Water Management Act 2000 No 92
Historical version for 1 January 2006 to 16 March 2006 (accessed 22 December 2014 at 10:56) Current version
Chapter 4Part 2Division 3

Division 3 Private irrigation boards

148   Private irrigation boards

(1)  For each private irrigation district there is to be a board of management.
(2)  Each board is a corporation under the corporate name assigned to it by the proclamation by which its private irrigation district is constituted.
(3)  A board is to consist of such number of members, being not less than 3 nor more than 10:
(a)  in the case of the first board elected for a private irrigation district, as may be determined by the Minister, and
(b)  in the case of any subsequent board elected for a private irrigation district, as may be determined before the election by the board for that private irrigation district.
(4)  The regulations may make provision for or with respect to:
(a)  the conduct of elections for the members of a board, and
(b)  other matters concerning the constitution and procedure of a board.

149   Election of members of private irrigation boards

(1)  An election of the members of a private irrigation board must be held on the day and at the time fixed by the proclamation by which it is constituted and thereafter:
(a)  if the third anniversary of the declaration of the poll for the previous election of members of that board is a Saturday, on that Saturday, or
(b)  in any other case, on the Saturday preceding or following the third anniversary of the declaration of the poll for the previous election of members of that board.
(2)  A corporation that is a member of a private irrigation board must authorise an individual to represent it as a member of the board.
(3)  Subject to this Division, the members of a private irrigation board hold office until the date of the declaration of the poll for the next election.

149A   Filling of casual vacancies

The Governor may, by proclamation in the Gazette, appoint a person (being eligible for election) to fill any casual vacancy in the membership of a private irrigation board and to hold office until the date of declaration of the poll for the next election to be held for the board under section 149.

150   Removal of members of private irrigation board from office and appointment of administrator

(1)  The Governor may, by proclamation in the Gazette, remove all the members of a private irrigation board from office:
(a)  if there are not sufficient members of the board to form a quorum, or
(b)  if, in the opinion of the Governor, the board has failed or neglected to make or levy rates or charges required by this Part, or otherwise to exercise its functions under this Part.
(2)  (Repealed)
(3)  If the Governor has removed the members of a private irrigation board from office, the Governor may, in the proclamation removing the members from office or in a subsequent proclamation in the Gazette, appoint an administrator for the board.
(4)  An administrator so appointed has and may exercise all of the functions of a private irrigation board and is entitled to be paid, out of the funds of the board, such remuneration as the Governor may determine.
(5)  If the members of a private irrigation board have been removed from office, the Minister may, and if the board’s term of office has more than 12 months to run, must, by notice in the Gazette, order that an election of members be held on a day specified in the order.
(6)  The day so specified must be a day not more than 6 months after the date of removal of the members from office and not less than 4 weeks after the date on which the notification is published in the Gazette.
(7)  Any member elected at an election held under this section is to hold office until the time when the terms of office of the members of a private irrigation board who have been removed from office would but for their removal have expired and no longer, but is eligible for re-election if otherwise qualified.
(8)  On sufficient members of a private irrigation board, by election or appointment under this section, taking office to form a quorum, the functions of the administrator cease.
(9)  If the members of a private irrigation board have been removed from office because of the board’s failure or neglect as referred to in subsection (1) (b), each of those members is ineligible for election at an election ordered under this section or, if no such election is ordered, at the next election of members of the board, unless the Minister is satisfied that the failure or neglect took place without the member’s knowledge or consent and, by instrument in writing, declares that the member is eligible for election at any such election.

151   Abolition of private irrigation districts

The Governor may, by proclamation published in the Gazette, abolish any private irrigation district for which a private irrigation board has not been elected.

152   Winding-up of private irrigation boards

(1)  If the Governor:
(a)  is of the opinion that a private irrigation board has ceased to function satisfactorily, or
(b)  is satisfied that a private irrigation board has made a request to the Minister that it be wound up,
the Governor may order that the board be wound up.
(2)  An order under subsection (1) must be published in the Gazette and must appoint a liquidator for the private irrigation board.
(3)  A winding up of a private irrigation board under this section commences on the publication of the order in the Gazette.
(4)  The regulations may make provision for or with respect to the winding up of a private irrigation board and for the disposal of any residual assets of the board.
(5)  If the Governor is satisfied that the winding up of a private irrigation board has been completed under this section, the Governor may, by proclamation published in the Gazette, abolish the board.

153   Employees

(1)  Each private irrigation board may from time to time employ such persons as may be necessary to assist it in the exercise of its functions.
(2)  A person who has ceased to be a member of a private irrigation board is not eligible to be employed by the board until 6 months have elapsed after the person’s so ceasing to be a member.
(3)  All employees of a private irrigation board are subject to the control and governance of the board and to the provisions of any by-laws made by the board in that behalf.
(4)  A private irrigation board may fix wages and conditions of employment of its employees if they are not fixed in accordance with the provisions of any other Act.
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