Part 1 Preliminary
1 Name of Regulation
This Regulation may be cited as the Water Management (Private Drainage Boards—General) Regulation 1995.cll 1: Am 22.12.2000.
2 Commencement
This Regulation commences on 1 September 1995.
3 Definitions
(1) In this Regulation:the Act means the Water Management Act 2000.(2) (Repealed)cll 3: Am 22.12.2000.
3A Continuity of existing bodies
Each private drainage board is a continuation of, and the same legal entity as, the drainage union from which it has arisen.cll 3A: Ins 22.12.2000.
3B Continuation of certain sections of Drainage Act 1939
(1) Despite the repeal of the Drainage Act 1939, sections 30 and 31 of that Act apply to and in respect of a private drainage board in the same way as they formerly applied to and in respect of the board of directors of a union under that Act.(2) In the sections of the Drainage Act 1939 referred to in subclause (1):(a) any reference to regulations is taken to be a reference to this Regulation, and(b) any reference to a prescribed matter is taken to be a reference to a matter prescribed by this Regulation.(3) This clause ceases to have effect on 1 September 2001.cll 3B: Ins 22.12.2000.
Part 2 Valuations and rating
4–7 (Repealed)
cll 4–7: Rep 22.12.2000.
8 Rate book
(1) A rate book must contain the particulars listed in Schedule 2.(2) For the purposes of section 209 (2) of the Act (alterations or amendments in rate book), any particular relating to a rate may be altered.(3) For the purposes of section 209 (4) of the Act, an alteration or amendment in a rate book is to be made, signed and dated by the Board’s Secretary and countersigned by the Chairperson.cl 8: Am 22.12.2000.
9 Rate notices
Rate notices must be in a form approved by the Ministerial Corporation.
Part 3 Administration and accounts
10 Duties of Secretary
(1) A Board’s Secretary (subject to any direction given by the Board or Chairperson) is to exercise general control over all other Board employees.(2) A Board’s Secretary, under the direction of the Chairperson:(a) must see that the Board’s accounts are kept and presented for audit in accordance with the Act and this Regulation, and(b) must keep accurate and permanent records of all assets purchased or sold by, or in possession of, the Board, and(c) must take minutes of the Board’s meetings, and of general meetings of ratepayers, and record them in a minute book, and(d) has charge of the Board’s records and is responsible for their recording, filing and safekeeping, and(e) has custody of the Board’s seal.
11 Keeping of books and accounts
The books and accounts to be kept by a Board are proper books and accounts which show full, true and regular accountings of all money received and paid by the Board and the purposes for which money has been received or paid.
12 Qualifications of auditor
The auditor of a Board’s accounts must be a registered company auditor within the meaning of the Corporations Act 2001 of the Commonwealth.cl 12: Am 2001 No 34, Sch 5.28.
13 Duties of auditor
A Board’s auditor must:(a) audit the Board’s accounts at the end of each financial year, and(b) furnish a report to the Board as to the correctness or otherwise of the accounts, and(c) complete a certificate verifying the accuracy of the annual financial statements.
14, 15 (Repealed)
cll 14: Rep 22.12.2000.
cll 15: Rep 22.12.2000.
16 Register of loans
Full particulars of all loans raised by a Board must be recorded by the Board in a register kept for the purpose.
17 Banking
Money received by a Board must be paid into a bank, building society or credit union account in the name of the Board.
18 Writing off of debts
(1) A rate or other debt due to a Board may be written off on a resolution of the Board.(2) A rate or debt must not be written off unless the Board’s auditor has certified that all practical means have failed to collect or recover it.(3) The resolution must specify the reason for the writing off.(4) A record of the resolution must be entered in the rate book.
Part 4 Miscellaneous
19 (Repealed)
cll 19: Rep 22.12.2000.
20 Quorum for a Board
The number of directors which constitute a quorum for a Board is:(a) if the Board consists of 3 directors—2, or(b) if the Board consists of 4 or 5 directors—3, or(c) if the Board consists of 6 or 7 directors—4.cl 20: Am 22.12.2000.
21 Repeal
(1) The Drainage Regulations 1939 are repealed.(2) Any act, matter or thing that, immediately before that repeal, had effect under a provision of the repealed Regulations is taken to have effect under the corresponding provision of this Regulation or the Drainage (Elections) Regulation 1995.
Schedule 1 (Repealed)
sch 1: Rep 22.12.2000.
Schedule 2 Particulars to be inserted in rate book
(Clause 8)
Assessment number | Additional charges for current year |
Name of ratepayer | Payment received |
Increased value | Receipt number |
Rate on the increased value | Date of payment |
Current rates | Arrears of rates carried forward |
Arrears | Total |
Total due |