c.

2 ELIZABETH II

Model Northern
Ireland Assembly

Environmental Advisory Board Act

(Northern Ireland) 2017
TERM 2 CHAPTER 2

An Act to establish the Environmental Advisory Board to assist the Department

for the Economy. [12th May 2017]

B E IT ENACTED by being passed by the Northern Ireland Assembly and

assented to by Her Majesty as follows:

Definitions
1.(1) The Environmental Advisory Board (the Board) is an executive
advisory board which shall assist the Department for the Economy.
(2) The members of the Board are the five incumbent members of the
Environmental Advisory Board.
(3) The expert members of the Board are the three incumbent members of the
Environmental Advisory Board who were appointed based on their extensive
knowledge and experience in the field of environmental science.
(4) The legislative members of the Board are the two incumbent members of
the Environmental Advisory Board who are also incumbent members of the
Legislative Assembly.
(5) A term is a time commencing from the first meeting at which the expert
member is present and ending when the expert member vacates the position
through resignation, removal or reaching the two-year maximum for a term.

Environmental Advisory Board

2.(1) An advisory board shall be established to assist the Department for the
Economy.
(2) This board shall be referred to as the Environmental Advisory Board.

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c. 2 Environmental Advisory Board Act (Northern Ireland) 2017

Membership
3. The Board shall be composed of five appointed members
(a) three expert members shall be appointed by the Minister for the
Environment, where
(i) expert members must be educated experts in the environment, as
deemed to be by the Minister for the Economy,
(ii) expert membership may only be revoked by the Minister for the
Environment for the following reasons
(1) failure to attend two consecutive meetings of the Board,
(2) failure to attend two of the past three meetings of the Board,
(3) criminal prosecution,
(4) employment by any other government body or corporation,
(5) accepting bribes or other benefits as per the Bribery Act
2010,
(iii) expert members may only serve a maximum of two years per
term,
(iv) expert members may not serve multiple terms,
(v) expert members must be appointed within two weeks of the
commencement of the Minister for the Environment's term, and
(vi) expert members may resign from their position only by giving
notice of two weeks to the Minister for the Environment,
(b) two legislative members shall be appointed by the Executive Officer
of Northern Ireland, where
(i) legislative members must be elected Members of the Legislative
Assembly of Northern Ireland,
(ii) legislative members shall vacate their position upon their
vacation from their position as an MLA, and
(1) if a legislative member is re-elected as an MLA, their
position as a legislative member is not automatically
restored,
(iii) legislative membership may only be revoked by the Executive
Office for the following reasons
(1) failure to attend two consecutive meetings of the Board,
(2) failure to attend two of the past three meetings of the Board,
(3) legislative members may serve unlimited terms, but
legislative members may not serve two consecutive terms,
(4) legislative members may resign from their position only by
giving notice of two weeks to the Executive Office,
(5) legislative members must be appointed within two weeks of
the commencement of the Executive Office's term,
(6) when a position has been vacated, the relevant appointer
must appoint a replacement within two weeks of the
vacation.

Consultation and petitions

4.(1) The Board may petition the Department for the Economy to consult
the Board on any decision being made which pertains to or has the potential to

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c. 2 Environmental Advisory Board Act (Northern Ireland) 2017

adversely affect the environment, as deemed to be by the Board, and

(a) when petitioned, the Minister for the Economy must attend as many
meetings of the Board as are held by the Board until the Board has
voted to deem itself satisfied that it has been consulted properly.
(b) when a decision is petitioned, it cannot be undertaken until the Board
has been consulted, and
(c) the Minister for the Economy may conclude a consultation after three
consecutive meetings have been held without the Board voting to
deem itself satisified that it has been consulted property.
(2) The Minister for the Economy may also consult the Board on any other
decision, but
(a) when consulting, the Minister for the Economy may conclude the
consultation at any time after at least one meeting with the Board,
without the Board's consent, and
(b) the Minister may not undertake the decision until the Minister
concludes the consultation or the Board has voted to deem itself
satisfied that it has been consulted properly.
(3) The Board may only vote to petition the Department for the Economy at a
meeting of the Board.
(4) The Board may offer advice to the Minister for the Economy during a
meeting at which it is being consulted, but
(a) this advice shall not be binding and the Minister for the Economy
shall not be required to heed it.

Voting
5.(1) A vote of the Board may only be held during a meeting of the Board.
(2) All five members of the Board have equal voting rights.
(3) A vote may only pass when three of the five members have voted in favour
of a motion.
(4) A vote may only be held on one of the following motions
(a) a decision to petition the Department for the Economy,
(b) a decision to deem itself satisified that it has been consulted properly
on a decision by the Minister for the Economy,
(c) to conclude a meeting of the Board.

Meetings of the Board

6.(1) A meeting of the Board may be held for one or more of the following
reasons
(a) to vote on a petition or to vote to deem itself satisfied that it has been
consulted properly on a decision by the Minister for the Economy,
(b) to be consulted,
(c) to discuss actions of the Department for the Economy.
(2) A meeting of the Board may be called by any two members.
(3) The Minister for the Economy may only attend a meeting of the Board if

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they are consulting the Board on a decision.

(4) All meetings of the Board are held in private, and
(a) minutes may not be taken of the meetings,
(b) meetings may not be televised or otherwise published, and
(c) only members and the Minister for the Economy may attend a
meeting of the Board.
(5) Meetings may be concluded when a majority of the Board as voted to
conclude the meeting, as per section 5.
(6) Meetings may not be held when any of the positions on the Board are
vacant.

Extension, commencement, and short title

7.(1) This Act extends to the whole of Northern Ireland.
(2) This Act shall come into effect no more than two months after its passing.
(3) This Act may be cited as the Environmental Advisory Board Act (Northern
Ireland) 2017.