South Australian Consolidated Acts

GROUND WATER (QUALCO-SUNLANDS) CONTROL ACT 2000 - SECT 9

9—Procedure at meetings of Trust

        (1)         The presiding officer will preside at meetings of the Trust or, in his or her absence, the deputy presiding officer will preside or, in the absence of both of them, a member chosen by the members present will preside.

        (2)         Members at a meeting of the Trust form a quorum if—

            (a)         their number is equal to or greater than one third of the number of members of the Trust; and

            (b)         the aggregate of the waterlogging and salinity risk management allocations attached to the land owned by those members is at least one third of the aggregate of all risk management allocations attached to land in the Scheme Area.

        (3)         The following provisions apply when determining whether a quorum is present at a meeting—

            (a)         if one third of the number of members of the Trust include a fraction, the fraction will be ignored; and

            (b)         two or more persons who are members of the Trust in respect of the same irrigated property will be counted as one member of the Trust; and

            (c)         a non-member who has been nominated to represent a member at the meeting will be counted (but if the non-member is representing two or more members, he or she will only be counted once).

        (4)         Subject to this Act, a resolution will be carried if—

            (a)         the number of votes supporting it exceeds the number of the votes against it; and

            (b)         the value of the votes supporting the resolution exceeds the value of the votes against it,

(if the number or value of the votes are equal under paragraph (a) or (b), the deadlock in each case will be resolved by the casting vote of the person presiding at the meeting).

        (5)         A resolution of the Trust to make a recommendation to the Governor to vary the regulations that determine the shares in which members contribute to the cost of the Scheme can only be carried if—

            (a)         twenty one days notice of the proposed resolution has been given to the members; and

            (b)         the number of votes supporting the resolution exceeds one half of the number of members who are entitled to attend and vote on the resolution; and

            (c)         the value of the votes supporting the resolution exceeds one half of the total value of the votes that could be cast at the meeting if all members of the Trust had attended and voted on the resolution.

        (6)         Twenty one days notice must be given of a resolution that varies or revokes a decision made by resolution of the Trust within the preceding 12 months.

        (7)         Subject to this Act, the Trust may determine its own procedures.

        (8)         The Trust must keep minutes of its proceedings.