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Papua New Guinea Consolidated Legislation |
No. 1 of 1995.
Gazelle Restoration Authority Act 1995.
Certified on: / /20 .
INDEPENDENT STATE OF PAPUA NEW GUINEA.
No. 1 of 1995.
Gazelle Restoration Authority Act 1995.
ARRANGEMENT OF SECTIONS.
INDEPENDENT STATE OF PAPUA NEW GUINEA.
AN ACT
entitled
Gazelle Restoration Authority Act 1995,
Being an Act to establish the Gazelle Restoration Authority to co-ordinate and supervise restoration in the Gazelle Peninsula area of East New Britain Province following the 1994 volcanic eruption, to make provision for the functions and powers of the Authority, and for related purposes.
MADE by the National Parliament.
PART I. – PRELIMINARY.
(1) This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights) of the Constitution, namely–
(a) the right to privacy conferred by Section 49 of the Constitution; and
(b) the right to freedom of information conferred by Section 51 of the Constitution,
is a law that is made for the purpose of giving effect to the public interest in public safety, public order and public welfare.
(2) For the purposes of Section 41 of the Organic Law on Provincial Governments and Local-level Governments, it is hereby declared that this Act relates to a matter of national interest.
(3) It is hereby declared that this Act is an Act to which Section 31(1)(b) of the Organic Law on Provincial Government applies in that it deals with a matter of urgent national importance in the national interest.
(1) In this Act, unless the contrary intention appears–
“affected areas” means areas of East New Britain affected by the volcanic eruption;
“Authority” means the Gazelle Restoration Authority established by Section 4;
“Chairman” means the Chairman of the Authority appointed under Section 5;
“declared national emergency” means the national emergency declared in relation to East New Britain Province on 19 September 1994 as extended from time to time;
“Deputy Chairman” means the Deputy Chairman of the Authority appointed under Section 5;
“East New Britain” means East New Britain Province;
“member” means a member of the Authority;
“person responsible” means a person appointed by a public authority under Section 18(1), and, in relation to a public authority, means the person responsible in and for that public authority;
“public authority” means any–
(a) Department; or
(b) State Service; or
(c)[1] subject to Subsection (2), authority or instrumentality or other body (corporate or unincorporate) (other than a Provincial Government) established by or under Constitutional Law or an Act of Parliament for governmental or administrative purposes or any body which supplies electricity, water, sewerage, gas, drainage, communications, or other similar services to the public;
“this Act” includes the Regulations;
“volcanic eruption” means the volcanic eruption in East New Britain in 1994.
(2) Where any question arises as to whether an authority or instrumentality or other body is a public authority, the Minister may, by notice in the National Gazette, declare it to be a public authority for the purposes of this Act.
(1) This Act binds the State.
(2) This Act applies throughout the country.
PART II. – ESTABLISHMENT AND MEMBERSHIP, ETC., OF THE AUTHORITY.
(1) The Gazelle Restoration Authority is hereby established.
(2) The Authority–
(a) is a body corporate with perpetual succession; and
(b) shall have a common seal; and
(c) may acquire, hold and dispose of property; and
(d) may sue and be sued in its corporate name.
(3) All courts, Judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to a document and shall presume that it was duly affixed.
(1) The Authority shall consist of the following members:–
(a) a prominent person from, or originally from, East New Britain, who shall be Chairman;
(b) Four officers of the National Public Service, at least two of whom shall be Departmental Heads;
(c) two members of the provincial executive of East New Britain Provincial Government, nominated by the provincial executive;
(d) one other person from, or originally from East New Britain.
(2) The members of the Authority–
(a)[2] shall be appointed in accordance with the Regulatory Statutory Authorities (Appointment to Certain Offices) Act 2004; and
(b) hold office during the pleasure of the National Executive Council; and
(c) shall be entitled, in the case of members who are not officers of the National Public Service, to such fees and allowances as are fixed from time to time under the Boards (Fees and Allowances) Act 1955.
(3) The National Executive Council shall appoint one of the members appointed under Subsection (1)(b) to be the Deputy Chairman.
Pursuant to Section 26(3) (application of Division 2) of the Constitution, the office of a member of the Board is declared to be a public office to and in relation to which Division III.2 (leadership code) of the Constitution applies.
The Minister may grant leave of absence to a member of the Authority.
A member shall, before entering on the duties of his office, make or subscribe before the Minister, or a person authorized by the Minister for that purpose, an oath or affirmation of office in the form specified in Schedule 1.
A member may resign his office by writing signed by him and delivered to the Minister.
The exercise of a power or performance of a function of the Authority under this Act is not invalidated by reason only of a vacancy in the membership of the Authority.
(1) A member who has a direct or indirect interest in a matter being considered or about to be considered by the Authority shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of the interest at a meeting of the Authority.
(2) A disclosure under Subsection (1) shall be recorded in the minutes of the meeting of the Authority and, unless the Minister or the Authority determines otherwise, the member shall not–
(a) be present during any deliberation of the Authority with respect to that matter; or
(b) take part in any decision of the Authority with respect to that matter.
(1) The Authority shall hold such meetings as are necessary for the efficient performance of its functions and at such times and places as it determines or as the Chairman or, in his absence, the Deputy Chairman directs, but in any event, shall meet not less frequently than once in each month.
(2) The Chairman–
(a) may, at any time, convene a meeting of the Authority; and
(b) shall, on receipt of a written request signed by not less than two other members of the Authority, convene a meeting of the Authority.
(3) Subject to Subsection (4), the Chairman shall preside at all meetings of the Authority.
(4) Where the Chairman is not present at a meeting of the Authority, the Deputy Chairman shall preside.
(5) At a meeting of the Authority–
(a) the Chairman or Deputy Chairman and four members are a quorum; and
(b) matters arising shall be decided by a majority of votes of the members of the Authority present and voting; and
(c) the person presiding has a deliberative and, in the event of an equality of votes on any matter, also a casting vote.
(6) The Authority shall cause minutes of its meetings to be recorded and kept.
(7) Subject to this Act, the procedures of the Authority are as determined by the Authority.
(1) The Authority shall furnish to the Minister a report on the progress and performance of the Authority in relation to its functions–
(a) before 31 March 1996, in respect of the period from the coming into operation of this Act until 31 December 1995; and
(b) before 31 March in each subsequent year, in respect of the year ending 31 December preceding,
and the Minister shall table such report at the first sitting of the National Parliament after the date of his receipt of it.
(2) The Authority shall also furnish to the Minister such other reports as the Minister may require at such intervals as the Minister may determine.
(1) The Department of the Prime Minister and National Executive Council shall provide secretarial services to the Authority.
(2) The National Executive Council shall, by notice in the National Gazette, appoint suitably qualified persons to act as support staff to the Authority.
(3) A person appointed under Subsection (2), who is not an officer of the National Public Service, shall be paid such fees and allowances as are determined by the Minister after consultation with the Salaries and Conditions Monitoring Committee.
(4) A person appointed under Subsection (2) who is an officer of the National Public Service–
(a) shall be deemed to have been seconded to the support staff of the Authority; and
(b) shall, during his period of deemed secondment, be paid his salary and other entitlements by the Department by which, immediately prior to his deemed secondment, he was employed.
(5) the service on the support staff of the Authority of an officer shall be counted as service in the National Public Service for the purpose of determining his rights (if any) in respect of–
(a) leave of absence on the grounds of illness; and
(b) furlough or pay in lieu of furlough (including pay to dependants on the death of the officer).
PART III. – FUNCTIONS AND POWERS, ETC., OF THE AUTHORITY.
The functions of the Authority generally are to oversee and co-ordinate all restoration activities in East New Britain necessary as a result of the volcanic eruption and, without prejudice to the generality of the foregoing, are–
(a) the co-ordination of the planning and implementation of–
(i) clean up tasks in affected areas; and
(ii) the restoration of essential services in affected areas; and
(iii) all activities relevant to the relocation, where necessary, of population from affected areas to areas not affected; and
(iv) the development of long term activities to replace infrastructure and other facilities destroyed by the volcanic eruption; and
(b) liaison with public bodies, the East New Britain Provincial Government, non-Government organizations and private enterprise in identifying and negotiating sources of funding for short to medium term restoration activities; and
(c) the co-ordination of the development of specifications for contracts for restoration and rehabilitation works and the advertising, evaluation and awarding of such contracts; and
(d) the supervision and monitoring of the implementation of all contracts relating to restoration and rehabilitation works; and
(e) such other functions as are likely to assist in the restoration activities.
(1) The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Act and may require a public authority to provide to it such particulars, as the Authority may determine, relating to that public authority or its functions which affect any of the functions of the Authority.
(2) Where in the opinion of the Authority–
(a) any information, books or records in the possession of or under the authority of a public authority is or are relevant to the exercise or performance of the powers or functions of the Authority under this Act or to the achievement of the purposes of this Act; and
(b) it is desirable that the information be given to the Authority or that the books or records be made available for inspection by the Authority,
the Authority may issue to the person responsible in that public authority a written notice to that effect under the hand of the Chairman specifying the relevant information, books and records and specifying the place and time at which any information, books and records are to be furnished or produced.
(3) Where a notice under Subsection (2) has been furnished to the person to whom it is issued, the person shall furnish or produce for inspection at the place and time specified in the notice such information, books and records as are specified in the notice and copies of or extracts from any information, books and records so furnished may be made and retained by the Authority.
(4) The provisions of Subsection (3) do not affect the operation of any law by or under which any information, book or record is to be kept confidential.
PART IV. – OBLIGATIONS OF PUBLIC AUTHORITIES, ETC.
All public authorities and all governing bodies (by whatever name known), executives, Departmental Heads, officers and employees of public authorities shall assist and co-operate with the Authority in the performance of the functions and powers of the Authority under this Act.
(1) For the purposes of ensuring and facilitating co-operation with the Authority, a public authority shall appoint a person employed by it for the purposes of this Act.
(2)[3] [4]A person appointed under Subsection (1) shall be of a level of not less than that of Assistant Secretary within the National Public Service or the equivalent or of a level not less than that of a senior manager.
(3) A person appointed under Subsection (1) is responsible for–
(a) liaison between the public authority by which he is employed and the Authority; and
(b) ensuring that all directions and correspondence from the Authority are brought, as expeditiously as possible, to the appropriate person within that public authority.
(4) The management of a public authority shall ensure that every assistance is given to the person responsible to enable him to carry out his duties under this Act.
(1) Where a public authority fails to co-operate with the Authority in the performance by the Authority of its functions and powers under this Act–
(a) in the case of a public authority other than a Department–every person involved in the failure to co-operate is considered to have been guilty of misconduct or misbehaviour and where misconduct or misbehaviour is grounds for dismissal or removal from office, is liable to dismissal or removal from office; and
(b) in the case of a Department–the Departmental Head and every officer concerned is guilty of negligence in the discharge of his duties under Section 50(e) of the Public Services (Management) Act 1995.
(2) For the purposes of Subsection (1), a public authority or a person employed by a public authority fails to co-operate with the Authority if it or he fails, within a reasonable time–
(a) to comply with a notice issued by the Authority under Section 16(2); or
(b) to comply with a direction by the Authority; or
(c) to answer correspondence from the Authority; or
(d) otherwise, to assist the Authority in the performance of its functions to the extent that such assistance is within the functions and powers of that public authority or person.
During the declared national emergency, the Controller, Deputy Controller and Assistant Controllers appointed in relation to the declared national emergency shall assist and co-operate with the Authority in the performance of the functions and exercise of the powers of the Authority under this Act.
PART V. – FINANCE.
Part VIII of the Public Finances (Management) Act 1995 applies to and in relation to the Authority.
PART VI. – MISCELLANEOUS.
The Chairman, Deputy Chairman or a member of the Authority is not personally liable for any act or default of himself or the Authority done or omitted to be done in good faith in the course of the operations of the Authority or for the purposes of this Act.
(1) The Authority shall take all reasonable steps to protect, from unauthorized use or disclosure, information given to it in confidence in connection with the performance of its functions or the exercise of its powers.
(2) For the purposes of Subsection (1), the disclosure of information as required and permitted by any law or court of competent jurisdiction shall be considered authorized use and disclosure of the information.
(3) For the purposes of Subsection (1), the disclosure of information by a person for the purposes of performing that person’s functions as a–
(a) person providing secretarial services to the Authority under Section 13; or
(b) member of the support staff of the Authority; or
(c) member of the Authority,
shall be considered authorized use and disclosure of the information.
The Head of State, acting on advice, may make Regulations, not inconsistent with this Act, prescribing all matters that by this Act are permitted or required to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act and generally for achieving the purposes of this Act, and in particular for prescribing fees and for penalties of fines not exceeding K1,000.00 for offences against the Regulations.
SCHEDULE 1 – DECLARATION OF OFFICE.
Sec. 7
Oath
“I ... , do promise and declare that I will well and truly serve the Independent State of Papua New Guinea and its People in the Office of member of the Gazelle Restoration Authority.
Made this ... day of ... 20...
Before me
________________________”
Office of Legislative Counsel, PNG
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