Membership and Proceedings of Trusts
Schedule 3 Membership and Proceedings of Trusts
Section 207
Part 1 Membership
1. Retirement of trustees
A trustee appointed by a Minister under section 211(2)(b) or (c) holds office during the Minister’s pleasure.
Unless the Minister by instrument in writing determines otherwise, trustees are to retire as prescribed by the regulations.
However, in any case where from any cause an election is delayed, the retiring trustees are to hold office until the election of their successors.
2. Vacation of office The office of a trustee becomes vacant if the trustee –
dies; or
becomes bankrupt; or
resigns his or her office in writing addressed to the trust and the resignation is accepted by the trust; or
accepts an office of profit under the trust; or
is absent without leave of the trust from 3 consecutive meetings of the trust of which he or she had due notice; or
is convicted in Tasmania of an offence which is punishable by imprisonment for a term of 12 months or more, or if the trustee is convicted elsewhere than in Tasmania of an offence which, if committed in Tasmania, would be so punishable.
Part 2 Proceedings
1. Interpretation of Part In this Part –
board means the board of trustees of a trust;
concerned water entity, in relation to a trust, means a water entity that administers a water supply district and has a right under this Act or the special Act to take water for domestic purposes from a watercourse over which the trust exercises any responsibility;
meeting means a meeting of a board;
special Act has the same meaning as in section 190.
board means the board of trustees of a trust;
board
concerned water entity
, in relation to a trust, means a water entity that administers a water supply district and has a right under this Act or the special Act to take water for domestic purposes from a watercourse over which the trust exercises any responsibility;
concerned water entity
meeting means a meeting of a board;
meeting
special Act has the same meaning as in section 190.
special Act
2. Convening meetings A meeting may be convened by the chairperson or any 2 trustees.
3. Quorum A quorum is a majority of the trustees.
4. Chairing of meetings
The chairperson is to preside at all meetings at which he or she is present.
If the chairperson is not present at a meeting, the deputy chairperson is to preside at that meeting if he or she is present.
If the chairperson and deputy chairperson are both absent from a meeting, the trustees present are to elect one of their number to preside at the meeting.
5. Procedure at meetings
Any duly convened meeting at which a quorum is present is competent to transact any trust business.
In a meeting a trustee may vote –
in person; or
by proxy.
Each trustee, including the chairperson and deputy chairperson, has only one vote.
A question arising at a meeting is to be determined by a majority of the votes cast.
In the event of an equality of votes on a question arising at a meeting, the question stands adjourned until the next meeting.
6. Proxies
A trustee is not entitled to use a proxy for more than 2 consecutive meetings without leave of the board.
A vote that a trustee casts by proxy is as valid as if it were cast by the member in person.
7. Trustee with pecuniary interest not to vote A trustee must not vote on any question arising before the trust in which he or she has any direct or indirect pecuniary interest otherwise than as –
Fine not exceeding 5 penalty units.
an owner or occupier of land in the relevant area; or
the holder of a right under this Act or the special Act to take water from a relevant water resource.
Fine not exceeding 5 penalty units.
8. Minutes
A board is to keep accurate minutes of each of its meetings; and
A concerned water entity is entitled to inspect the minutes at any reasonable time.
9. Special attendance
A board may permit a trustee to participate in a particular meeting by –
telephone; or
television conference; or
another means of communication approved by the trust.
A trustee who participates in a meeting under a permission granted under this clause is taken to be present at the meeting.
A board may permit a person to attend a meeting for the purpose of advising or informing it on any matter.
10. Attendance of other water entities at meetings Unless the Minister directs a trust otherwise, the representatives of any concerned water entity may attend a meeting.
11. General procedure Except as provided by this Act or the regulations, a board may regulate its own proceedings.
This provision refers to the regulations (prescribed by the regulations
, the regulations
). Made under this Act:
- Water Management (Dam Works Exemption) Order 2005 · Regulation · under section 137(2)
- Water Management (Dam Works Exemption) Order 2007 · Regulation · under section 137(2)
- Water Management (Dam Works Exemption) Order 2015 · Regulation · under section 140(1)
10 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory notesSecond reading speech
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