Water Management Amendment Regulations (No. 2) 2002
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Water Management Act 1999 .
17 June 2002g. s. m. green
Governor
By His Excellency's Command,
d. e. llewellyn
Minister for Primary Industries, Water and Environment
These regulations may be cited as the Water Management Amendment Regulations (No. 2) 2002 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Water Management Regulations 1999 are referred to as the Principal Regulations.
4. Part 5 inserted
After regulation 22 of the Principal Regulations , the following Part is inserted:PART 5 - Elections and pollingDivision 1 - Election of trusteesAll elections for trustees for the purposes of clause 3(2) of Schedule 3 to the Act are to be conducted by a returning officer.(1) A returning officer must –(a) be appointed by the Trust; and(b) be over 17 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.25. 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 24 ; and(ii) is capable of ensuring that a fair election will be held; 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.(1) A returning officer must appoint at least 2 persons as electoral officers.(2) An electoral officer is to assist the returning officer in conducting a poll for the election of a trustee or trustees.(3) Wherever practicable, at least one electoral officer must accompany the returning officer at all times for the period starting at the opening of the container referred to in regulation 38 and finishing at the declaration of the election under regulation 40 .(4) An electoral officer –(a) must be over 17 years of age; and(b) must not be eligible to vote at the election for which he or she is appointed.(1) Not less than 21 days before an election, the returning officer must –(a) give public notice of the election; and(b) call for nominations.(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) a nomination period, with a nomination closing date of not less than 14 days after the public notice is published.To be duly nominated a person must be eligible to be a trustee under clause 1(8) of Schedule 3 to the Act.(1) A candidate may withdraw his or her nomination for an election by lodging, posting or sending by facsimile a withdrawal notice to the returning officer.(2) On receipt of a withdrawal notice, the returning officer must –(a) if that notice is received before the end of the nomination period, remove the person’s name from the list of nominations; or(b) if the notice is received between the close of nominations and the declaration of the election, determine how the election is to proceed.(3) If a candidate dies prior to the declaration of the election, the returning officer must determine how the election is to proceed.(4) In making a determination under subregulation (2)(b) or subregulation (3) , the returning officer must have regard to section 273 of the Local Government Act 1993 .(1) The returning officer may accept a nomination if satisfied that it is in the specified form and –(a) the name of the person nominated is on the electoral roll; or(b) the person nominated provides written authorisation that he or she is entitled to exercise a vote on behalf of a corporate body that is entitled to a vote at the election.(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.31. Appeals against rejection of nomination
(1) A person may appeal to the Minister against the rejection of a nomination under regulation 30(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.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.If the number of nominations exceeds the number of trustees to be elected, the returning officer must conduct a poll as soon as practicable.(1) The returning officer must specify the following by public notice:(a) a date for polling day no 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 the water district;(c) the names of the candidates;(d) the place and times at which the electoral roll may be inspected;(e) the time that the poll is to open and close on the polling day.(2) A subsequent public notice may amend a notice under subregulation (1) .(3) The manner of the conduct of a poll is to be determined by the returning officer, other than where specified by these regulations.(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 manner of voting under regulation 37 .(1) The electoral roll is to contain a list of those persons eligible to vote at the election.(2) A returning officer must, by public notice, specify the date on which the electoral roll closes.(3) The electoral roll closes 48 hours before polling day.(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) After voting, each elector is to place his or her completed ballot paper in a secured container provided at the polling place for that purpose.(1) At the close of polling, the returning officer is to open the container referred to in regulation 37(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 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.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.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.Each person elected in accordance with these regulations is elected as a trustee for the purposes of the Act.42. 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 40 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 –he or she may direct the Trust to hold another election under any conditions specified by the Minister.(a) in accordance with these regulations; or(b) in a fair manner –(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 2 - Polling procedure43. 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 of Division 1 are to be applied for the purposes of a poll under section 213(4) of the Act:(a) regulations 24 , 25 , 26 , 36 , 39 and 42 ;(b) regulation 40 , except that the returning officer is to declare whether the relevant trust may borrow the money in respect of which the poll was taken.(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 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 47 .Electors for the purposes of a poll under this Part are those persons eligible to vote at an election of trustees under clause 1 of Schedule 3 to the Act.The returning officer must make all arrangements and provisions as are necessary to carry out a poll.(1) The voting at a poll 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.(1) Counting of the votes is to be undertaken by the returning officer in accordance with regulation 38(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 26 June 2002
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 –(a) the election of trustees; and(b) the conduct of polls under section 213 of the Water Management Act 1999 .