional experience as may be required by the Board in the performance of its functions or the exercise of its powers under this Ordinance; and

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(c)

establish committees comprising of at least one member of the Board who shall be the Chairman and such other persons as members as the Board deems fit; the Secretary of the

Board shall be the secretary of such committees and he shall report to the Board all decisions and recommendations of such committees.

[Am. Cap. A53.]

Quorum and proceedings of the Board