Constitution of the Willoughby Environmental Protection Association
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ASSOCIATIONS INCORPORATION ACT 1984

CONSTITUTION OF

WILLOUGHBY ENVIRONMENTAL PROTECTION ASSOCIATION (WEPA) INC

OBJECTS

The Objects of the Association are set out under the headings of Aims & Objectives as listed below.

AIMS

1 To preserve the biodiversity of the natural heritage of the City of Willoughby by means of conservation and proper management of the natural bushland, wetlands and aquatic ecosystems both for their intrinsic value and for the use and enjoyment of present and future generations.

2 To ensure that air, land and water pollution controls in the City of Willoughby are of a sufficiently high standard and are adequately implemented to prevent harm to human health or the natural environment.

3 To represent locally the wider concerns expressed in Australia and internationally for the protection of the natural environment, and where appropriate take action to express support for such concerns.

4 To promote identification, conservation and community awareness of Aboriginal and post European settlement archaeological relics and sites.

OBJECTIVES

1 No further alienation of natural bushland on public land, or of waterways, or of foreshores by private ownership, control or use.

2 Where appropriate, the transfer of bushland from private to public ownership.

3 All remaining natural bushland under public ownership to be conserved by means of planned management consistent with the principles contained in State Environmental Planning Policy 19 - Bushland in Urban Areas (SEPP 19); and consistent with the objects of the Association.

4 To encourage private landholders to manage bushland areas, subject to their care and control, in a manner consistent with SEPP 19.

5 To promote the use of integrated catchment management principles for the management of the Lane Cove River Valley and Upper Middle Harbour.

6 To encourage community interest in and an appreciation of the natural ecosystems, plants and wildlife.

7 To promote the use of locally indigenous trees and shrubs for the landscaping of parklands, streets and private gardens to provide additional habitat and wildlife corridors for native fauna.

8 To promote the use of solar energy and protect solar access whilst preserving native vegetation.

9 To promote energy conservation, waste minimisation and recycling, with particular reference to the reduction of Greenhouse emissions and non-renewable resource consumption.

10 To take action to prevent unacceptable noise levels from any source including transport and construction activities.

11 To promote the development of efficient public transport systems for both people and goods consistent with the environmental principles outlined in the Objects of this Association.

12 To take action to ensure that any development involving the built environment, either within or likely to affect the natural values or the quality of life of the residents of the City of Willoughby, be consistent with the Objects of this Association.

13 To acknowledge the need for urban consolidation providing it is consistent with the Objects of this Association.

14 To support a policy of limiting Australia's population to a level consistent with ecological sustainability.

15 To promote the active participation of members of the Association on committees and organisations which have objects, together or in part, similar to those of the Association, and also in any proceedings or enquiries relating to environmental matters.

16 To promote environmental education and public awareness of the Aims of the Association; to publish booklets, information sheets, maps etc; to conduct conferences, seminars and meetings; to lobby people in public office or those able to act upon and/or disseminate this information.

17 To co-operate and exchange information with other groups dedicated to environmental protection, and where appropriate to seek membership of such organisations.

18 To promote community and candidate awareness of environmental issues in elections for governments at all levels and to lend support to candidates in appropriate circumstances.

19 To raise funds by way of fees, subscriptions, levies, loans, donations, street stalls, legacies or other means for carrying out the Objects of the Association.

20 To set a gift fund, to be known as the "WEPA Environment Protection Fund", under the constitution and rules of the Association, for the environmental objectives as set out in the Objects of the Constitution. The WEPA Environment Protection Fund must comply with section 78AB of the Income Tax Assessment Act, 1936.

2021 To invest and deal with monies of the Association in authorised bank accounts, investment accounts, trusts, securities and investments.

2122 To employ persons on a contractual basis for the purpose of preparing submissions, publicity or educational material, carrying out research or any other activity consistent with the Objects of this Association.

ASSOCIATIONS INCORPORATION ACT 1984

CONSTITUTION OF

WILLOUGHBY ENVIRONMENTAL PROTECTION ASSOCIATION (WEPA) INC

RULES

PART 1 : PRELIMINARIES

NAME

(i) The name of the Association shall be Willoughby Environmental Protection Association (WEPA) Inc.

1 INTERPRETATION

(i) In these Rules & Objects in so far as the context or subject matter otherwise indicates or requires Society shall be synonymous with Association where referred to in the Rules & Objects.

"Association" shall mean Willoughby Environmental Protection Association (WEPA) Inc.

"Special General Meeting" means a meeting of the Association other than an annual general meeting, called to discuss some specific business which shall be nominated at the calling of the specific general meeting.

"Member" means a member of the Association who has been approved as a member in accordance with Rules 2 & 3.

"Biodiversity" is defined as the interactive biological complex of genes, species, habitats, communities and ecosystems which, in the form of ecological and evolutionary processes, comprise the biosphere.

"Bushland" is defined as all areas of naturally occurring vegetation whether on public or private lands, independent of size; the term applies to the whole ecosystem which encompasses not only the vegetation but also the surface and subsurface soils, leaf litter, the seed bed, and any rocks, stones or pebbles, this definition being consistent with State Environmental Planning Policy 19 - Bushland in Urban Areas, and includes waterways, creeks, ponds and lakes and other aquatic systems.

"Parkland" is defined as Public Open Space which may contain locally indigenous vegetation but which is essentially grassed and maintained for the primary purpose of public recreation rather than nature conservation objectives.

"The Act" means the Associations Incorporation Act 1984.

"The Regulation" means the Associations Incorporation Regulations 1985.

(ii) In these rules:

(a) a reference to a function includes a reference to a power, authority and duty; and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(iii) The provisions of the Interpretation Act, 1987, apply to and in respect of these rules in the same manner as those provisions would so apply if these rules were an instrument made under the Act.

PART II : MEMBERSHIP

2 MEMBERSHIP QUALIFICATIONS

(i) A person is qualified to be a member of the Association if, but only if:

(a) that person was a member of Willoughby Environmental Protection Association (WEPA) immediately prior to incorporation.

(b) the person is a natural person who:

(i) has applied for membership of the Association as provided by Rule 3; and

(ii) has been approved for membership of the Association by the Committee of the Association.

(c) A family membership shall include up to two adult members of a family and all children under the age of 18 residing with the adult members, but only up to two adults shall have voting rights as outlined in Rule 29.

(ii) A group, organisation or association may become a member of the Association through the nomination of one of its members as a member of the Association. Such a membership shall be the equivalent of a single individual membership and shall be subject to the normal membership rules.

3 APPLICATIONS FOR MEMBERSHIP

(i) Members of the Association shall be such persons who are interested in the furtherance of the Aims of the Association and who shall apply in writing for membership.

(ii) Membership shall be in the following categories:

Individual

Family

Concession

(iii) As soon as practicable after receiving an application for membership, the Secretary shall refer the application to the Committee which shall determine whether to approve or to reject the application.

(iv) Where the Committee determines to approve an application for membership, the Secretary shall, as soon as practicable after that determination, notify the applicant of that approval and request the applicant to pay within the period of 28 days after receipt of the notification the sum payable under these rules by a member as entrance fee and annual subscription.

(v) The Secretary shall, on payment of the amounts referred to in Clause (iv) within the period referred to in that Clause, enter the applicant's name in the register of members and, upon the name being so entered, the applicant becomes a member of the association.

4 CESSATION OF MEMBERSHIP

(i) A person ceases to be a member of the Association if that person:

(a) dies;

(b) resigns that membership; or

(c) is expelled from the Association.

5 MEMBERSHIP ENTITLEMENTS NOT TRANSFERABLE

(i) A right, privilege or obligation which a person has by reason of being a member of the Association:

(a) is not capable of being transferred or transmitted to another person; and

(b) terminates upon cessation of the person's membership.

6 RESIGNATION OF MEMBERSHIP

(i) A member of the Association is not entitled to resign that membership except in accordance with this rule.

(ii) A member of the Association who has paid all amounts payable by the member to the Association in respect of the member's membership may resign from membership of the Association by first giving notice in writing to the secretary of the member's intention to resign and, upon the expiration of the period of notice, the member ceases to be a member.

(iii) Where a member of the Association ceases to be a member pursuant to Clause (ii), and in every other case where a member ceases to hold membership, the Secretary shall make an appropriate entry in the register of members recording the date on which the member ceased to be a member.

7 REGISTER OF MEMBERS

(i) The public officer of the Association shall establish and maintain a register of members of the Association specifying the name and address of each person who is a member of the Association together with the date on which the person became a member.

(ii) The register of members shall be kept at the principal place of administration of the Association and shall be open for inspection, free of charge, by any member of the Association at any reasonable hour.

8 FEES, SUBSCRIPTIONS, ETC

(i) A member of the Association shall, upon admission to membership, pay to the Association an annual subscription fee as determined from time to time by the Committee.

(ii) Annual subscription fees shall become payable on January 1 of each year.

9 MEMBERS' LIABILITIES

(i) The liability of a member or office bearer of the Association to contribute towards the payment of the debts and liabilities of the Association or the costs, charges and expenses of the winding up of the Association is limited to the amount, if any, unpaid by the member or office bearer in respect of membership of the Association as required by Rule 8.

10 DISCIPLINING OF MEMBERS

(i) The procedure for disciplining members shall be determined by the Committee. Anyone who wishes to appeal against a decision refusing membership, expelling them from membership or otherwise disciplining them, may do so only at the next general meeting of the Association.

PART III : THE COMMITTEE

11 POWERS, ETC OF COMMITTEE

(i) The Committee shall be called the Executive Committee of the Association and, subject to the Act, the Regulation and these Rules and to any resolution passed by the Association in general meeting:

(a) shall control and manage the affairs of the Association;

(b) may exercise all such functions as may be exercised by the Association other than those functions that are required by these Rules to be exercised by a general meeting of members of the Association; and

(c) has power to perform all such acts and do all such things as appear to the Committee to be necessary or desirable for the proper management of the affairs of the Association.

12 CONSTITUTION AND MEMBERSHIP

(i) Subject in the case of the first members of the Committee to Section 21 of the Act, the Committee shall consist of:

(a) the office bearers of the Association each of whom shall be elected at the Annual General Meeting of the Association pursuant to Rule 13.

(ii) The office bearers of the Association shall, subject to revision from time to time by Special General Meeting of members, be:

(a) the president;

(b) the vice president;

(c) the treasurer;

(d) the secretary & assistant secretary;

(e) publicity officer;

(f) six members

(iii) Each member of the Committee shall, subject to these Rules, hold office until the conclusion of the Annual General Meeting following the date of the member's election, but is eligible for re-election.

(iv) In the event of a casual vacancy occurring in the membership of the Committee, the Committee may appoint a member of the Association to fill the vacancy and the member so appointed shall hold office, subject to these Rules, until the conclusion of the Annual General Meeting next following the date of the appointment.

(v) All positions are honorary and no remuneration fee or benefit in money shall be paid apart from reimbursement for out of pocket expenses reasonably incurred in carrying out his/her duties.

13 ELECTION OF OFFICE BEARERS

(i) Nominations of candidates for election as office? bearers of the Association or as ordinary members of the Committee shall be made at the Annual General Meeting by two members and with the consent of the nominee.

(ii) Candidates nominated for election as office-bearers of the association must have been members of the Association for a minimum of six months and have attended at least two meetings.

(iii) If insufficient nominations are received to fill all vacancies on the Committee, the candidates nominated shall be deemed to be elected.

(iv) If insufficient nominations are received, any vacant positions remaining on the Committee shall be deemed to be casual vacancies.

(v) If the number of nominations received is equal to the number of vacancies to be filled, the persons nominated shall be deemed to be elected.

(vi) If the number of nominations received exceeds the number of vacancies to be filled, a ballot shall be held.

(vii) The ballot for the election of office bearers and ordinary members of the Committee shall be conducted at the Annual General Meeting in such usual and proper manner as the Committee may direct.

14 SECRETARY AND/OR ASSISTANT SECRETARY

(i) The Secretary of the Association shall, as soon as practicable after being appointed as Secretary, lodge notice with the Association of his/her address.

(ii) It is the duty of the Secretary and/or the Assistant Secretary to keep minutes of:

(a) all appointments of office bearers and members of the Committee;

(b) the names of members of the Committee present at a Committee Meeting or a General Meeting; and

(c) all proceedings at Committee Meetings and General Meetings.

(iii) Minutes of proceedings at a meeting shall be signed by the chairperson of the meeting or by the chairperson of the next succeeding meeting.

15 TREASURER AND/OR ASSISTANT TREASURER

(i) It is the duty of the Treasurer of the Association to ensure that:

(a) all money due to the Association is collected and received and that all payments authorised by the Association are made; and

(b) correct books and accounts are kept showing the financial affairs of the Association including full details of all receipts and expenditure connected with the activities of the Association.

(c) all monies are deposited as defined in Clause 32 of these Rules.

16 CASUAL VACANCIES

(i) For the purposes of these Rules, a casual vacancy in the office of a member of the Committee occurs if the member:

(a) dies;

(b) ceases to be a member of the Association;

(c) becomes an insolvent under administration within the meaning of the Companies (New South Wales) Code;

(d) resigns office by notice in writing given to the Secretary;

(e) is removed from office under Rule 17;

(f) becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to mental health; or

(g) is absent without the consent of the Committee from all meetings of the Committee held during a period of three (3) months.

17 REMOVAL OF MEMBER

(i) The Association in a General Meeting may by resolution remove any member of the Committee from the office of member before the expiration of the member's term of office and may by resolution appoint another person to hold office until the expiration of the term of office of the member so removed.

(ii) Where a member of the Committee to whom a proposed resolution referred to in Clause (i) relates makes representations in writing to the Secretary or President (not exceeding a reasonable length) and requests that the representations be notified to the members of the Association, the Secretary or the President may send a copy of the representations to each member of the Association or, if they are not so sent, the member is entitled to require that the representations be read out at the meeting at which the resolution is considered.

18 MEETINGS AND QUORUM

(i) The Committee shall meet at least six (6) times in each period of twelve (12) months at such place and time as the Committee may determine.

(ii) Additional meetings of the Committee may be convened by the President or by any member of the Committee.

(iii) Oral or written notice of a meeting of the Committee shall be given by the Secretary to each member of the Committee at least forty-eight (48) hours (or such period as may be unanimously agreed upon by the members of the Committee) before the time appointed for the holding of the Meeting.

(iv) Notice of a Meeting given under Clause (iii) shall specify the general nature of the business to be transacted at the meeting and no business other than that business shall be transacted at the meeting, except business which the Committee members present at the meeting unanimously agree to treat as urgent business.

(v) Any five (5) members of the Committee constitute a quorum for the transaction of the business of a meeting of the Committee.

(vi) No business shall be transacted by the Committee unless a quorum is present and if within half an hour of the time appointed for the meeting a quorum is not present the meeting stands adjourned to a place and time to be nominated.

(vii) If at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the meeting shall be dissolved.

(viii) At a meeting of the Committee:

(a) the President or, in the President's absence, the Vice President shall preside; or

(b) if the President and the Vice President are absent or unwilling to act such one of the remaining members of the Committee as may be chosen by the members present at the meeting shall preside.

19 DELEGATION BY COMMITTEE TO SUB-COMMITTEE

(i) The Committee may, by instrument in writing, delegate to one or more Sub-Committees (consisting of such member or members of the Association as the Committee thinks fit) the exercise of such of the function of the Committee as are specified in the instrument, other than:

(a) this power of delegation; and

(b) a function which is a duty imposed on the Committee by the Act or by any other law.

(ii) A function of the exercise of which has been delegated to a Sub-Committee under this Rule may, while the delegation remains unrevoked, be exercised from time to time by the Sub-Committee in accordance with the terms of the delegation.

(iii) A delegation under this section may be made subject to such conditions or limitations as to the exercise of any function the subject thereof, or as to time or circumstances, as may be specified in the instrument of delegation.

(iv) Notwithstanding any delegation under this Rule, the Committee may continue to exercise any function delegated.

(v) Any act or thing done or suffered by a Sub-Committee acting in the exercise of a delegation under this Rule has the same force and effect as it would have if it had been done or suffered by the Committee.

(vi) The Committee may, by instrument in writing, revoke wholly or in part any delegation under this Rule.

(vii) A Sub-Committee may meet and adjourn as it thinks proper.

20 VOTING AND DECISIONS

(i) Questions arising at a meeting of the Committee or by any Sub-Committee appointed by the Committee shall be determined by a majority of the votes of members of the Committee or Sub-Committee present at the meeting.

(ii) Each member present at a meeting of the Committee or of any Sub-Committee appointed by the Committee (including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a second or casting vote.

(iii) Subject to Rule 18(v) the Committee may act notwithstanding any vacancy on the Committee.

(iv) Any act or thing done or suffered, or purporting to have been done or suffered, by the Committee or by a Sub-Committee appointed by the Committee, is valid and effectual notwithstanding any defect that may afterwards be discovered in the appointment or qualification of any member of the Committee or Sub? Committee.

PART IV : GENERAL MEETINGS

21 ANNUAL GENERAL MEETINGS - HOLDING OF

(i) With the exception of the first Annual General Meeting of the Association, the Association shall, at least once in each calendar year and within the period of two (2) months after the expiration of each financial year of the Association, convene an annual general meeting of its members.

(ii) The Association shall hold its first Annual General Meeting:

(a) within the period of eighteen (18) months after its incorporation under the Act; and

(b) within the period of two (2) months after the expiration of the first financial year of the Association.

(iii) Clauses (1) and (2) have effect subject to any extension or permission granted by the Commission under Section 26(3) of the Act.

22 ANNUAL GENERAL MEETINGS - CALLING OF AND BUSINESS AT

(i) The Annual General Meeting of the Association shall, subject to the Act and to Rule 21, be convened on such date and at such place and time as the Committee thinks fit.

(ii) In addition to any other business which may be transacted at an Annual General Meeting, the business of an Annual General Meeting shall be:

(a) to confirm the minutes of the last preceding Annual General Meeting and of any special General Meeting held since that meeting;

(b) to receive from the Committee reports upon the activities of the Association during the last preceding financial year;

(c) to elect office bearers of the Association and ordinary members of the Committee; and

(d) to receive and consider the statement which is required to be submitted to members pursuant to Section 26(6) of the Act.

(e) to receive and consider a statement from the Committee for the last financial year of the financial operations of the WEPA Environment Protection Fund, including the statistical data provided under Clause (xiii) of Paragraph 31A of this Constitution.

(iii) An Annual General Meeting shall be specified as such in the notice convening it.

(iv) A quorum for an Annual General Meeting shall be twelve (12) members.

23 GENERAL & SPECIAL GENERAL MEETINGS - CALLING OF

(i) The Committee may, whenever it thinks fit, convene a general meeting of the Association.

(ii) The Committee shall, on the requisition in writing of not less than five percent (5%) of the total number of members, convene a special general meeting of the Association.

(iii) A requisition of members for a Special General Meeting:

(a) shall state the purpose or purposes of the meeting;

(b) shall be signed by the members making the requisitions;

(c) shall be lodged with the Secretary; and

(d) may consist of several documents in a similar form, each signed by one or more of the members making the requisition.

24 NOTICE

(i) Except where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Association, the Secretary shall, at least four (4) days before the date fixed for the holding of the general meeting, cause to be sent to each member at the member's address appearing in the register of members, a notice specifying the place, date and time of the meeting and the nature of the business proposed to be transacted at the meeting.

(ii) Where the nature of the business proposed to be dealt with at a general meeting requires a special resolution of the Association, the Secretary shall, at least seven (7) days before the date fixed for the holding of the general meeting, cause notice to be sent to each member in the manner provided in Clause (i) specifying in addition to the matter required under Clause (i), the intention to propose the resolution as a special resolution.

25 PROCEDURE

(i) No item of business shall be transacted at a general meeting unless a quorum of members entitled under these Rules to vote is present during the time the meeting is considering that item.

(ii) Seven (7) members present in person (being members entitled under these Rules to vote at a general meeting) constitute a quorum for the transaction of the business of a general meeting.

26 PRESIDING MEMBER

(i) The President or, in the President's absence, the Vice President, shall preside as chairperson at each general meeting of the Association.

(ii) If the President and the Vice President are absent from a general meeting or unwilling to act, the members present shall elect one of their number to preside as chairperson at the meeting.

27 MAKING OF DECISIONS

(i) A question arising at a general meeting of the Association shall be determined on a show of hands and, unless before or on the declaration of the show of hands a poll is demanded, a declaration by the chairperson that a resolution has, on a show of hands, been carried or carried unanimously or carried by a particular majority or lost, or an entry to that effect in the Minute Book of the Association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.

(ii) At a general meeting of the Association a poll may be demanded by the chairperson or by not less than three (3) members present in person at the meeting.

(iii) Where a poll is demanded at a general meeting, the poll shall be taken:

(a) immediately in the case of a poll which relates to the election of the chairperson of the meeting or to the question of an adjournment; or

(b) in any other case, in such manner and at such time before the close of the meeting as the chairperson directs, and the resolution of the poll on the matter shall be deemed to be the resolution of the meeting on that matter.

28 SPECIAL RESOLUTION

(i) A resolution of the Association is a special resolution if:

(a) it is passed by a majority which comprises not less than three quarters of such members of the Association as, being entitled under these Rules so to do, vote in person at a general meeting of which not less than seven (7) days' written notice specifying the intention to propose the resolution as a special resolution was given in accordance with these rules; or

(b ) where it is made to appear to the Commission that it is not possible or practicable for the resolution to be passed in the manner specified in paragraph (a) - the resolution is passed in a manner specified by the Commission. in situations where it is not possible or practical for a resolution to be passed as described in paragraph (a), a request may be made to the Commissioner for Consumer Affairs or other authority for the time being having the relevant function under the Associations Incorporation Act or regulations for permission to pass the resolution in some other way.

(c) A special resolution may not be proposed that would be inconsistent with paragraph (ix) of Clause 31A , relating to the transfer of any surplus assets of the fund referred to in that Clause in the event of any winding-up of the fund

29 VOTING

(i) Upon any question arising at a general or special general meeting of the Association a member has one vote only.

(ii) In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.

(iii) Voting shall be by members over the age of seventeen (17).

PART V : MISCELLANEOUS

30 INSURANCE

(i) The Association shall effect and maintain insurance pursuant to Section 44 of the Act.

(ii) In addition to the insurance required under Clause (i), the Association may effect and maintain other insurance.

31 FUNDS - SOURCE

(i) The funds of the Association shall be derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the Association in general meeting, such other sources as the Committee determines.

(ii) All money received by the Association shall be deposited as soon as practicable and without deduction to the credit of the Association's bank account or other investment accounts approved by the Committee.

(iii) The Association shall, as soon as practicable after receiving any money, issue an appropriate receipt.

31A THE WEPA ENVIRONMENT PROTECTION FUND AND ITS RULES

(i) The environmental purpose of the Fund referred to in paragraph 20 of "OBJECTIVES" is to support the environmental objectives of the Association.

(ii) The fund will be used only to support the Association’s environmental purposes.

(iii) Members of the general public are to be invited to make gifts of money or property to the Fund for the environmental purposes of the Association.

(iv) Money from interest on donations, income derived from donated property, and money from the realisation of such property are to be deposited into the fund.

(v) The Fund must not receive any other money or property, including corporate sponsorship money, and gifts to it are to be kept separate from other funds of the Association.

(vi) A separate bank account is to be opened to deposit money donated to the Fund, including interest accruing thereon.

(vii) Receipts are to be issued in the name of the Fund and proper accounting records and procedures are to be kept and used for the Fund.

(viii) The Fund will be operated on a non-profit basis. None of the money or property accumulated by the Fund will be distributed to members of the Association apart from proper renumeration for administrative services.

(ix) In the event of the winding up of the Fund, any surplus assets are to be transferred to another fund with similar objectives that is on the Register of Environmental Organisations referred to in the Income Tax Assessment Act 1936.

(x) The Fund will be administered by a committee of management of no fewer than three persons. The committee will be appointed from time to time by the Committee referred to in PART III of this Constitution, and is to include the Treasurer for the time being of the Association. A majority of the members of the committee of management of the Fund are required to have the requisite degree of responsibility to the general community, that is, persons who, because of their tenure of some public office or their position in the community, have a degree of responsibility to the community as a whole as distinct from obligations solely in regard to the environmental objectives of the Association.

(xi) Any changes to the membership of the committee of management of the Fund are to be advised to the Department of the Environment, Sports and Territories within a reasonable time following the making of the changes.

(xii) Any changes to these rules of the Fund are to be advised to the Department of the Environment, Sports and Territories within a reasonable time following the making of the changes.

(xiii) Statistical data about gifts to the Fund during the financial year will be provided to the Department of the Environment, Sports and Territories within four months after the end of the financial year and in the form required by the Department.

32 FUNDS - MANAGEMENT

(i) Subject to any resolution passed by the Association in general meeting, the funds of the Association shall be used in pursuance of the objects of the Association in such manner as the Committee determines.

(ii) All cheques, draft, bills of exchange, promissory notes and other negotiable instruments shall be signed by any two (2) members of the Committee or employees of the Association being members or employees authorised to do so by the Committee.

(iii) Any allocation of funds or property to other organisations or persons will be made in accordance with the objectives of the Association and not be influenced by the expressed preference or interest of a particular donor to the Association

33 ALTERATION OF OBJECTS AND RULES

(i) The statement of Objects and these Rules may be altered, rescinded or added to only by a special resolution of the Association.

34 COMMON SEAL

(i) The common seal of the Association shall be kept in the custody of the Public Officer.

(ii) The common seal shall not be affixed to any instrument except by the authority of the Committee and the affixing of the common seal shall be attested by the signatures either of two (2) members of the Committee or of one (1) member of the Committee and of the Public Officer.

35 CUSTODY OF BOOKS ETC

(i) Except as otherwise provided by these Rules, the Public Officer shall keep in his/her custody or under his/her control all records, books and other documents relating to the Association.

36 INSPECTION OF BOOKS ETC

(i) The records, books and other documents of the Association shall be open to inspection, free of charge, by a member of the Association at any reasonable hour.

37 SERVICE OF NOTICES

(i) For the purpose of these Rules, a notice may be served by or on behalf of the Association upon any member either personally or by sending it by post to the member at the member's address shown in the register of members.

(ii) Where a document is sent to a person by properly addressing, prepaying and posting to the person a letter containing the document, the document shall, unless the contrary is proved, be deemed for the purposes of these Rules to have been served on the person at the time at which the letter would have been delivered in the ordinary course of post.

38 PUBLIC STATEMENTS

(i) Statements to the media shall only be made by the President except where the President has delegated his or her authority to the Vice President or Secretary.

39 EMPLOYMENT OF PERSONS

(i) Where persons are employed pursuant to Objective 21 such employment shall be subject to a written contract specifying the conditions of employment and endorsed by the Committee at a meeting of the Association.

40 SURPLUS PROPERTY

(i) The Association may at any time pass a special resolution determining how any surplus property is to be distributed in the event that the Association should be wound up. The distribution of surplus property shall be in accordance with Section 53 of the Act.

(ii) Paragraph (i) of this clause does not authorise the proposing of a special resolution that would be inconsistent with paragraph (ix) of clause 31A of this Constitution, relating to the transfer of any surplus assets of the Fund referred to in that clause in the event of any winding up of the Fund.

41 APPLICATION OF WEPA ENVRONMENT PROTECTION FUND PROVISIONS

(i) The provisions of paragraph 20 of "OBJECTIVES", subparagraph (v) of paragraph ii of Clause 22, Paragraph iii of Clause 31A, paragraph ii of Clause 40 and paragraph iii of Clause 32 of this Constitution, operate only during the period in which the Association is registered on the Register of Environmental Organisations referred to in the Income Tax Assessment Act 1936; but the provisions of Clause 31A relating to the winding up of the Fund referred to in that clause shall apply until any winding up of that Fund is completed.

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