{"id":"nsw:sl-1989-0492","name":"Moira Board of Management (General) By-law 1989","slug":"moira-board-of-management-general-by-law-1989","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"492 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":180780,"registerId":"nsw-nsw:sl-1989-0492-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of By-law","content":"#### 1 Name of By-law\n\n1 Name of By-law\n\n> This By-law may be cited as the [Moira Board of Management (General) By-law 1989](/view/html/inforce/current/sl-1989-0492).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this By-law:\n> \n> Board means the Board of Management for the District.\n> \n> District means the Moira Provisional Private Domestic and Stock Water Supply and Irrigation District as constituted by proclamation published in Gazette No 126 of 31 July 1987.\n> \n> the Act means the Private Irrigation Districts Act 1973.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Annual general meeting of owners","content":"#### 3 Annual general meeting of owners\n\n3 Annual general meeting of owners\n\n> > (1) The Chairman of the Board may convene an annual general meeting of owners, to be held once in every calendar year:\n> > \n> > > (a) in the August of that year, or\n> > \n> > > (b) at such other time, not being more than 15 months after the holding of the last preceding annual general meeting, as the Board may direct.\n> \n> > (2) At each annual general meeting of owners, the Board shall present its audited books of account to members.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"General meeting of owners","content":"#### 4 General meeting of owners\n\n4 General meeting of owners\n\n> > (1) The quorum for a general meeting of owners shall be 15 owners present in person.\n> \n> > (2) If, within 30 minutes after the time appointed for a general meeting of owners convened pursuant to a requisition under section 69 (2) of the Act, a quorum is not present, the meeting shall be postponed.\n> \n> > (3) Motions put to a vote at a general meeting of owners shall be decided by a poll taken in such manner as the Chairman of the meeting may direct.\n> \n> > (4) Subject to section 70 (1) of the Act, at a general meeting of owners, an owner may vote by proxy appointed by instrument under his or her hand or the hand of his or her duly authorised attorney.\n> \n> > (5) An instrument appointing a proxy, as referred to in subclause (4), shall be deposited at the office of the Board at least 48 hours before the time appointed for the meeting or adjourned meeting in respect of which the proxy is appointed.\n> \n> > (6) An owner whose property within the District is subject to management under any law relating to mental health may vote by the committee or trustee of his or her estate or by such other person as may by law have the management of the property.\n> \n> > (7) A committee, trustee or other person having the management of the property of an owner referred to in subclause (6) shall be competent to appoint a proxy or attorney for the purpose of voting at any general meeting of owners.\n> \n> > (8) No objection shall be taken to the validity of any vote except at the meeting at which the vote was tendered and every such vote not disallowed by the Chairman of the meeting shall for all purposes be taken to be valid.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Levy of rates","content":"#### 5 Levy of rates\n\n5 Levy of rates\n\n> Rates fixed by the Board under section 48 or 49 of the Act shall be levied by notice in writing served on each owner.","sortOrder":4}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The enabling legislation changed in 2001. The by-law was originally made under the Private Irrigation Districts Act 1973 but is now deemed to operate under the Water Management Act 2000 by virtue of a transitional clause in that Act. While the by-law's own content has not changed, its legal foundation shifted — meaning its scope is now interpreted within the broader and more comprehensive water management framework of the 2000 Act rather than the narrower 1973 Act."},"complexity_factors":["The actual substantive content of the by-law is not reproduced in the provided text — only metadata and status information is available, limiting full analysis","A legislative transition occurred in 2001 when the enabling Act changed from the Private Irrigation Districts Act 1973 to the Water Management Act 2000, which adds a minor layer of legal history to interpret","The by-law is highly localised and narrow in scope, applying only to a single irrigation board","The document as provided is essentially administrative metadata rather than the operative legal provisions, making it inherently simple to assess at face value"],"plain_english_summary":"The Moira Board of Management (General) By-law 1989 is the governing rulebook for the Moira private irrigation district’s management body, setting how the board runs and makes decisions that affect water delivery and irrigation services. It primarily affects landowners and farmers in the district. Made in 1989 under the Private Irrigation Districts Act and automatically continued under the Water Management Act 2000, it remains unchanged since its original adoption."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The by-law confines itself to procedural rules for meetings, voting, proxies and the mechanics of levying rates under the Act. It operates within the powers and references to the Private Irrigation Districts Act 1973 (see s2, s4, s5) and does not expand substantive Board powers beyond those procedural and administrative measures."},"complexity_factors":["Direct cross-references to the Private Irrigation Districts Act 1973 for rate-setting and requisitioned meetings (s2 definition; s4 references s69(2) and s70(1); s5 references ss48–49).","Specific quorum threshold (15 owners) creates a clear numeric participation requirement (s4(1)).","Proxy mechanics and timing impose an administrative compliance step (48‑hour deposit) on owners (s4(4)–(5)).","Chairman discretion to convene annual meetings and to direct polling procedure centralises procedural choices (s3(1); s4(3)).","Special voting arrangements for owners under mental-health-related property management add a tailored procedural exception (s4(6)–(7)).","Requirement to present audited accounts at the annual meeting imposes an accounting/verification obligation on the Board (s3(2))."],"plain_english_summary":"This by-law sets practical meeting and billing rules for the Moira irrigation district. It defines the Board and District, fixes timing for the annual general meeting and requires the Board to present audited accounts (s2–3). Owners must follow voting, proxy and attendance rules (including a 48‑hour proxy deposit) and pay rates served in writing; the Board controls meeting timing and how polls are conducted (s3–5)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The by-law remains focused on its original purpose of establishing basic governance procedures for the Moira Board of Management, including meetings, voting, and rate collection. There is no evidence of scope creep beyond these administrative functions."},"complexity_factors":["Only 3 defined terms in the interpretation section","Straightforward procedural rules without nested conditions","Single cross-reference to the parent Act (Private Irrigation Districts Act 1973) for context","No exceptions to exceptions or complex conditional logic","Short document (5 sections) with clear, linear structure"],"plain_english_summary":"This is a local by-law from 1989 that sets the rules for how the **Moira Board of Management** runs its affairs. The Board manages water supply and irrigation for a specific district in Victoria (the Moira area).\n\n**What it does:**\n\n*   **Sets up meetings:** The Board must hold an **annual general meeting** every year (usually in August, or within 15 months of the last one). At this meeting, the Board must show members its audited financial records.\n*   **Meeting rules:** For any general meeting, at least **15 owners** must show up for it to go ahead. If a meeting is called because owners demanded it and the quorum isn't met within 30 minutes, the meeting is postponed.\n*   **Voting:** Owners vote by poll (a formal count). They can vote by **proxy** (someone they appoint to vote for them), but the paperwork must be handed in 48 hours before the meeting. Special rules apply if an owner can't manage their own affairs due to mental health issues — their legal guardian or trustee can vote or appoint a proxy for them.\n*   **Rates:** The Board can charge rates (fees) to property owners for water services, and these must be notified in writing.\n\n**Who it affects:** Property owners in the Moira irrigation district who receive water services from the Board.\n\n**Why it matters:** It ensures transparency (financial reports, regular meetings) and gives owners a say in how their irrigation district is run, while providing practical rules for decision-making and voting."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/moira-board-of-management-general-by-law-1989","history":"/api/acts/moira-board-of-management-general-by-law-1989/history","analysis":"/api/acts/moira-board-of-management-general-by-law-1989/analysis","conflicts":"/api/acts/moira-board-of-management-general-by-law-1989/conflicts","importantCases":"/api/acts/moira-board-of-management-general-by-law-1989/important-cases","documents":"/api/acts/moira-board-of-management-general-by-law-1989/documents"}}