FIJI

MARINE ACT, 1986
(ACT NO. 38 OF 1986)

Marine (Fiji Marine Board) Regulations, 1990

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MARINE ACT, 1986
(ACT NO. 35 OF 1986)

MARINE (FIJI MARINE BOARD) REGULATIONS, 1990

IN exercise of the powers conferred on me by section 94 and 212 of the Marine Act 1986, I have made the following Regulations:

Short title

1. These Regulations may be cited as the Marine (Fiji Marine Board Regulations, 1990.

President of Marine Board

2. The Minister shall appoint one of the members of the Marine Board, not being the Director, to be the President of the Marine Board.

Term of appointment

3. A member of the Marine Board appointed by the Minister under section 65(1) (6) of the Act holds office for 1 year but may be re-appointed.

Decision of Marine Board not affected by irregularity of appointment, etc.

4. The exercise of the power or the performance of a function by the Marine Board is not affected -

(a) by a vacancy or vacancies in the membership of the Board; or

(b) by a defect or irregularity in the appointment of a member of the Board.

Fees and allowances of Board members

5. The members of the Marine Board shall be paid such fees, allowances, and expenses and at such rates, as the Minister determines.

Termination of appointment

6. The Minister may terminate the appointment of an appointed member of the Marine Board -

(a) for inability, inefficiency, misbehaviour, or physical or mental incapacity;

(b) if the member is absent, except on leave of absence granted by the Minister, from 3 consecutive meetings of the Board; or

(c) if the member has failed to comply with Regulation 9 or 11.

Resignation of member

7. An appointed member of the Marine Board may resign from office by giving the Minister written notice of resignation.

Meetings of the Board

8. -(1) The person appointed to be President of the Marine Board -

(a) shall convene such meetings of the Board as the President considers necessary for the efficient performance by the Board of its functions; and

(b) shall convene a meeting of the Board on receipt of a written request to do so signed by at least 2 other members of the Board.

(2) At a meeting of the Council -

(a) the President of the Council, if present, presides;

(b) if the President is absent the Director shall preside;

(c) the Director and 2 other members constitute a quorum;

(d) questions arising shall be decided by a majority vote of the members present and voting;

(e) the member presiding has a deliberative vote and, if there is an equality of votes, also a casting vote;

(f) the Board shall keep a record of its proceedings; and

(g) subject to these Regulations, the Board shall determine its own procedure.

Board members not to act where interested

9. -(1) A member of the Marine Board with a direct or indirect pecuniary interest in a matter being, or about to be, considered by the Board shall, as soon as possible after the relevant facts are known to the member, disclose the nature of the interest at a meeting of the Board.

(2) A disclosure under subregulation (1) shall be recorded in the minutes of the meeting of the Board.

(3) A member of the Board who has made a disclosure under subregulation (1) in respect of a matter shall not -

(a) be present during any deliberation of the Board; or

(b) take part in any decision of the Board,

with respect to that matter.

Board not to enter into contracts etc., without consent

10. The Board shall not, without the Minister’s consent, enter into any contract or take any other action that commits or could commit the Board, the Government or any governmental instrumentality to any financial obligation.

Secrecy

11. A member of the Marine Board or a person engaged by the Board shall not, except in the course of duty or when required to do so by law disclose any information given to the Board.

Penalty: A fine not exceeding $500.

Dated at Suva this 26th day of July 1990.

A.V. TORA
Minister for Infrastructure and Public Utilities

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