(1) The powers, authorities, duties, and functions of each union and trust shall be vested in and may be exercised and performed by a board of directors.(2) The board of a union shall consist of not less than three nor more than seven directors.(3) The board of a trust shall consist of three directors.
(1) Each board shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name and shall for the purposes and subject to the provisions of this Act be capable of purchasing, holding, granting, demising, disposing of and alienating real and personal property, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer:Provided that in the case of real property the powers of the board of a trust shall not be exercised unless the consent of the Ministerial Corporation is first obtained.
(2) The corporate name of a board shall be “the Board of Directors of the Drainage Union (or Trust)”.(3) No act or proceeding of the board shall be invalidated or prejudiced by reason only of the fact that at the time when such act or proceeding was done, taken or commenced there was a vacancy in the office of any member.
15 Appointment and election of directors
(1) The Ministerial Corporation shall appoint one director of each trust.(2) Where any Crown lands are included in the district of any union, the Ministerial Corporation may appoint one director of such union.(3) Any directors appointed under subsection (1) or subsection (2) are in this Act referred to as “appointed directors”.(4) The remaining directors of any trust or of any union of which the Ministerial Corporation has appointed a director, and all the directors of any other union shall be elected in the manner prescribed by the persons whose names are on the roll of voters of such trust or union.(5) Any directors so elected are in this Act referred to as “elected directors”.
(1) Unless disqualified by this Act, every person whose name is on the roll of voters compiled under this Act shall be qualified for office as an elected director.(2) A person shall be disqualified for office as an elected director if:(a) the person is not qualified or is disqualified to be a voter, or(b) the person has not before nomination paid all moneys in excess of the sum of fifty cents that were at any time before the end of the month preceding that in which nomination day falls, due by the person to the board, or(c) the person is convicted in New South Wales of a serious indictable offence or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be a serious indictable offence, or(d) the person converts to his or her own use any property of the board.
17 Tenure of office of directors
(1) Elected directors shall, subject to the provisions of this Act, hold office until their successors are elected, and shall be eligible for re-election.(2) An extraordinary vacancy in the office of an elected director shall, subject to the provisions of this Act, be filled by the election of a director in the manner prescribed.The director so elected shall, subject to the provisions of this Act, hold office for the balance of the predecessor’s term of office.
(3) An appointed director shall hold office until death or resignation or until removed by the Ministerial Corporation.
The office of an elected director shall:(a) commence on the day of election,(b) become vacant on the election of the director’s successor or on the occurrence of an extraordinary vacancy.
19 Oath and declaration of office
(1) Before acting in office as a director, a person elected or appointed thereto shall before a justice of the peace (to whom it shall not be necessary to issue a writ of dedimus potestatem) take and subscribe and transmit to the secretary an oath of allegiance to His Majesty and make and subscribe and transmit to the secretary the following declaration of office:“I, having been elected (or appointed) a director of the Drainage Union (or Trust) do hereby declare that I will duly and faithfully fulfil the duties of the office according to the best of my judgment and ability.”
(2) Any neglect to transmit such oath and declaration to the secretary within one month after election or appointment shall be deemed a refusal to accept office, and to cause an extraordinary vacancy.
An extraordinary vacancy in the office of an elected director shall occur if such director:(a) dies, or(b) resigns the office by notice in writing addressed to the secretary, or(c) is disqualified for the office, or(d) ceases for any reason to hold office before the day appointed for an ordinary election.
(1) If any elected director does not attend at least one half the meetings of the board held during any year the director shall at the end of such year cease to hold office, but shall be eligible for re-election if not otherwise disqualified.(2) This section shall not apply to any absence caused by illness or other sufficient cause if:(a) such illness or other sufficient cause is duly set out in apologies received at the meetings from which the director was absent, and if such apologies are accepted by resolution of the board, or(b) the period of absence so caused is covered by leave of absence granted by the board before or after the absence, and before the end of the year, and the resolution granting such leave sets out the cause thereof.(3) Where any such director was not in office at the commencement of the year any meetings held before his or her entry into office shall not in his or her case be counted in determining the number of meetings held during the year.
(1) Business shall not be transacted at any meeting of the board unless a quorum is present.(2) The regulations may prescribe either generally or in respect of any particular board, or class of board, the number of directors which shall constitute a quorum.
(1)(a) For the purposes of:(i) the first election of directors after the commencement of this Act,(ii) the first election of directors after a union has been constituted or is deemed to have been constituted, and(iii) the first election after the Ministerial Corporation has directed an election of directors in accordance with section 37,the Ministerial Corporation shall appoint a returning officer.(b) Subject to paragraph (a) the returning officer shall be appointed by the board.(2) A director or a candidate for the office of director shall not be eligible for such appointment.(3) The duties of a returning officer shall be as prescribed.
(1) Elections of directors shall, except as provided in this section, take place on the days appointed therefor respectively.(2) If it appears to the Ministerial Corporation to be impracticable or inconvenient to hold an election on the day appointed, the Ministerial Corporation may appoint a subsequent day, not being more than one month thereafter.(3) Where the time for the holding of a triennial ordinary election of directors is postponed in any district the election of chairperson of the board shall be postponed and shall be held at the first meeting of the board after the day of election of directors, and in such case the chairperson in office immediately before the election of directors may, if he or she is an appointed director, or if, being an elected director, he or she is re-elected as a director, act as chairperson until his or her successor is elected.(4) In the case of an extraordinary vacancy occurring within the last six months of any board’s term of office, the Ministerial Corporation may order that an election shall not be held; but notwithstanding any such order the Ministerial Corporation may subsequently authorise the holding of an election to fill the vacancy, and appoint a day therefor.
25 Appointed days for elections
The appointed day for an election of directors shall be:(a) for the first election in accordance with this Act—the second day of February, one thousand nine hundred and forty,(b) for ordinary elections after the year one thousand nine hundred and thirty-nine—the last Friday in November, one thousand nine hundred and forty-two and the corresponding Friday in every third year thereafter,(c) for the first election after a union has been constituted, or is deemed to have been constituted by the operation of section 7 or section 58 or for the first election after the Ministerial Corporation has directed an election of directors in accordance with section 37—a Friday to be notified by the Ministerial Corporation: Provided that the next succeeding election shall be held on the day appointed for ordinary elections under paragraph (b),(d) for elections to fill extraordinary vacancies—a Friday fixed and advertised by the returning officer being within one month after the occurrence of such vacancy.
(1) No election under this Act shall be invalid by reason only of any of the following irregularities, that is to say:(a) any formal defect or error in or relating to the election, if the election was held substantially in accordance with this Act, or(b) any defect or want of title of any person who acted as returning officer.(2) If the Governor proclaims that any such irregularity does not invalidate the election, the proclamation shall be conclusive as to the matter stated therein.
(1) If an election under this Act does not take place on a day appointed therefor or is afterwards declared void for any reason, the board shall not thereby be deemed to be dissolved or to be disabled from taking any necessary steps for the election of directors in the future.(2) In any such case the election shall be held as in the case of an extraordinary vacancy, and every act necessary to be done for completing the election shall be as valid as if the election were held upon the day or within the time originally appointed for that purpose.
At an election of directors or at a general meeting, a person whose name is on the roll of voters shall be entitled to exercise votes according to the area of land which the person holds within the district, that is to say:(a) not exceeding 20 hectares, one vote,(b) exceeding 20 hectares but not exceeding 120 hectares, two votes,(c) exceeding 120 hectares, three votes.Where the Crown is on the roll of voters the votes may be exercised by some officer of the Public Service authorised in writing by the Ministerial Corporation.
(1) Where an election of a director or a general meeting is to be held the returning officer shall prepare a roll of voters in the manner and within the time prescribed.(2) The roll shall include the names and descriptions of all owners within the district, including the Crown and the lessees of the Crown, the area of land held by each, and the number of votes to which each is entitled.(3) Any Magistrate shall constitute a revision court.(4) A revision court shall hear claims and objections and revise the roll of voters as prescribed.(5) A revision court shall, for the purposes of this Act, have the powers of a Local Court, and the appointment and procedure of such revision court shall be as prescribed.
(1) Each board shall at the first meeting held after an ordinary election of directors elect one of its members to be the chairperson.(2) The chairperson shall hold office for one year, and shall be eligible for re-election.
(1) Every board shall appoint and employ a secretary and an auditor, and on the occurrence of a vacancy shall, within three months thereafter, appoint and employ a secretary or auditor to fill such vacancy.(2) The duties of a secretary and of an auditor shall be as prescribed.(3) The secretary may be required to give security for due performance of his or her duties.
32 Powers and duties of boards etc
(1) A board shall have the following powers and duties:(a) it shall maintain in a state of efficiency the works under its charge, and renew such works where necessary,(b) it may construct, alter, or extend any works in accordance with any authority and consent given under this Act,(c) it shall make, levy and collect rates,(d) it shall pay to the Colonial Treasurer any amounts due,(e) it may appoint such officers and servants as may be required,(f) it shall institute where necessary legal proceedings for the recovery of outstanding rates or other amounts,(g) it shall keep the prescribed books and accounts,(h) generally it shall manage the affairs of the union or trust and do such acts as may be necessary or desirable for carrying out the purposes of this Act.(2) The construction of works outside a district shall not be commenced until the consent of the Ministerial Corporation has been obtained.(3) The provisions of Part 2 of the Water Act 1912–1936 relating to licences and permits shall not apply and shall be deemed never to have applied to or in respect of the works of any union or trust constructed before the commencement of this Act.(4) No works affecting any navigable waters shall be commenced without the sanction of the Governor.In this section the expression navigable waters has the meaning given to that expression in Part 8 of the Navigation Act 1901–1935.
(1) A board or any person authorised by it may enter any land within or outside its district for the purpose of making inspections or surveys, constructing, maintaining and effecting extensions and alterations to the works, and for any other purpose in the exercise of its powers and duties, notwithstanding that no easement or right to enter or use such land may have been granted or acquired.(2) The board shall make full compensation for damage occasioned to any land in the exercise of its powers and duties under this Act.Any claim for compensation shall be lodged with the board not later than six months after the date upon which the owner of the land becomes aware that such damage was occasioned.
Failing agreement as to the amount of compensation to be paid, the board or any person interested in the subject-matter of any claim for compensation may refer the claim to the local land board which shall consider such claim.
The decision of the local land board shall be final.
(3) For the purposes of this section land includes street or road.
The board shall carry out such extensions of works as are authorised by a majority of votes cast at a general meeting:Provided that in the case of a trust, the consent of the Ministerial Corporation shall be obtained before the extensions are commenced.
(1) The boundaries of a district may from time to time, on application by the board, be amended by the Governor.(2) Any such application shall contain particulars of the lands proposed to be added to or excised from the district, and which have or are capable of being increased in value or which have decreased in value respectively by reason of the operations of the board.(3) The Ministerial Corporation shall cause notices of any such application to be published in a newspaper circulating in the locality.(4) The notice shall:(a) give particulars of the lands proposed to be added to or excised from the district,(b) appoint a time (not being earlier than eight weeks after the date of publication of the notice) and place at which objections may be lodged.(5) After expiration of the appointed time and upon consideration of any objection lodged the Ministerial Corporation may recommend and the Governor may approve an application with such modification, if any, as the Ministerial Corporation, upon investigation, may recommend.(6) The approval of the Governor, and particulars of the alterations made in the boundaries of the district, shall be notified by the Ministerial Corporation in the Gazette.As from the date of publication of such notification the boundaries of the district shall be deemed to be altered accordingly.
(7) This section shall apply to trusts and to unions constituted either before or after the commencement of this Act, but shall not authorise an amendment of the boundaries of the district of a trust so as to exclude from such district any ratable land.
(1) A person authorised by the Ministerial Corporation may at any time enter a trust district and:(a) inspect or survey the works, and(b) inspect the records and accounts of the board.(2) If, as a result of an inspection, the Ministerial Corporation is satisfied that the works are not kept in repair and efficient working order, the Ministerial Corporation may cause to be made such repairs or renewals as the Ministerial Corporation considers to be necessary.(3) For the purposes of subsection (2), the Ministerial Corporation has the powers of the board and the cost of any repairs or renewals made shall be repaid as prescribed.
37 Ministerial Corporation’s power to remove directors of a trust
(1) In the event of any delay in the election of directors of a trust, or in the event of any default by a director or the board of a trust in the discharge of the director’s or the board’s duties under this Act or any regulation made hereunder, or of the voters failing to elect the required number of directors, the Ministerial Corporation may by notification published in the Gazette remove a director or the board, if any, from office and either:(a) direct the election of another director or another board, or(b) appoint a manager of the affairs of the trust and vest in the manager all the powers, authorities, duties, and functions by this Act conferred or imposed on the board:Provided that the Ministerial Corporation may at any time after the appointment of a manager appoint a director and direct the election of the remaining directors, and upon such appointment and election all such powers, authorities, duties, and functions shall be re-vested in and re-imposed upon the board.
(2) Where an elected director has been removed from office under this section he or she shall not be eligible for re-election unless the Ministerial Corporation shall otherwise direct.