Part 5 of the Principal Regulations is rescinded and the following Part is substituted:

PART 5 - Elections and polling

Division 1 - General provisions on election of trustees

23.     Conduct of elections

An initial election and subsequent elections of trustees are to be conducted by a returning officer.

24.     Scrutineers

(1)  A candidate in an election may appoint a person who is not a candidate to be a scrutineer on his or her behalf.

(2)  The appointment of a scrutineer is to be –

(a) in writing and signed by the candidate; and

(b) lodged with the returning officer.

(3)  A scrutineer is entitled to be present at any stage of the ballot and at any place where ballot material is sorted, checked or counted.

(4)  A candidate is not entitled to be present at any stage of the ballot.

25.     Eligibility for election

To be duly nominated, a person must be eligible to be a trustee under clause 1(8) of Schedule 3 to the Act.

26.     Withdrawal of nomination

(1)  A candidate may withdraw his or her nomination for an election by notice signed by the candidate and lodged, posted or sent by facsimile to the returning officer.

(2)  On receipt of a notice under subregulation (1) , the returning officer must, if that notice is received before the end of the nomination period, remove the person’s name from the list of nominations.

(3)  If a candidate dies prior to the declaration of the election, the returning officer must determine how the election is to proceed and as far as practicable be in accordance with section 273 of the Local Government Act 1993 .

27.     Validity of nominations

(1)  The returning officer may accept a nomination if satisfied that –

(a) it is in writing; and

(b) it is signed by the candidate; and

(c) it is received by the nomination closing time; and

(d) the person nominated is entitled to vote in accordance with clause 1 of Schedule 3 to the Act.

(2)  If the returning officer is not satisfied as to the matters specified in subregulation (1) , the returning officer must reject the nomination.

(3)  The returning officer is to advise a person whether a nomination is accepted or rejected as soon as practicable after making the decision.

28.     Appeals against rejection of nomination

(1)  A person may appeal to the Minister against the rejection of a nomination under regulation 27(2) not more than 72 hours after being advised of the rejection.

(2)  In considering an appeal, the Minister may –

(a) direct the returning officer to accept the nomination if the Minister is of the opinion that the nomination is in accordance with the Act and these regulations; or

(b) confirm the rejection of the nomination.

(3)  A decision of the Minister under subregulation (2) is final.

29.     Uncontested election

If the number of nominations does not exceed the number of trustees to be elected, then those persons who have been nominated are taken to have been elected.

30.     Contested election

If the number of nominations exceeds the number of trustees to be elected, the returning officer must conduct a poll as soon as practicable.

Division 2 - Initial election of trustees

31.     Notice of initial election of trustees

(1)  In the case of an initial election of trustees, not less than 28 days before the close of the poll the returning officer must –

(a) give public notice of the election in a local daily newspaper; and

(b) call for nominations; and

(c) determine the nomination closing date, being a date not less than 14 days after the public notice is published.

(2)  The public notice must specify the following:

(a) the number of trustees to be elected;

(b) who is eligible to be nominated for election as a trustee;

(c) the form in which nominations are to be made;

(d) where nominations are to be lodged or sent;

(e) the nomination period.

(3)  A subsequent public notice may amend the nomination closing date if, in the opinion of the returning officer, it is in the interest of conducting a fair election.

32.     Notification of poll for initial election of trustees

(1)  The returning officer must specify the following by public notice in a local daily newspaper:

(a) a date for polling day not less than 14 days after the date of the notice;

(b) the location of the poll within the area covered by the relevant water management plan or water district;

(c) the names of the candidates;

(d) the criteria for eligibility to vote;

(e) the time that the poll is to open and close on polling day;

(f) the procedure for applying for a postal vote in accordance with regulation 33(4) .

(2)  A subsequent public notice may amend a notice under subregulation 27(1) in respect of the date of the election and the polling period if, in the opinion of the retuning officer, it is in the interest of conducting a fair election.

(3)  The manner of the conduct of a poll is to be determined by the returning officer, other than where specified by these regulations.

33.     General voting procedure for initial election

(1)  An elector is to mark the ballot paper by numbering the boxes in order of choice from number one to the number representing the total number of candidates.

(2)  An elector's vote does not count unless the elector numbers at least the same number of boxes as there are candidates to be elected.

(3)  If voting in a polling place, after voting, each elector is to place his or her completed ballot paper in a ballot box provided at the polling place for that purpose.

(4)  If an eligible elector is not able to vote at the polling place, the returning officer on receiving a request from that elector is to send or deliver to that elector ballot material in accordance with regulations 41 , 42 and 43 .

(5)  Notwithstanding regulation 42 , any ballot paper issued under subregulation (4) must be received by no later than 10am on polling day.

Division 3 - Subsequent election of trustees

34.     Returning officers for subsequent elections

(1)  A returning officer for a subsequent election must –

(a) be appointed by the trust; and

(b) be 18 or more years of age; and

(c) have sufficient experience or qualifications to undertake the responsibilities specified in these regulations.

(2)  A returning officer must not be eligible to vote at the election that he or she is conducting.

35.     Appealing appointment of returning officer

(1)  A person may appeal in writing to the Minister against the appointment of a returning officer within 72 hours after that appointment.

(2)  The Minister may –

(a) reject the appeal if satisfied that the person appointed –

(i) meets the requirements of regulation 34 ; and

(ii) is capable of ensuring that a fair election will be conducted; or

(b) grant the appeal and direct the relevant trust to appoint another person, if the Minister is not so satisfied.

(3)  A decision of the Minister under this regulation is final.

36.     Notice of subsequent election of trustees

(1)  Not less than 28 days before the close of a poll in a subsequent election, the returning officer must –

(a) post to each eligible elector notice of the election; and

(b) call for nominations; and

(c) determine the nomination closing time and date, being not less than 14 days after the notice is posted to each eligible elector.

(2)  The notice must specify the following:

(a) the number of trustees to be elected;

(b) who is eligible to be nominated for election as a trustee;

(c) the form in which nominations are to be made;

(d) where nominations are to be lodged or sent;

(e) the nomination period.

(3)  A subsequent notice to each eligible elector may amend a notice under subregulation (1) in respect of the nomination closing date if, in the opinion of the returning officer, it is in the interest of conducting a fair election.

37.     Notification of poll for subsequent election

(1)  The returning officer must send by post or deliver to each eligible elector –

(a) a notice specifying the following:

(i) the date of the end of the polling period, being not less than 14 days after the date of the notice;

(ii) the criteria for eligibility to vote;

(iii) the names of the candidates;

(iv) the place and times at which the electoral roll may be inspected; and

(b) ballot material in accordance with regulation 41 .

(2)  A subsequent notice posted to each elector may amend a notice under subregulation (1) in respect of the date of the election and the polling period if, in the opinion of the retuning officer, it is in the interest of conducting a fair election.

(3)  The manner of the conduct of a poll is to be determined by the returning officer, other than where specified by these regulations.

38.     General voting procedure for subsequent election

(1)  An elector is to mark the ballot paper by numbering the boxes in order of choice from number one to the number representing the total number of candidates.

(2)  An elector's vote does not count unless the elector numbers at least the same number of boxes as there are candidates to be elected.

39.     Electoral roll

(1)  The electoral roll is to contain a list of those persons eligible to vote at a subsequent election.

(2)  A returning officer must, by notice to those persons eligible to vote, specify the date on which the electoral roll closes.

(3)  The electoral roll closes 10 days after the date on which notice of the election is given under regulation 36 .

(4)  The returning officer, by notice in writing, may request a corporate body to confirm in writing that a nominated person is still eligible to vote.

Division 4 - Ballot process

40.     Ballot papers

(1)  The returning officer is to ensure that the ballot paper is prepared in accordance with these regulations.

(2)  The ballot paper must –

(a) list the names of the candidates in a vertical column, with surnames first, in alphabetical order; and

(b) provide a designated space beside each candidate’s name in which to write a number; and

(c) provide instructions as to the procedure of voting under regulation 33 or 38 .

41.     Ballot material

(1)  The returning officer is to send by post or deliver during the polling period to each elector who applies for a postal vote for an initial election and to each elector in a subsequent election, at the address shown on the list of electors, the following:

(a) the ballot paper;

(b) instructions for the completion of the ballot paper and the manner in which the ballot paper is to be returned;

(c) the envelope or envelopes to be used for the return of the ballot paper;

(d) candidate statements;

(e) such other material that the returning officer considers appropriate.

(2)  An envelope to be used for the issue and return of ballot papers –

(a) is to be approved by the returning officer; and

(b) is to make provision for the elector to sign a declaration authenticating his or her vote; and

(c) is to be designed to protect the secrecy of the vote.

(3)  Except as determined by subregulation (2) , the form of the envelope is to be determined by the returning officer.

(4)  A declaration under subregulation (2)(b) is to state that the elector –

(a) is the person named on the envelope; and

(b) has voted on the ballot paper contained in the envelope.

(5)  Statements of candidates are to be –

(a) in accordance with any requirements approved by the returning officer; and

(b) printed in a format approved by the returning officer.

42.     Voting procedure for postal voting

The elector, in accordance with the instructions, is to –

(a) mark the ballot paper; and

(b) place it in the envelope or envelopes provided; and

(c) sign the declaration; and

(d) send it by post, or deliver it, so that it is received before the end of the polling period by the returning officer.

43.     Supplementary issue of ballot material for postal voting

(1)  If there is reasonable time to do so, the returning officer is to send or deliver, or provide in person, supplementary ballot material to an elector if satisfied that the elector –

(a) has not received the original documents; or

(b) has spoiled any of the original ballot material sent to him or her; or

(c) is entitled to vote but is not on the list of electors; or

(d) is to be absent from the address shown on the list of electors for part or all of the polling period.

(2)  Supplementary ballot material is to be sent or delivered to the address shown on the list of electors unless a person referred to in subregulation (1)(d) nominates another address.

(3)  A record is to be kept in a form approved by the returning officer of –

(a) the name and address of a person issued with supplementary ballot material; and

(b) the reason for that issue.

44.     When ballot papers for postal voting not to be accepted

A ballot paper is not to be accepted if it is –

(a) received by the returning officer after the end of the polling period; or

(b) not contained in an envelope approved under regulation 41(2) ; or

(c) contained in an envelope, approved under regulation 41(2) , on which the declaration has not been signed as required under regulation 42(c) ; or

(d) received from a person who is not entitled to vote.

45.     Counting

(1)  At the end of polling for an initial election, the returning officer is to open all ballot boxes referred to in regulation 33(3) and count the votes as soon as practicable at the polling place, unless he or she is of the opinion that an alternative time or place is necessary to ensure a fair election.

(2)  The returning officer is to open all postal votes that have been accepted and place the ballot papers in a ballot box in such a manner as to protect the secrecy of the votes.

(3)  Except as provided for in regulation 50 , the returning officer is to count the votes in accordance with Part 2 of Schedule 7 to the Local Government Act 1993 , except that exclusion of candidates ceases when the number of candidates remaining is equal to the number of candidates to be elected.

(4)  The candidates remaining when the exclusion of candidates under subregulation (3) ceases are elected.

46.     Informal votes

The returning officer may determine that a vote is informal and may reject that vote if, in the returning officer's opinion, the elector's intention is not clearly indicated on the ballot paper.

47.     Declaration of election

As soon as practicable after all the votes are counted, the returning officer is to –

(a) declare the names of the persons elected at the election; and

(b) issue a certificate of the result of the election; and

(c) forward that certificate to the relevant trust and a certified copy of that certificate to the Minister.

48.     Trustees

Each person elected in accordance with these regulations is elected as a trustee for the purposes of the Act.

49.     Appeal against conduct of election

(1)  A person may appeal in writing to the Minister against the manner in which an election was conducted.

(2)  An appeal must be received by the Minister within 7 days of the declaration of the election under regulation 47 unless the Minister determines otherwise.

(3)  The Minister is to reject the appeal if he or she determines that the election was conducted –

(a) in accordance with these regulations; and

(b) in a fair manner.

(4)  If the Minister determines that the election was not conducted –

(a) in accordance with these regulations; or

(b) in a fair manner –

he or she may direct the trust to hold another election under any conditions specified by the Minister.

(5)  Except as provided in subregulation (6) , conditions specified by the Minister under subregulation (4) must not be inconsistent with these regulations or the Act.

(6)  A condition under subregulation (4) may relate to the appointment of a specified person as the returning officer.

(7)  A determination or direction of the Minister under subregulation (3) or (4) is final.

Division 5 - Elizabeth Macquarie Irrigation Trust

50.     Elizabeth Macquarie Irrigation Trust

(1)  For the election of trustees for the Elizabeth Macquarie Irrigation Trust, the returning officer is to count the votes so that –

(a) for the initial election of trustees –

(i) the 5 candidates receiving the highest number of votes from the Tooms Lake/Macquarie Irrigation District are elected as trustees; and

(ii) the 4 candidates receiving the highest number of votes from the Lake Leake/Elizabeth/Macquarie Irrigation District are elected as trustees; and

(b) for the next election after the initial election –

(i) the candidate receiving the highest number of votes from the Tooms Lake/Macquarie Irrigation District is elected as trustee; and

(ii) the 2 candidates receiving the highest number of votes from the Lake Leake/Elizabeth/Macquarie Irrigation District are elected as trustees; and

(c) for the election in the year following the election referred to in paragraph (b)  –

(i) the 2 candidates receiving the highest number of votes from the Tooms Lake/Macquarie Irrigation District are elected as trustees; and

(ii) the candidate receiving the highest number of votes from the Lake Leake/Elizabeth/Macquarie Irrigation District is elected as trustee.

(2)  The counting process outlined in subregulation (1)(b) and (c) is to continue for all subsequent elections so that, in the next election, one candidate from the Tooms Lake/Macquarie Irrigation District and two candidates from the Lake Leake/Elizabeth/Macquarie Irrigation District are elected and, in the next election after that, 2 candidates from the Tooms Lake/Macquarie Irrigation District and one candidate from Lake Leake/Elizabeth/Macquarie Irrigation District are elected.

Division 6 - Polls under section 213(4) of Act

51.     Polls under section 213(4) of Act

(1)  All polls for the purposes of section 213(4) of the Act are to be conducted by a returning officer.

(2)  The following provisions are to be applied for the purposes of a poll under section 213(4) of the Act:

(a) regulations 24 , 34 , 35 , 39 , 46 and 49 ;

(b) regulation 47 , except that the returning officer is to declare whether the relevant trust may borrow the money in respect of which the poll was taken.

52.     Ballot papers for poll under section 213(4) of Act

(1)  The returning officer is to ensure that a ballot paper for the purposes of a poll under section 213(4) of Act is prepared in accordance with these regulations.

(2)  The ballot paper must –

(a) list each proposal amount and the purposes for which the proposed loan is to be applied; and

(b) provide a designated space underneath each proposal for a box next to the word "yes" ; and

(c) provide a designated space underneath each proposal for a box next to the word "no" ; and

(d) provide instructions as to the manner of voting in accordance with regulation 56 .

53.     Electors for poll under section 213(4) of Act

Electors for the purposes of a poll under section 213(4) of the Act are those persons entitled to vote at an election of trustees under clause 1 of Schedule 3 to the Act.

54.     Polling for poll under section 213(4) of Act

The returning officer must make all arrangements and provisions as are necessary to carry out a poll under section 213(4) of the Act.

55.     Ballot material for poll under section 213(4) of Act

For the purposes of a poll under section 213(4) of the Act, the returning officer is to send or deliver during the polling period to each elector ballot material in accordance with regulations 41 and 43 .

56.     Voting for poll under section 213(4) of Act

(1)  Voting for the purposes of a poll under section 213(4) of the Act is to be by ballot.

(2)  An elector is to vote at the poll in the following manner:

(a) if the elector approves a proposal, by marking the box provided on the ballot paper next to the word "yes" ;

(b) if the elector rejects a proposal, by marking the box provided on the ballot paper next to the word "no" .

(3)  An elector's vote will not count unless the elector marks one box, and one box only, in respect of each proposal printed on the ballot paper.

(4)  After voting, an elector is to place his or her completed ballot paper in a secured container provided at the polling place for that purpose.

57.     Counting for poll under section 213(4) of Act

(1)  Counting of the votes for the purposes of a poll under section 213(4) of the Act is to be undertaken by the returning officer in accordance with regulation 45(1) .

(2)  For the purposes of subregulation (1) , the ballot papers are to be counted to determine the following in respect of each proposal submitted to the electors at the poll:

(a) the number of ballot papers marked by electors approving each proposal;

(b) the number of ballot papers marked by electors rejecting each proposal.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 28 December 2005

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Water Management Regulations 1999 in respect of the election of trustees to a trust appointed to administer a water district.