YUGUL MANGI COMMUNITY GOVERNMENT SCHEME (Repealed)

This reprint shows the Community Government Scheme as in force at 30 July 1997. Any amendments that may come into operation after that date are not included.

The name of this scheme is the Yugul Mangi Community Government Scheme. (See back

This scheme comes into operation on the date on which notice of approval of the scheme is published in the Gazette. (See back note 1)

This scheme repeals and replaces the Yugul Mangi Community Government Scheme approved on 3 May 1988 by the Minister for Labour, Administrative Services and Local Government under section 250(1)(a) of the Local Government Act as then in force (which approval was notified in Gazette No. G21 on 25 May 1988), as amended by the amendment to the scheme approved on 5 October 1989 by the Minister for Labour, Administrative Services and Local Government under section 250(1)(a), as applied by section 253A(2), of the Local Government Act as then in force (which approval was notified in Gazette No. S69 on 18 December 1989).

(1) The Yugul Mangi Community Government Council established by the repealed scheme continues by that name for the administration of the community government area constituted by that scheme as amended, being the area described under clause 5.

(2) The members of the council in office immediately before the commencement of this scheme continue in office, as if elected under this scheme, for terms expiring on the declaration of the result of the first election of a council under this scheme.

(3) The President of the council immediately before the commencement of this scheme continues in office, as if the Chairperson elected under this scheme, until immediately before the first council meeting held under this scheme.

The community government area to which this scheme applies is all those parcels of land in the Northern Territory of Australia described in Schedule 1 and shown on the plan in Schedule 2.

"clerk", for the purposes of Part 4, except clauses 25 and 26, includes the Chief Electoral Officer and a person appointed to conduct an election under clause 25;

"election year" means a year specified in or determined under clause 17 for the holding of an election;

"member" means a person who is a senior member of the council or a deputy member of the council acting in the place of a senior member under clause 8(3) or (4), and includes the chairperson;

(a) every place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of the place;

(b) every place to which the public is admitted on payment of money, the test of the admittance being the payment of the money only;

(c) every road, street, footway, court, alley, thoroughfare or cul-de-sac that the public is allowed to use, notwithstanding that the road, street, footway, court, alley, thoroughfare or cul-de-sac may be formed on private property; and

(d) land reserved under a law of the Territory for the use of the public or a member of the public.

(1) The council is to consist of 20 members who are to be elected or appointed in the manner provided by this scheme to represent the clan groups.

(1) Each clan group must, in accordance with this scheme, elect a senior member and a deputy member of the council, each of whom is to be a person who –

(c) has ordinarily resided in the community government area for not less than 12 months immediately before the period during which his or her election takes place.

(2) Subject to subclauses (3) and (4), the senior member in relation to a clan group is the member who represents the clan group on the council.

(3) Where a senior member in respect of a clan group is unable to exercise the powers or perform the functions of his or her office (whether on account of absence from the community government area or inability), the deputy member for the clan group must, subject to and in accordance with any restrictions or instructions of the senior member, act in place of the senior member and exercise the powers and perform the functions of a member of the council (including the power to vote) on his or her behalf.

(4) Where there is a vacancy in the office of senior member in respect of a clan group, the deputy member for the clan group must act as the senior member for the clan group until a senior member has been elected by the clan group.

(5) Subject to this scheme, the term of office of a senior member and a deputy member expires on the declaration of the result of the next election (not being a by-election).

(6) The office of a senior member or a deputy member becomes vacant if the member ceases to be ordinarily resident in the community government area.

(1) The council is to have a Chairperson who is to be a senior member elected by the members from among their own number present at the council's first meeting after its election and, thereafter, at the beginning of each subsequent meeting of the council (not being a special meeting of the council).

(3) The Chairperson may resign at any time by giving notice in writing to the clerk, and the office becomes vacant if its holder ceases to be a member.

(1) The council must meet to transact its business not less than once each month.

(2) The date and time of a council meeting is to be as decided by a previous meeting or, in default of that, by the clerk or, where necessary, the Minister or a person authorised by the Minister for the purpose.

(3) The clerk may call a special meeting of the council by giving at least 2 days notice to the members.

(b) 6 or more persons each of whom has attained the age of 18 years and has lived continuously in the community government area for not less than 12 months,

give notice to the clerk requesting a special meeting of the council and stating the reasons for the request, the clerk must call a special meeting of the council.

(5) Where, under subclause (3) or (4), a special meeting is to be held, the clerk must notify the members and must cause a written notice of the special meeting to be prominently displayed in such places as the clerk considers likely to be frequented by residents.

(7) Where a special meeting is requested under subclause (4), it is to be held within 7 days after the day on which notice requesting it is received by the clerk.

(8) Where a senior member, or a deputy member acting under clause 8(3) or (4), is absent from 3 consecutive meetings of the council –

the council may declare him or her to be no longer a member, and his or her office as member to be vacant, and must instruct the clerk to give notice to that effect accordingly.

Meetings of the council are open to persons who are not members or officers of the council unless the council determines that a meeting, or part of a meeting, is closed.

(1) Meetings of the council are to be presided over by the Chairperson or, in the absence of the Chairperson, by another member chosen by the members present from among their number.

(2) The council is to determine its own procedure for meetings subject to any standing orders it may make from time to time.

(4) The quorum for a meeting of the council is a majority of the members then in office.

(5) Questions before a meeting of the council is to be decided by a majority of the votes of members then in office and, in the event of an equality of votes, the matter is to be taken to have been defeated.

(2) The Executive Committee has the powers and the functions of the council that are delegated to it by the council.

(a) senior members elected by the council at the council's first meeting after its own election, and thereafter as occasion may require for the filling of casual vacancies; or

(5) Subject to a resolution of the council to the contrary, the proceedings of the Executive Committee are as the Committee determines.

(a) the establishment, development, operation and maintenance of communication, television and radio broadcasting facilities for the community government area, and for this purpose the council may, for reward, act as agent for any provider of those facilities;

(b) the establishment and maintenance of parks, gardens and recreational areas and the carrying out of landscaping and other associated works;

(c) the establishment and maintenance of sports facilities, libraries, cinemas, community halls, public toilets and ablution blocks, laundry facilities, swimming pools and museums;

(d) the provision of services for the collection and disposal of garbage, the provision and maintenance of particular places where garbage may be dumped and the control of litter generally;

(e) the provision and maintenance of sanitation facilities and the removal of health hazards;

(f) the provision and maintenance of sewerage, drainage and water supply facilities;

(g) the supply of electricity by contracting with a government department or statutory authority responsible for providing electricity;

(k) the provision and maintenance of housing for residents and their families on such terms and conditions as the council thinks fit;

(n) the promotion and provision of community welfare, health and care facilities for all age groups within the community government area and the provision of appropriately trained staff to provide counselling and temporary assistance;

(r) the development and maintenance of roads and boat ramps within the community government area (including the provision of lighting and traffic control devices) and, for reward, the development and maintenance of roads and boat ramps outside the community government area;

(t) the hiring out for reward of vehicles, plant, appliances and equipment belonging to the council, the repair and maintenance, for reward, of vehicles, plant, appliances and equipment not owned by the council and the selling of goods or equipment purchased by the council for or in connection with any enterprise and found to be in excess of the council's immediate needs;

(u) the contracting of works projects (including the provision of services and the maintenance of capital works and undertakings) within or outside the community government area;

(z) the establishment and maintenance of fire fighting services, including the acquisition of property and equipment, the training of personnel for the service and the protection of the community government area from fire;

(za) the promotion and development of tourist attractions and facilities within the community government area and the production and selling of artefacts and souvenirs;

(zc) the support and encouragement of artistic, cultural and sporting activities;

(1) Subject to subclause (2), all land within the community government area is ratable, and the council may declare and levy rates in relation to it for the purpose of raising revenue for the performance of its functions.

(2) Land is not ratable if it is land of a description that would be exempt from rating by a council of a municipality under section 58(2) of the Act.

(3) Without limiting the powers of charging conferred on the council by section 122(3) of the Act, charges are payable by reason of a person –

(4) The council may exempt land or persons, or a class of land or persons, from all or part of the rates or charges for which they would otherwise have been liable by virtue of this clause.

(5) The council may, where a group or organisation gives its consent, take control of and manage activities of the group or organisation that are consistent with the council's functions.

(1) Subject to the Act, the council may, by resolution, delegate any of its powers and functions under this scheme to –

(2) A delegation under subclause (1) may be subject to any conditions, limitations or qualifications that the council specifies in its resolution, and the delegate must not exercise the powers or perform the functions delegated except in accordance with the terms of the resolution.

(3) Subject to a resolution of the council to the contrary, a decision of a delegate in relation to a matter delegated is to have no effect until approved by the council.

(4) A delegate must not act for or on behalf of the council, or exercise powers or perform functions of the council, other than in accordance with the relevant resolution of the council.

(5) A power or function delegated by the council under this clause is, when exercised or performed by a delegate, deemed to have been exercised or performed by the council.

(6) A delegation under this clause does not prevent the exercise of a power or the performance of a function by the council.

The first election of a council under this scheme is to take place during the month of September 1997, and subsequent elections are to take place during that month in every third calendar year after the year in which an election is held.

(a) begins (except as provided by clause 24(4) in relation to by-elections) on 1 October in an election year; and

A person is eligible to participate in the election of members for the clan group to which the person belongs if he or she has attained the age of 18 years and has ordinarily resided in the community government area for a period of not less than 12 months immediately before the month during which the election is to take place.

(1) Not later than 1 August in an election year, the clerk must publish an election notice in accordance with this clause.

(2) An election notice is to be published by displaying it prominently at such places as the clerk considers likely to reasonably ensure that it will be seen by all residents of the community government area.

(a) a council is to be elected during the month of September in the election year;

(b) each clan group (setting them out by name) is to elect a senior member and a deputy member; and

(c) a person belonging to a clan group who has attained the age of 18 years and has ordinarily resided in the community government area for a period of not less than 12 months immediately before the month during which the election is to take place is eligible –

and is to set out the provisions as to the method of election and notification of results contained in clause 21.

(1) The election of members for a clan group is to be effected by agreement between the persons belonging to the clan group who are eligible to participate in the election as to the persons by whom they wish to be represented on the council.

(2) The result of the election is to be notified to the clerk not later than 30 September in the election year by a written declaration signed by 2 persons recognised by the clerk as having authority to declare the wishes of the clan group.

On 1 October in an election year or as soon as practicable after that date, the clerk must –

(i) list the persons whose names have been notified to him or her in accordance with clause 21; and

(ii) declare that those persons have been duly elected as members for the respective clan group; and

the clerk may extend by a maximum of 21 days the period during which the election of a council is to take place under clause 21.

(2) The clerk must take such steps as he or she considers necessary and practicable to inform persons eligible to participate in the election of an extension under subclause (1).

(3) Where the period during which an election is to take place is extended under subclause (1) –

(a) the term of office of existing members continues until the end of the period as extended and the new council takes office on the following day;

(b) the notification required by clause 21(2) is to be given not later than the end of the period as extended; and

(c) the notice required by clause 22(a) is to be displayed on or as soon as practicable after the day following the period as extended.

(1) Subject to subclauses (2) and (3) and clause 26, where the office of a senior member is or becomes vacant for any reason whatever, a by-election is to be held to fill the vacancy with a person elected from among persons who belong to the relevant clan group and are eligible to participate in the election in accordance with clause 19.

(2) It is not necessary for a by-election to be held under subclause (1) if the vacancy arises on or after 1 March in an election year.

whenever arising, by appointing by resolution a person eligible under clause 8(1) to represent the relevant clan group and, in that event, subclause (1) does not apply.

(4) A by-election is to be held during a period of 4 weeks beginning on a date decided by the council, or during that period as extended by virtue of subclause (8), and the senior member elected must take office on the day following that period or extended period.

(5) Clauses 20(1) applies to and in relation to a by-election as if a reference in that clause to 1 August in an election year is a reference to the first day of the period during which the by-election is to be held.

(a) state that a by-election is to be held to elect a senior member to represent the relevant clan group;

(c) require persons belonging to the clan group who have attained the age of 18 years and have been ordinarily resident in the community government area for a period of not less than 12 months immediately before the by-election takes place to elect the member from among themselves; and

(d) set out the provisions as to the method of election and notification of results contained in clause 21 as modified by subclause (7)(a).

(a) clause 21(2) referred (instead of to 30 September in an election year) to the last day of the period during which the by-election is to be held, or the last day of that period as extended by virtue of subclause (8); and

(b) clause 22 referred to the day following that period or extended period (instead of to 1 October in an election year).

(8) The period during which a by-election is to be held may be extended by the clerk under clause 23(1) and clause 23(2) (but not 23(3)) applies accordingly.

Where a new council is to be elected under this scheme and the clerk is a member of the existing council, the Minister may appoint another person to perform the functions of the clerk in relation to that election.

(1) If all the members of the council cease to be members, or if a quorum is not present on 2 consecutive occasions at the place and within one hour after the time specified for a council meeting, the clerk is deemed to constitute the council for the purposes of –

(b) exercising the powers of the council under this scheme until immediately before the declaration of the results of the election of the new council.

(2) The period determined by the clerk under subclause (1)(a) is to begin as soon as practicable, but in any case not later than 3 months after the event giving rise to the determination.

(3) For the purposes of exercising a power of the council in pursuance of subclause (1)(b), the clerk must appoint a person eligible to participate in an election as his or her assistant.

(4) A council elected under this clause must take office on the day following the election period, and holds office for the remainder of the term for which the previously elected council would have been in office had that previously elected council remained in office for its full term.

(5) In relation to an election under this clause, this Part has effect with the necessary changes.

The parcel of land in Arnhem Land near Limmen Bight containing an area of 6565 km2 more or less commencing at the northeastern corner of Pastoral Lease 854 (Mainoru); thence due east to the intersection of Latitude 14o south and Longitude 135o east; thence southeasterly by a straight line toward Nyinpinti Point to Longitude 135o 30' east; thence due south to low water mark in Limmen Bight; thence by low water mark of Limmen Bight and the left bank of Roper River to its intersection with the southerly prolongation of the eastern boundary of Pastoral Lease 657 (Urapunga); thence northerly by that prolongation, the eastern boundary of that Pastoral Lease and the eastern boundary of Pastoral Lease 854 to the point of commencement.

The parcel of land near Limmen Bight containing an area of 828.2 km2 more or less being Northern Territory Portions 2099 and 2276 and being more particularly delineated on Compiled Plan 4524 and Survey Plan S.82/171 lodged with the Surveyor-General, Darwin.

The parcel of land near Urapunga Homestead within Pastoral Lease 657 (Urapunga) containing an area of 341.5 ha more or less being Northern Territory Portion 1545 and being more particularly delineated on Survey Plan S.75/95 lodged with the Surveyor-General, Darwin.

The parcel of land situated south of Pastoral Lease 657 (Urapunga) containing an area of 169 km2 more or less being Northern Territory Portion 2632 and being more particularly delineated on Survey Plans S.85/163A, S.85/163B and S.85/163C lodged with the Surveyor-General, Darwin.

The parcel of land situated adjacent to Roper Highway within Pastoral Lease 632 (Roper Valley) containing an area of 684.9 ha more or less being Northern Territory Portions 1718 and 3278 and being more particularly delineated on Survey Plan S.79/40 lodged with the Surveyor-General, Darwin.

The parcel of land near Hodgson Downs Homestead within Pastoral Lease 613 (Hodgson Downs) containing an area of 176 ha more or less being Northern Territory Portion 1507 and being more particularly delineated on Survey Plan S.74/131 lodged with the Surveyor-General, Darwin.

The parcel of land near the southern boundary of and within Pastoral Lease 667 (Hodgson River) containing an area of 37.38 ha more or less being Northern Territory Portion 3369 and being more particularly delineated on Survey Plan S.87/221 lodged with the Surveyor-General, Darwin.

The parcel of land situated east of Pastoral Leases 667 (Hodgson River) and 526 (Nutwood Downs) containing an area of 4427 km2 more or less being Northern Territory Portion 818 and being more particularly delineated on Survey Plans S.85/184A and S.85/184B lodged with the Surveyor-General, Darwin.

1. The Yugul Mangi Community Government Scheme, under the Local Government Act and amendments made by other legislation, the details of which are specified in the following table:

Scheme	Date of approval	Date notified in the Gazette	Date of commencement
Original	3 May 1988	25 May 1988	25 May 1988
Amendment	5 Oct 1989	18 Dec 1989	18 Dec 1989
Replacement	24 July 1997	30 July 1997	30 July 1997

Northern Territory Repealed Regulations

YUGUL MANGI COMMUNITY GOVERNMENT SCHEME