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Contents (2018 - 480)
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Water Management (General) Regulation 2018
Current version for 7 February 2020 to date (accessed 5 April 2020 at 18:10)
Part 7
Part 7 Private water trusts
Division 1 Constitution and procedure
101   Meetings of members of a private water trust
(1)  Ordinary meetings of members of a private water trust are to be held at any time that the members from time to time determine.
(2)  The chairperson of a private water trust, or a majority of the members of a private water trust, may at any time call a special meeting of members of a private water trust.
(3)  Seven days notice of an ordinary meeting, and reasonable notice of a special meeting, must be given in writing to each member of a private water trust.
(4)  No business, other than the business stated in the notice of the meeting, is to be transacted at the special meeting.
102   Special general meetings
For the purposes of sections 224(2), 225(2) and 226 of the Act, the prescribed manner of giving notice is—
(a)  by personal delivery, or
(b)  by post, or
(c)  by email or other electronic communication.
103   Quorum
The quorum for a meeting of a private water trust is as follows—
(a)  if the trust comprises 3 members—2 members,
(b)  if the trust comprises 5 members—3 members.
104   Chairperson
(1)  The chairperson is to preside at a meeting of members of a private water trust.
(2)  If the chairperson is not present, the members of a private water trust then present are to appoint one of their number to act as chairperson.
105   Voting
(1)  Any question arising at a meeting of members of a private water trust is to be decided by a majority of votes of the members present.
(2)  In the case of an equality of votes the chairperson has a casting vote.
106   Minutes
(1)  The members of a private water trust must cause minutes of the proceedings of each meeting to be kept.
(2)  The minute books are to be open for inspection by the members of a private water trust and any ratepayer within the water supply district at any reasonable time.
107   Special general meetings of voters
(1)  The chairperson is to preside at a special general meeting of voters.
(2)  In the absence of the chairperson an appointed member of the private water trust may preside at the meeting or, if there is no appointed member of the private water trust present, an elected member of the private water trust selected by the members of the private water trust present may preside.
Division 2 Finance
108   Rate book
(1)  On fixing rates under section 232 of the Act on land in a water supply district, the members of a private water trust must enter the rates in a rate book.
(2)  The rate book is to be kept in a form approved by the Ministerial Corporation.
109   Correction of rate book
(1)  Any necessary corrections of the rate book must be made at a meeting of the members of a private water trust and be signed and dated by the chairperson.
(2)  A correction affecting the amount of a rate must not be made after notice of the amount has been given to the person liable (except in the case of a correction arising from an appeal).
110   Payment of rates
(1)  Rates are payable by instalments if the members of a private water trust so decide.
(2)  A rate or an instalment of a rate is not recoverable until 30 days after notice of the amount due has been served on the ratepayer at the ratepayer’s last known or usual address.
111   Appeals
(1)  An appeal by a landholder under section 232(6) of the Act against the amount at which the landholder is rated must be lodged within 21 days after notice of the amount has been given to the landholder.
(2)  Notice of the appeal, in a form approved by the Ministerial Corporation, must be given to the Local Court and to the secretary of the private water trust.
Division 3 Miscellaneous
112   Members of a private water trust’s accounts
(1)  Money received by members of a private water trust in the operation of a private water trust must be paid into an authorised deposit-taking institution to the credit of an account in the name of the members of the private water trust.
(2)  All expenses incurred by members of a private water trust in the discharge of duties imposed on them by the Act are payable out of the funds at the disposal of the members of the private water trust under the Act.