Establishment and incorporation of National Environment Agency
Open ↗3. A body called the National Environment Agency is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of —(a)
suing and being sued;
(b)
acquiring, owning, holding and developing, or disposing of property, both movable and immovable; and
(c)
doing and suffering all other acts or things that a body corporate may lawfully do and suffer.
Common seal
Open ↗4.—(1) The Agency must have a common seal that may be broken, changed, altered or made anew as the Agency thinks fit.
(2) All deeds and other documents requiring the seal of the Agency must be sealed with the common seal of the Agency.
(3) All instruments to which the common seal is affixed must be signed by —(a)
any 2 members generally or specially authorised by the Agency for the purpose; or
(b)
one member and the chief executive.
(4) The Agency may, by resolution or otherwise in writing, appoint any officer of the Agency or any other agent either generally or in any particular case to execute or sign on behalf of the Agency any agreement or other instrument not under seal in relation to any matter coming within the powers of the Agency.
(5) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Agency affixed to any document and presume that it was duly affixed.
Membership of Agency
Open ↗5.—(1) The Agency consists of —(a)
a Chairperson;
(b)
a Deputy Chairperson; and
(c)
not less than 5 but not more than 12 other members,
all of whom must be appointed by the Minister.
(2) The Minister may appoint the chief executive to be a member.
Chairperson may delegate functions
Open ↗6. The Chairperson may in writing authorise any member to exercise any power or perform any function conferred on the Chairperson by or under this Act.
Term of office of members
Open ↗7.—(1) A member holds office on such conditions and for such term, not exceeding 3 years, as the Minister specifies in the member’s appointment.
(2) Any member may at any time by written notice to the Minister resign from his or her office.
(3) The Minister may at any time revoke the appointment of any member without giving any reason.
(4) If a member dies or resigns or has his or her appointment revoked, the Minister may appoint any person to fill the vacancy for the remainder of the term for which the vacating member was appointed.
(5) The Agency must pay to the Chairperson, the Deputy Chairperson and other members such salaries, fees and allowances as the Minister may determine.
Temporary Chairperson, etc.
Open ↗8. The Minister may appoint any person to be a temporary Chairperson, temporary Deputy Chairperson or temporary member during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson, Deputy Chairperson or any member, as the case may be.
Meetings and proceedings of Agency
Open ↗9.—(1) The quorum at every meeting of the Agency is the higher of the following:(a)
one‑third of the total number of members in office;
(b)
4 members.[2/2012]
(2) The Chairperson or, in his or her absence, the Deputy Chairperson presides at all meetings of the Agency and, in the absence of the Chairperson and the Deputy Chairperson, the members present must elect one of their number to preside.
(3) Meetings of the Agency must be held at such times and places as the Chairperson may determine.
(4) All questions arising at any meeting must be decided by a majority of votes of the members present and voting.
(5) At any meeting of the Agency, the Chairperson or, in his or her absence, the Deputy Chairperson has a deliberative vote and, in the case of an equality of votes, he or she also has a casting vote.
(6) The validity of any proceedings of the Agency is not affected by any vacancy amongst its members or by any defect in the appointment of any member.
(7) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Agency may regulate its own proceedings.[5/2018]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.