Water Management Regulations 1999

Water Management Regulations 1999

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 .

22 December 1999

G. S. M. GREEN

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Water Management Regulations 1999 .

2.   Commencement

These regulations take effect on 1 January 2000.

3.   Interpretation

In these regulations, unless the contrary intention appears –

Act means the Water Management Act 1999 ;

[Regulation 3 Amended by S.R. 2004, No. 40, Applied:01 Jul 2004] ADQ means the average daily quantity of water, expressed in megalitres, permitted to be taken under a licence;

[Regulation 3 Amended by S.R. 2005, No. 164, Applied:28 Dec 2005] eligible elector means a person entitled to vote at an election of trustees under clause 1 of Schedule 3 to the Act;

fee unit means a fee unit within the meaning of the Fee Units Act 1997 ;

field management fee means a fee payable under regulation 6 or 8 ;

[Regulation 3 Amended by S.R. 2005, No. 164, Applied:28 Dec 2005] initial election means the first election of trustees;

[Regulation 3 Amended by S.R. 2005, No. 164, Applied:28 Dec 2005] [Regulation 3 Amended by No. 17 of 1996, Applied:17 May 2007] polling period means a period of at least 10 days, excluding Saturdays, Sundays and statutory holidays, within the meaning of the Statutory Holidays Act 2000 , ending on the day on which the poll closes;

[Regulation 3 Amended by S.R. 2004, No. 40, Applied:01 Jul 2004]

quarter means a period of 3 months commencing on the first day of January, April, July or October in any year;

[Regulation 3 Amended by S.R. 2005, No. 164, Applied:28 Dec 2005] region means a region referred to in regulation 8(2)(a) ;

[Regulation 3 Amended by S.R. 2005, No. 164, Applied:28 Dec 2005] returning officer means a person appointed –

(a) under regulation 34 ; or

(b) by the Minister in accordance with clause 2(1) of Schedule 3 to the Act;

[Regulation 3 Amended by S.R. 2005, No. 164, Applied:28 Dec 2005] subsequent election means an election of trustees for a district, other than an initial election.

PART 2 - Rights to take water

4.   Rights to take water

(1)  For the purposes of section 48(2) of the Act, the maximum amount of water which may be taken is –

(a) for domestic purposes, 440 litres a day for each dwelling on the relevant land, or if there is no dwelling, 100 litres a day for each person who is an occupier of the land; or

(b) for irrigation of a household garden, 0.6 litres a day for each square meter, but not exceeding 1500 litres a day; or

(c) for watering cattle, 90 litres a day for each head of cattle; or

(d) for watering horses, 45 litres a day for each head; or

(e) [Regulation 4 Subregulation (1) amended by S.R. 2003, No. 152, Applied:10 Dec 2003] for watering sheep and goats, 8.5 litres a day for each head; or

(f) [Regulation 4 Subregulation (1) amended by S.R. 2003, No. 152, Applied:10 Dec 2003] for watering pigs, 20.0 litres a day for each head; or

(g) [Regulation 4 Subregulation (1) amended by S.R. 2003, No. 152, Applied:10 Dec 2003] for watering chickens, 3.0 litres a day for each 10 head; or

(h) [Regulation 4 Subregulation (1) amended by S.R. 2003, No. 152, Applied:10 Dec 2003] for watering turkeys, 5.5 litres a day for each 10 head.

(2)  If an authorised officer is satisfied that the water is to be taken into storage, he or she may permit the taking of water in excess of the quantities specified in subregulation (1) , but the maximum quantity which may be taken in any period of 7 days may not exceed 7 times the quantity so specified.

(3)  A person who contravenes this regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine of 2 penalty units for each day during which the offence continues.

(4)  [Regulation 4 Subregulation (4) inserted by S.R. 2002, No. 31, Applied:01 May 2002] On conviction of a licensee for an offence under this regulation or on acceptance of a water infringement notice in respect of any such offence, 3 demerit points are allocated to his or her licence.

PART 3 - Water licence fees

5.   Administrative fees

[Regulation 5 Amended by S.R. 2004, No. 40, Applied:01 Jul 2004] [Regulation 5 Amended by S.R. 2005, No. 115, Applied:19 Oct 2005] An administrative fee of 71.1 fee units a year is payable by all licensees.

6.   Field management fees

(1)  An annual field management fee is payable in accordance with this regulation by all licensees where water may be taken only during the period between 1 May and 31 October in any year.

(2)  Where –

(a) water is taken into a dam constructed in or on a watercourse; or

(b) there is more than one water allocation of a licence authorising the taking of water during the period referred to in subregulation (1) and at least one of the allocations is taken into a dam constructed in or on a watercourse –

a fee is payable in accordance with the following table:[Regulation 6 Subregulation (2) amended by S.R. 2004, No. 40, Applied:01 Jul 2004] [Regulation 6 Subregulation (2) amended by S.R. 2005, No. 115, Applied:19 Oct 2005] [Regulation 6 Subregulation (2) amended by S.R. 2006, No. 87, Applied:01 Oct 2006]

Region	1	2	3	4	5	6	7	8
Fee units	39.2	33.4	22.8	74.1	41.6	128.9	37.4	105.7

(3)  Where water is taken in any other case during the period referred to in subregulation (1) , a fee is payable in accordance with the following table:[Regulation 6 Subregulation (3) amended by S.R. 2004, No. 40, Applied:01 Jul 2004] [Regulation 6 Subregulation (3) amended by S.R. 2005, No. 115, Applied:19 Oct 2005] [Regulation 6 Subregulation (3) amended by S.R. 2006, No. 87, Applied:01 Oct 2006]

Region	1	2	3	4	5	6	7	8
Fee units	19.6	16.7	11.4	37.1	20.8	64.4	18.7	52.8

(4)  Where there is more than one water allocation of a licence authorising the taking of water as mentioned in subregulation (1) , only one field management fee is applicable to the licensee.

7.   Aquaculture, hydro-electricity generation, &c.

The fee for a licence to take water from a watercourse for aquaculture, hydro-electricity generation or any similar purpose where the water is returned to the watercourse directly after use without significant diminution of the quantity of water taken is 247.5 fee units a year.

8.   Other field management fees

(1)  [Regulation 8 Subregulation (1) amended by S.R. 2004, No. 40, Applied:01 Jul 2004] An annual field management fee for a licence to take water from a watercourse, otherwise than as mentioned in this Part, is payable by the licensee and is the total of the various amounts payable in respect of each part of the relevant ADQ as specified in the first column of Schedule 1 for the region in which the licensee's land lies.

(2)  For the purposes of these regulations –

(a) [Regulation 8 Subregulation (2) amended by S.R. 2002, No. 31, Applied:01 May 2002] the State is divided into 8 regions as delineated in Plan No. 5278 in the Central Plan Register, a reduced copy of which is set out by way of illustration in Schedule 3 ; and

(b) [Regulation 8 Subregulation (2) amended by S.R. 2002, No. 31, Applied:01 May 2002] each region is more particularly delineated in the several plans in the Central Plan Register indicated on Plan No. 5278; and

(c) [Regulation 8 Subregulation (2) amended by S.R. 2002, No. 31, Applied:01 May 2002] where any land of a landholder extends beyond the boundary of a region, the whole of that land is taken to be within the region in which the majority of that land lies.

(3)  [Regulation 8 Subregulation (3) inserted by S.R. 2005, No. 115, Applied:19 Oct 2005] An annual field management fee of 45 fee units is payable by the licensee for a licence to take water from groundwater.

9.   Rebate of fees

[Regulation 9 Amended by S.R. 2004, No. 40, Applied:01 Jul 2004] Where a licence has a water allocation from the Huon River or any other watercourse specified by the Minister by notice published in the Gazette, the field management fee under regulation 8 may be reduced by such amount, not exceeding one-half, as may be so specified.

10.   Fee for multiple water allocations

(1)  Where a licence has more than one water allocation, the fee payable under regulation 8 is –

(a) the total of the field management fees payable for each allocation; or

(b) the fee applicable to the total amount of water as if it were all a single allocation –

whichever is the lesser amount.

(2)  Where a licence has a water allocation as mentioned in regulation 6(2) and a water allocation as mentioned in regulation 8 , the field management fee is one-half the amount payable under regulation 6(2) together with the amount payable under regulation 8 .

(3)  Where a licence has a water allocation authorising the taking of water –

(a) only during the period between 1 May and 31 October in any year; and

(b) otherwise than as mentioned in this Part –

the field management fee is the total amount payable under regulations 6(1) and 8 .

11.   Rebate for meter

The Minister may determine that the relevant field management fee payable by a licensee is to be reduced by an amount not exceeding one-half of the fee where the water taken under the licence may be measured by a meter affixed in accordance with section 227 of the Act.

12.   Licence fees for water authorities

The fee payable by the Hobart Water Authority, the Esk Water Authority and the North West Water Authority is to be the product of 26.38 fee units and the number of megalitres of water taken under the licence during the preceding quarter for supply to the customers of each Authority, excluding any water intended for commercial irrigation where the Minister is satisfied that the water is to be so used.

13.   Licences for less than 12 months

Where a licence is granted for a period of less than 12 months, the field management fee is to be the appropriate proportion of the annual fee unless the Minister determines otherwise, in which case the fee so determined may not exceed the fee which would be payable under this Part if the licence was held for a period of 12 months.

14.   Miscellaneous fees

Schedule 4 has effect in respect of other fees payable under the Act.

PART 4 - Enforcement

Division 1 - Water infringement notices

[Division 1 Inserted by S.R. 2002, No. 31, Applied:01 May 2002]

15.   Penalties on service of water infringement notices

The penalties specified in column 4 of the table in Schedule 5 are prescribed as the penalties for offences committed under the Act where a water infringement notice is served on the offender for the relevant offence.

Division 2 - Demerit points

[Division 2 Inserted by S.R. 2002, No. 31, Applied:01 May 2002]

16.   Allocation of demerit points

(1)  For the purposes of section 257 of the Act, where a licensee accepts a water infringement notice, demerit points are allocated to his or her licence in accordance with Schedule 5 .

(2)  For the purposes of subregulation (1) , the number of demerit points to be allocated is the number specified in column 5 of the table in Schedule 5 opposite the relevant offence.

17.   Demerit points for convictions

(1)  This regulation applies to an offence under section 52 , 61 , 82 , 92 , 227 , 228 , 232 , 234 , 235 , 236 , 246 , 281 , 282 , 283 or 284 of the Act unless a court has suspended or cancelled the relevant licence under section 106(1) of the Act.

(2)  If a licensee is convicted of an offence to which this regulation applies, demerit points are allocated to his or her licence in accordance with Schedule 5 unless the court is satisfied that, in view of mitigating circumstances, a lesser number of demerit points should be allocated.

(3)  For the purposes of subregulation (2) , the number of demerit points to be allocated is the number specified in column 5 of the table in Schedule 5 opposite the relevant offence.

18.   Duration of demerit points

Demerit points remain in force for a period of 3 years.

19.   Suspension of licence

(1)  For the purposes of section 106(2) of the Act –

(a) the prescribed number of demerit points is 12; and

(b) a suspension of a licence is for a period of 3 months commencing on the date of conviction for the last of the relevant offences or the date of acceptance of the relevant water infringement notice.

(2)  The period of suspension is not affected by the fact that any of the demerit points would expire during that period or that the period is postponed under this regulation.

(3)  The period of suspension cancels all demerit points on which it is based but does not affect any demerit points allocated for an offence committed during that period.

20.   Licences for limited periods

(1)  This regulation applies in a case where it is a condition of a licence that water may be taken only during certain periods of the year.

(2)  If the date on which a suspension under this Division would commence is at a time when the relevant licence does not permit the taking of water, the period of suspension commences on the next day on which the licence would otherwise permit the taking of water.

(3)  If the period of suspension under this Division would not be completed before the end of the period during which the licence permits the taking of water, the balance of the period of suspension is carried forward so as to commence on the first day on which the licence would permit the taking of water.

21.   Cancellation of licence

(1)  Where a licence has been suspended under regulation 19 and, within 3 years after the completion of the period of suspension, the licence would, but for this regulation, again be suspended under that regulation, the licence is taken to be cancelled.

(2)  Subregulation (1) does not apply in a case where there has been an absolute transfer of a licence under Division 4 of Part 6 of the Act since the previous period of suspension.

22.   Transfer of demerit points

A transfer of a licence as mentioned in section 262(1) of the Act does not affect the allocation of any demerit points to that licence or the period during which they remain in force.

PART 5 - Elections and polling

[Part 5 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

Division 1 - General provisions on election of trustees

[Division 1 Inserted by S.R. 2002, No. 73, Applied:26 Jun 2002] [Division 1 of Part 5 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

23.   Conduct of elections

[Regulation 23 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005] An initial election and subsequent elections of trustees are to be conducted by a returning officer.

24.   Scrutineers

[Regulation 24 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 25 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005] 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

[Regulation 26 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 27 Subregulation (1) amended by S.R. 2003, No. 152, Applied:10 Dec 2003] [Regulation 27 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 28 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 29 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005] 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

[Regulation 30 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005] 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

[Division 2 Inserted by S.R. 2002, No. 73, Applied:26 Jun 2002] [Division 2 of Part 5 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

31.   Notice of initial election of trustees

[Regulation 31 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 32 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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 (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

[Regulation 33 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Division 3 of Part 5 Inserted by S.R. 2005, No. 164, Applied:28 Dec 2005]

34.   Returning officers for subsequent elections

[Regulation 34 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 35 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 36 Subregulation (3) amended by S.R. 2003, No. 152, Applied:10 Dec 2003] [Regulation 36 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 37 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 38 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 39 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Division 4 of Part 5 Inserted by S.R. 2005, No. 164, Applied:28 Dec 2005]

40.   Ballot papers

[Regulation 40 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 41 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 42 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005] 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

[Regulation 43 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 44 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005] 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

[Regulation 45 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 46 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005] 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.

46A.   

[Regulation 46A Inserted by S.R. 2003, No. 152, Applied:10 Dec 2003] [Regulation 46A Rescinded by S.R. 2005, No. 164, Applied:28 Dec 2005] .  .  .  .  .  .  .  .  

46B.   

[Regulation 46B Inserted by S.R. 2003, No. 152, Applied:10 Dec 2003] [Regulation 46B Rescinded by S.R. 2005, No. 164, Applied:28 Dec 2005] .  .  .  .  .  .  .  .  

46C.   

[Regulation 46C Inserted by S.R. 2003, No. 152, Applied:10 Dec 2003] [Regulation 46C Rescinded by S.R. 2005, No. 164, Applied:28 Dec 2005] .  .  .  .  .  .  .  .  

46D.   

[Regulation 46D Inserted by S.R. 2003, No. 152, Applied:10 Dec 2003] [Regulation 46D Rescinded by S.R. 2005, No. 164, Applied:28 Dec 2005] .  .  .  .  .  .  .  .  

47.   Declaration of election

[Regulation 47 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005] 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

[Regulation 48 Substituted by S.R. 2005, No. 164, Applied:28 Dec 2005] 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

[Regulation 49 Inserted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Division 5 of Part 5 Inserted by S.R. 2005, No. 164, Applied:28 Dec 2005]

50.   Elizabeth Macquarie Irrigation Trust

[Regulation 50 Inserted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Division 6 of Part 5 Inserted by S.R. 2005, No. 164, Applied:28 Dec 2005]

51.   Polls under section 213(4) of Act

[Regulation 51 Inserted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 52 Inserted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 53 Inserted by S.R. 2005, No. 164, Applied:28 Dec 2005] 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

[Regulation 54 Inserted by S.R. 2005, No. 164, Applied:28 Dec 2005] 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

[Regulation 55 Inserted by S.R. 2005, No. 164, Applied:28 Dec 2005] 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

[Regulation 56 Inserted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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

[Regulation 57 Inserted by S.R. 2005, No. 164, Applied:28 Dec 2005]

(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.

SCHEDULE 1 - Field management fees

[Schedule 1 Amended by S.R. 2004, No. 40, Applied:01 Jul 2004] [Schedule 1 Substituted by S.R. 2005, No. 115, Applied:19 Oct 2005]

Regulation 8(1)

[Schedule 1 Amended by S.R. 2006, No. 87, Applied:01 Oct 2006] [Schedule 1 Amended by S.R. 2007, No. 75, Applied:01 Oct 2007]

SCHEDULE 2

[Schedule 2 Rescinded by S.R. 2002, No. 31, Applied:01 May 2002]

SCHEDULE 3 - Index plan of regions

[Schedule 3 Substituted by S.R. 2002, No. 31, Applied:01 May 2002]

Regulation 8(2)(a)

SCHEDULE 4 - Fees

[Schedule 4 Amended by S.R. 2003, No. 152, Applied:10 Dec 2003] [Schedule 4 Substituted by S.R. 2004, No. 40, Applied:01 Jul 2004] [Schedule 4 Substituted by S.R. 2005, No. 115, Applied:19 Oct 2005]

Regulation 14

PART 1 - Preliminary

[Part 1 of Schedule 4 Inserted by S.R. 2004, No. 40, Applied:01 Jul 2004] [Part 1 of Schedule 4 Substituted by S.R. 2005, No. 115, Applied:19 Oct 2005]

1.   Interpretation

In this Schedule –

downstream transfer means the transfer of a licence or water allocation so that the entitlement to take water under the licence or pursuant to the water allocation is transferred to a person taking water downstream from the transferor;

major tributary means a tributary that is named on the Tasmania 1:25 000 map series published under the TASMAP brand by the State government;

trading zone means a section of a watercourse that is located between major tributaries;

upstream transfer means the transfer of a licence or water allocation so that the entitlement to take water under the licence or pursuant to the water allocation is transferred to a person taking water upstream from the transferor.

PART 2 - Miscellaneous Fees

[Part 2 of Schedule 4 Inserted by S.R. 2004, No. 40, Applied:01 Jul 2004] [Part 2 of Schedule 4 Substituted by S.R. 2005, No. 115, Applied:19 Oct 2005] [Part 2 of Schedule 4 Amended by S.R. 2007, No. 75, Applied:01 Oct 2007]

PART 3 - Additional fees for temporary water allocation

[Part 3 of Schedule 4 Inserted by S.R. 2005, No. 115, Applied:19 Oct 2005]

1.   Additional fee for Meander River temporary water allocation

The additional fee payable for a temporary water allocation from the Meander River is to be calculated in accordance with the following formula:

where –

A is the fee payable;

B is the number of days during which water is required;

C is the total of the various amounts payable in respect of each part of the relevant ADQ as specified in the first column of the following table.

Part of ADQ	Fee units
less than or equal to 0.1 megalitre	51 fee units
More than 0.1 but less than or equal to 2.0 megalitres	51 plus 643 x (ADQ – 0.1) fee units
More than 2.0 but less than or equal to 5.0 megalitres	1 271 plus 32 x (ADQ – 2) fee units
More than 5.0 but less than or equal to 20 megalitres	1 368 plus 16 x (ADQ – 5) fee units
More than 20 megalitres	1 609 plus 8 x (ADQ – 20) fee units

2.   Additional fee for temporary water allocations (excluding the Meander River)

The additional fee payable for a temporary water allocation from a water resource other than the Meander River is to be calculated in accordance with the following formula:

where –

A is the fee payable;

B is the number of days during which water is required;

[Part 3 of Schedule 4 Amended by S.R. 2006, No. 87, Applied:01 Oct 2006] C is the total of the various amounts payable in respect of each part of the relevant ADQ as specified in the first column of the following table for the region in which the water resource of the person seeking a temporary water allocation lies.[Part 3 of Schedule 4 Amended by S.R. 2007, No. 75, Applied:01 Oct 2007]

Part of ADQ	Region 1	Region 2	Region 3	Region 4	Region 5	Region 6	Region 7	Region 8
less than or equal to 0.1 megalitre	60 fee units	60 fee units	60 fee units	60 fee units	60 fee units	60 fee units	60 fee units	60 fee units
more than 0.1 but less than or equal to 2.0 megalitres	60 plus 863 x (ADQ – 0.1) fee units	60 plus 384 x (ADQ – 0.1) fee units	60 plus 181 x (ADQ – 0.1) fee units	60 plus 946 x (ADQ – 0.1) fee units	60 plus 137 x (ADQ – 0.1) fee units	60 plus 170 x (ADQ – 0.1) fee units	60 plus 93 x (ADQ – 0.1) fee units	60 plus 503 x (ADQ – 0.1) fee units
more than 2.0 but less than or equal to 5.0 megalitres	1 699 plus 43 x (ADQ – 2) fee units	790 plus 19 x (ADQ – 2) fee units	404 plus 9 x (ADQ – 2) fee units	1 856 plus 47 x (ADQ – 2) fee units	320 plus 7 x (ADQ – 2) fee units	382 plus 8.6 x (ADQ – 2) fee units	236 plus 4.7 x (ADQ – 2) fee units	1 016 plus 25.3 x (ADQ – 2) fee units
more than 5.0 but less than or equal to 20 megalitres	1 828 plus 21.7 x (ADQ – 5) fee units	847 plus 9.6 x (ADQ – 5) fee units	430 plus 4.6 x (ADQ – 5) fee units	1 998 plus 23.6 x (ADQ – 5) fee units	341 plus 3.5 x (ADQ – 5) fee units	407 plus 4.3 x (ADQ – 5) fee units	249 plus 2.3 x (ADQ – 5) fee units	1 092 plus 12.7 x (ADQ – 5) fee units
more than 20 megalitres	2 152 plus 10.7 x (ADQ – 20) fee units	991 plus 4.8 x (ADQ – 20) fee units	498 plus 2.3 x (ADQ – 20) fee units	2 353 plus 11.8 x (ADQ – 20) fee units	392 plus 1.8 x (ADQ – 20) fee units	471 plus 2.1 x (ADQ – 20) fee units	284 plus 1.1 x (ADQ – 20) fee units	1 281 plus 6.3 x (ADQ – 20) fee units

SCHEDULE 5 - Penalties in case of water infringement notices and demerit points

[Schedule 5 Inserted by S.R. 2002, No. 31, Applied:01 May 2002]

Regulations 15 , 16 and 17

[Schedule 5 Amended by S.R. 2003, No. 152, Applied:10 Dec 2003]

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

Notified in the Gazette on 29 December 1999

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