Water Resources (Areas and Boards) Amendment Regulation (No. 1) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 394 Water Resources Act 1989 WATER RESOURCES (AREAS AND BOARDS) AMENDMENT REGULATION (No. 1) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Insertion of new sch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SCHEDULE 5 DUNDOWRAN-NIKENBAH WATER SUPPLY AREA AND BOARD PART 1—PRELIMINARY 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—CONSTITUTION OF WATER SUPPLY AREA AND BOARD 2 Constitution of water supply area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Constitution of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Appointment of chief executive to administer area—Act, s 209 . . . 4 PART 3—COMPOSITION OF BOARD 5 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 4—ELECTION OF BOARD MEMBERS Division 1—Returning officer 6 Returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 2—Pre-election procedures 7 Roll of voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Water Resources (Areas and Boards) Amendment (No. 1) No. 394, 1997 9 When ballot must be held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Preparing ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11 Distributing voting material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 How long ballot is open . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 How to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 How returning officer must deal with voting material . . . . . . . . . . . 10 15 Scrutiny . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Initial scrutiny of voting material . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Counting votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 What happens if votes for 2 or more candidates are equal . . . . . . . 13 19 Declaring election result . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 20 Term of office of elected board members . . . . . . . . . . . . . . . . . . . . . 13 21 Filling casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 5—PROPOSAL EFFECTED 22 Proposal effected by schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

s1 3 s3 Water Resources (Areas and Boards) Amendment (No. 1) No. 394, 1997 ˙ Short title 1. This regulation may be cited as the Water Resources (Areas and Boards) Amendment Regulation (No. 1) 1997 . ˙ Regulation amended 2. This regulation amends the WaterResources(AreasandBoards)Regulation 1997 . ˙ Insertion of new sch 5 3. After schedule 4— insert— ‘ SCHEDULE 5 ‘ DUNDOWRAN-NIKENBAH WATER SUPPLY AREA AND BOARD section 2 ‘ PART 1—PRELIMINARY ˙ ‘ Definitions ‘ 1. In this schedule— “area” see section 2. “board” see section 3. “ratepayer” means a ratepayer for the area. “ratepayer for the area” see section 5.

s3 4 s3 Water Resources (Areas and Boards) Amendment (No. 1) No. 394, 1997 ‘ PART 2—CONSTITUTION OF WATER SUPPLY AREA AND BOARD ˙ ‘ Constitution of water supply area ‘ 2.(1) The area within the boundaries shown on plan number A4–110956 held by the department 1 is constituted as a water supply area (the “area” ). ‘ (2) The name assigned to the area is the Dundowran-Nikenbah Water Supply Area. ˙ ‘ Constitution of board ‘ 3.(1) A board (the “board” ) is constituted for the area. ‘ (2) The name assigned to the board is the Dundowran-Nikenbah Water Board. ‘ (3) Subsections (1) and (2) take effect immediately after the first members of the board have been appointed and elected. ˙ ‘ Appointment of chief executive to administer area—Act, s 209 ‘ 4. The chief executive is appointed to administer the area until the board is constituted and to exercise the powers and authorities and to perform the functions and duties of the board as if the board had been duly constituted. 1 A copy of the plan may be inspected, free of charge, at the office of the Department of Natural Resources, 41 George Street, Brisbane or Enterprise Street, Bundaberg.

s3 5 s3 Water Resources (Areas and Boards) Amendment (No. 1) No. 394, 1997 ‘ PART 3—COMPOSITION OF BOARD ˙ ‘ Composition of board ‘ 5.(1) The board consists of the following members— (a) 3 persons nominated by Hervey Bay City Council and appointed by the Governor in Council; (b) a person nominated by Maryborough Sugar Factory Limited and appointed by the Governor in Council; (c) 2 qualified persons 2 elected by the ratepayers (other than Maryborough Sugar Factory Limited) for the area. ‘ (2) A person is a “ratepayer for the area” if the rates or charges that the person is named in the books or records of the chief executive or the board as being liable to pay are rates and charges for land in the area. ‘ PART 4—ELECTION OF BOARD MEMBERS ‘ Division 1—Returning officer ˙ ‘ Returning officer ‘ 6.(1) For the first election of board members, the chief executive must appoint persons the chief executive considers appropriate as— (a) the returning officer; and (b) the deputy returning officer. ‘ (2) For a subsequent election of board members, the board must appoint persons the board considers appropriate as— 2 Under section 136 of the Act, a person is qualified to be elected to the board only if the person is an owner, part owner or occupier of land in the area or lives in the area. If the person is a body corporate, an individual nominated by the body corporate is the person qualified to be elected.

s3 6 s3 Water Resources (Areas and Boards) Amendment (No. 1) No. 394, 1997 (a) the returning officer; and (b) the deputy returning officer. ‘ (3) The returning officer— (a) must conduct an election in the way stated in this part; and (b) may take the action and give the directions the returning officer considers reasonably necessary— (i) to ensure no irregularities happen in the election; or (ii) to remedy a procedural defect that appears to the returning officer to exist in relation to the election. ‘ (4) The returning officer must not influence, or attempt to influence, the outcome of an election. Maximum penalty—40 penalty units. ‘ (5) If the returning officer is not reasonably able to perform the functions of returning officer (for example, because of illness), the deputy returning officer must perform the functions. ‘ Division 2—Pre-election procedures ˙ ‘ Roll of voters ‘ 7.(1) The returning officer must compile a roll of voters that states the full name and address of each ratepayer. ‘ (2) If 2 or more ratepayers are joint owners or occupiers, the returning officer must ask them to nominate in writing an individual to represent them. ‘ (3) The returning officer must insert on the roll the name and address of— (a) the person nominated; or (b) if no-one is nominated—the owner or occupier whose name appears first in the records of the chief executive or the board. ‘ (4) The returning officer must—

s3 7 s3 Water Resources (Areas and Boards) Amendment (No. 1) No. 394, 1997 (a) allow a ratepayer to inspect the roll, free of charge, at the board’s public office premises during business hours; and (b) on payment of a reasonable fee—give the ratepayer a copy of the roll. ‘ (5) A person who is a ratepayer whose name does not appear on the roll may apply in writing to the returning officer to have the person’s name included on the roll. ‘ (6) If the returning officer is satisfied the person is a ratepayer, the returning officer must insert the person’s name and address on the roll. ˙ ‘ Nominations ‘ 8.(1) The returning officer must, by written notice to each ratepayer, call for nominations of qualified persons for election to the board. ‘ (2) The notice must state— (a) the day and time (at least 14 days after the notice is given) when nominations close; and (b) the day (not more than 28 days after nominations close) when voting material will be given to ratepayers if a ballot is necessary. ‘ (3) A nomination must be— (a) written; and (b) signed by the candidate and 2 ratepayers; and (c) given to the returning officer before nominations close. ‘ (4) A candidate may withdraw a nomination by written notice to the returning officer no later than 1 hour before nominations close. ˙ ‘ When ballot must be held ‘ 9.(1) If, after nominations have closed, the number of candidates is not more than the number to be elected— (a) the returning officer must declare the candidates elected to the board; and

s3 8 s3 Water Resources (Areas and Boards) Amendment (No. 1) No. 394, 1997 (b) any office that has not been filled may be filled by the Governor in Council under section 134 of the Act. 3 ‘ (2) However, if the number of candidates is more than the number to be elected, the returning officer must conduct a secret ballot. ‘ (3) Failure to comply with section 10, 11, 14, 16, 17 or 19 does not affect the validity of a ballot. 4 ˙ ‘ Preparing ballot papers ‘ 10.(1) A ballot paper must— (a) be made of paper that will hide a vote marked on it from view when it is folded once; and (b) list the names of each candidate for election once, with the surname first, followed by the candidate’s other names; and (c) state how the ratepayer may vote; and (d) state the day and time the ballot starts and the day and time it ends; and (e) state that, for the vote to be counted, the ratepayer must fill in and sign the declaration form. ‘ (2) If 2 or more candidates have the same surname and other names, the candidates must be distinguished in an appropriate way. Example — The occupation of each candidate may be added to the ballot paper. ‘ (3) The order of names on the ballot paper must be decided by lot. 3 Section 134 of the Act (Appointment of board members) 4 Section 10 (Preparing ballot papers) Section 11 (Distributing voting material) Section 14 (How returning officer must deal with voting material) Section 16 (Initial scrutiny of voting material) Section 17 (Counting votes) Section 19 (Declaring election result)

s3 9 s3 Water Resources (Areas and Boards) Amendment (No. 1) No. 394, 1997 ˙ ‘ Distributing voting material ‘ 11.(1) The returning officer must give the following things (the “voting material” ) to each ratepayer— (a) a ballot paper initialled by the returning officer; (b) a ballot envelope; (c) a declaration form stating ‘I certify that I am the person to whom this voting material has been given and I have voted on the ballot paper enclosed.’; (d) a return envelope addressed to the returning officer. ‘ (2) The voting material must be given not more than 28 days after nominations close to arrive, if practicable, no later than the last working day before the ballot starts. ‘ (3) If a ratepayer gives the returning officer written notice that the ratepayer will be absent from the address stated on the roll when voting material is to be given, the returning officer must give the ratepayer the material at the other address (if any) stated in the notice. ‘ (4) Before giving voting material to a ratepayer, the returning officer must mark a ballot number on— (a) the roll against the ratepayer’s name; and (b) the declaration form; and (c) the return envelope. ‘ (5) The ballot numbers must start with a number chosen by the returning officer. ‘ (6) After giving the voting material, the returning officer must obtain a lockable ballot box and keys and keep them in a safe place. ˙ ‘ How long ballot is open ‘ 12. The ballot must remain open for at least 14 days.

s 3 10 s 3 Water Resources (Areas and Boards) Amendment (No. 1) No. 394, 1997 ˙ ‘ How to vote ‘ 13.(1) A ratepayer may vote only once in each election. ‘ (2) A ratepayer may vote by completing the following steps— (a) writing a tick or a cross in the squares opposite the names of up to 2 candidates on the ballot paper; (b) putting the ballot paper in the ballot envelope; (c) sealing the ballot envelope; (d) filling in and signing the declaration; (e) putting the declaration and the ballot envelope in the return envelope; (f) sealing the return envelope; (g) returning the return envelope to the returning officer before voting closes by— (i) posting it to the returning officer; or (ii) putting it in the ballot box. ‘ (3) The returning officer must provide a ratepayer who wishes to vote at a polling booth with an unoccupied voting compartment in which to vote in private. ‘ (4) If a ratepayer satisfies the returning officer that voting material given to the ratepayer has been lost, stolen or destroyed, the returning officer must give the ratepayer duplicate voting material. ˙ ‘ How returning officer must deal with voting material ‘ 14.(1) The returning officer must put each return envelope received before voting closes into the ballot box. ‘ (2) If the returning officer receives a return envelope after voting closes, the returning officer must— (a) mark the envelope ‘Received by the returning officer after voting closed.’; and

s 3 11 s 3 Water Resources (Areas and Boards) Amendment (No. 1) No. 394, 1997 (b) keep the envelope separate from return envelopes received before voting closed. ˙ ‘ Scrutiny ‘ 15.(1) Before voting closes, the returning officer must give each candidate written notice of when and where votes are to be collected, examined and counted. ‘ (2) A candidate may appoint 1 scrutineer to observe, with or without the candidate, the collection, examination and counting of votes. ‘ (3) The candidate must give the returning officer written notice of the appointment. ‘ (4) When a scrutineer arrives for the collection, examination and counting, the scrutineer must show the returning officer a copy of the notice of appointment or other suitable identification. ‘ (5) The failure of a candidate or scrutineer to attend the scrutiny of votes does not affect the validity of the election. ˙ ‘ Initial scrutiny of voting material ‘ 16.(1) As soon as possible after voting closes, the returning officer must— (a) take the ballot box to the place notified to the candidates as the place where votes are to be counted; and (b) deal with the votes in the way stated in this section in the presence of the candidates and scrutineers at the place. ‘ (2) The returning officer must— (a) open each return envelope; and (b) take the declaration and ballot envelope out of the return envelope. ‘ (3) The returning officer must put the declaration and the ballot envelope into separate containers if the returning officer is satisfied about the following matters— (a) the ballot number on the declaration corresponds with the ballot

s 3 12 s 3 Water Resources (Areas and Boards) Amendment (No. 1) No. 394, 1997 number marked beside the name of a ratepayer on the roll; (b) the person who filled in and signed the declaration is— (i) the ratepayer to whom the declaration was given; or (ii) a ratepayer who has not previously voted in the election and has a reasonable explanation for using someone else’s voting material. ‘ (4) If subsection (3)(b)(ii) applies, the returning officer must— (a) note the acceptance of the explanation on the declaration; and (b) record the correct ballot number on the roll against the name of the ratepayer who signed the declaration. ‘ (5) If the returning officer is not satisfied about a matter mentioned in subsection (3)(a) or (b), the returning officer must keep the unsatisfactory voting material separate from the satisfactory voting material. ‘ (6) The returning officer must then note the fact that the ratepayer has voted against the ratepayer’s name on the roll. ˙ ‘ Counting votes ‘ 17.(1) After separating the declaration forms and ballot envelopes, the returning officer must do the following in order— (a) seal the container holding declaration forms; (b) open the ballot envelopes; (c) take the ballot papers out of the ballot envelopes; (d) examine the ballot papers for votes; (e) count the votes. ‘ (2) The returning officer must not include an informal vote in the count. ‘ (3) A vote is not informal if the ratepayer’s intention is clear.

s 3 13 s 3 Water Resources (Areas and Boards) Amendment (No. 1) No. 394, 1997 ˙ ‘ What happens if votes for 2 or more candidates are equal ‘ 18. If the votes for 2 or more candidates are equal, the candidate elected must be decided by lots drawn by the returning officer. ˙ ‘ Declaring election result ‘ 19.(1) The returning officer must give each candidate a signed declaration of the result of the election. ‘ (2) If the election involved a ballot, the declaration must state the following— (a) how many ratepayers were on the roll when voting closed; (b) how many ballot papers were printed; (c) how many ballot papers were issued; (d) how many duplicate ballot papers were issued; (e) how many ballot papers were returned; (f) how many ballot papers were returned as unclaimed mail; (g) how many ballot papers were not returned; (h) how many ballot papers were rejected during scrutiny and the reasons for rejection; (i) how many ballot papers were counted; (j) the percentage of ratepayers who voted. Examples of reasons for rejection mentioned in paragraph (h) — 1. The declaration form was not returned. 2. The ratepayer did not sign the declaration form. ‘ (3) A scrutineer may countersign the declaration. ˙ ‘ Term of office of elected board members ‘ 20. An elected board member holds office for 3 years.

s 3 14 s 3 Water Resources (Areas and Boards) Amendment (No. 1) No. 394, 1997 ˙ ‘ Filling casual vacancies ‘ 21.(1) If a casual vacancy arises in the office of an elected board member, the office must be filled by the election of someone else under this part. 5 ‘ (2) However, the person elected to fill the vacancy holds office only for the rest of the term of the office that became vacant. ‘ PART 5—PROPOSAL EFFECTED ˙ ‘ Proposal effected by schedule ‘ 22. This schedule gives effect to the proposal contained in the Dundowran / Nikenbah Water Supply Area and Water Board (Proposed Constitution) Notice (No. 1) 1996 published in the gazette on 13 December 1996 at pages 1394 to 1399.’. ENDNOTES 1. Made by the Governor in Council on 20 November 1997. 2. Notified in the gazette on 21 November 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Natural Resources. © State of Queensland 1997 5 Under the ActsInterpretationAct1954 , section 25(1)(b), the power of the Governor in Council to appoint a member who is not elected includes a power to appoint someone else if the member’s office becomes vacant.