AustLII Tasmanian Numbered Regulations

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WATER MANAGEMENT (ELECTORAL AND POLLING) REGULATIONS 2019 (S.R. 2019, NO. 1) - REG 15

Persons eligible to participate in ballots

(1)  In an election for a trust established to administer a water district for which irrigation rights have been issued –
(a) each person holding an irrigation right is eligible to vote in the election; and
(b) if a person holds more than one irrigation right, the person may exercise a separate vote in respect of each of those irrigation rights –
but –
(c) in the case of a corporation, its voting rights must be exercised entirely through one adult nominated by the corporation; and
(d) in the case of irrigation rights held by persons in common (on whatever basis), those persons are only entitled to a single vote in respect of each of those irrigation rights and their voting rights must be exercised entirely through one adult whom they have jointly nominated.
(2)  In an election for a trust established to administer a water district for which irrigation rights have not been or are not to be issued, each person owning land in the water district is eligible to vote in the election but –
(a) in the case of a corporation, its voting right must be exercised entirely through one adult nominated by the corporation; and
(b) in the case of land owned by persons in common (on whatever basis), the voting right in respect of that land must be exercised through one adult whom those persons have jointly nominated.
(3)  In an election for a trust established to administer a water management plan, a person is eligible to vote in the election if the person –
(a) holds a licence to take water from a water resource to which the plan relates; or
(b) has, as an occupier of a tenement to which section 48 of the Act applies, a right to take water from a water resource to which the plan relates –
but –
(c) in the case of a corporation, its voting right must be exercised through one adult nominated by the corporation; and
(d) in the case of a licence or tenement held or occupied by persons in common (on whatever basis), the voting right in respect of the licence or tenement must be exercised through one adult whom those persons have jointly nominated.
(4)  A natural person may exercise his or her voting right under subregulation (1) , (2) or (3) through one adult nominated by that natural person but, if such a nomination is made in an election in which the natural person has and is exercising more than one voting right, all of those voting rights must be exercised through the same nominee.
(5)  An adult nominated under subregulation (4) must be someone who, in the relevant election –
(a) is not eligible to exercise a vote in his or her own right; and
(b) is not exercising a voting right on behalf of a corporation.
(6)  To avoid doubt, for the purposes of this regulation –
(a) the adult nominee of a corporation may be an officer or member of the corporation; and
(b) the adult nominee of a group of natural persons may be a member of the group.



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