Community Improvement Districts Regulation 2025

This regulation is the Community Improvement Districts Regulation 2025.

This regulation commences on the day on which the Community Improvement Districts Act 2025, Schedule 3 commences.

In this regulation—

ballot manager—see section 12(1).

committee, for Part 6—see section 37.

committee member, for Part 6—see section 37.

electoral services provider means a person, other than the New South Wales Electoral Commissioner, with whom the Authority enters into an agreement or other arrangement under the Act, section 12(2) for the person to conduct a CID proposal ballot on the Authority’s behalf.

financial year, for Part 6—see section 37.

personal information has the same meaning as in the Privacy and Personal Information Protection Act 1998.

returning officer means a returning officer appointed under section 12(1)(a).

the Act means the Community Improvement Districts Act 2025.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

A CID proponent must include in a CID proposal made to the Authority the following information about the expected budget of the proposed CID entity—

projected expenditures, including expenditures for the proposed services, activities and projects and related operations and for staffing and communications,

projected revenue from the proposed levy,

projected revenue sources, other than the proposed levy, including corporate sponsorships, advertising or media sources, merchandising or the provision of co-working spaces, if applicable,

an analysis of whether the proposed levy and additional projected revenue sources would be sufficient to fund the proposed services, activities and projects,

a contingency plan for unexpected expenses or reductions in revenue.

A CID proponent must include in a CID proposal made to the Authority the following information about the proposed CID entity—

the name or proposed name of the entity,

whether the CID proponent is an incorporated association,

the name and contact details for the primary contact person for the CID proponent,

a description of the organisational structure or proposed organisational structure of the entity, including the roles and responsibilities of committee members, other than roles and responsibilities of committee members set out in the Associations Incorporation Act 2009,

a summary of the history of the establishment of the entity.

A CID proponent must include in a CID proposal made to the Authority a precise description of the proposed boundaries of the CID, including the streets, roads and landmarks marking the boundaries.

A CID proponent must consult with the following about the CID proponent’s plan to make a CID proposal—

Aboriginal and Torres Strait Islander representative community organisations or groups, including, if applicable—

the Local Aboriginal Land Council, and

the registered native title body corporate for the CID, and

Aboriginal and Torres Strait Islander community-controlled organisations operating in the CID,

culturally and linguistically diverse communities within the CID,

persons who are likely to be users of the services, or participants in the activities or projects, proposed to be undertaken in the CID, including, if applicable—

persons who work or volunteer in the CID, and

students who study or participate in student work experience in the CID, and

visitors to the CID.

The CID proponent must consult with persons referred to in subsection (1)(c) to the extent reasonably practicable.

In this section—

Local Aboriginal Land Council has the same meaning as in the Aboriginal Land Rights Act 1983.

registered native title body corporate has the same meaning as in the Native Title Act 1993 of the Commonwealth.

A CID proposal consultation report must include the following information—

a description of the persons, organisations and groups consulted,

a description of the consultation activities undertaken,

the steps taken to ensure the views of culturally and linguistically diverse communities in the CID are understood and considered,

a summary of the views of the persons, organisations and groups consulted, including in relation to the following—

the need for the proposed services, activities and projects,

whether the persons, organisations and groups support the CID proposal,

any concerns raised in relation to the CID proposal and how the concerns have been or will be addressed,

a summary of the consultation results and findings.

The Authority must publish a CID proposal consultation report prepared by a CID proponent on the Authority’s website within 30 days after the CID proposal is accepted or rejected under the Act, section 11.

The Authority may modify the consultation report, before publication, to remove information that is personal information.

Subject to section 24, only business land owners and CID businesses listed on the approved roll for a CID proposal ballot may vote in the ballot.

A CID proposal ballot must be a secret ballot conducted by postal voting.

Voting in a CID proposal ballot is not compulsory.

The Authority must, as soon as practicable after accepting a CID proposal—

make arrangements to conduct the CID proposal ballot, or

enter into an agreement or other arrangement for one of the following to conduct the CID proposal ballot on the Authority’s behalf—

the New South Wales Electoral Commissioner,

an electoral services provider.

The person conducting a CID proposal ballot (the ballot manager) must appoint—

a returning officer, and

a substitute returning officer.

The returning officer must administer the ballot under the direction of the ballot manager.

The substitute returning officer must exercise the functions of the returning officer in the absence of the returning officer.

The returning officer may appoint one or more electoral officials.

The following persons must not be appointed as a returning officer, substitute returning officer or electoral official—

a member of parliament of a State or the Commonwealth,

a mayor or councillor of a local council,

an officer, employee or agent of a local council,

for a returning officer appointed by an electoral services provider—an employee of a government sector agency or the Government of the Commonwealth,

a member of the proposed CID entity or a person who is eligible for membership in the entity.

The ballot manager must determine matters relating to the conduct of the ballot that are not provided for by the Act or this regulation.

The ballot manager, the returning officer and the substitute returning officer must not vote at a ballot conducted under this section.