Div 2Meetings of the Trust

Division 2—Meetings of the Trust 8—Calling of meetings (1) A meeting of the Trust may be called at any time by the presiding officer or by a group of members who would constitute a quorum at a meeting of the Trust. (2) The presiding officer must call a meeting of the Trust (the annual general meeting) at least once in each year. (3) At least 14 days written notice specifying the time and place of each meeting must be given to every member of the Trust. (4) The time and place of a meeting of the Trust must, as far as practicable, be convenient to the members of the Trust. 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. 10—Notice of meetings where ownership of property changes Where the ownership of an irrigated property has changed, notice of a proposed meeting or resolution will be taken to have been given to the new owner if it had been given to the previous owner. 11—Voting (1) Subject to this section, each member of the Trust is entitled to vote at meetings of the Trust. (2) A member may nominate another person to attend a meeting instead of the member and to vote at the meeting on his or her behalf. (3) Where two or more persons are members of the Trust by reason of their ownership of the same irrigated property, a person must be nominated by both or all of them to vote on their behalf. (4) A nomination referred to in subsections (2) and (3) must be made by written notice to the Trust and may be revoked by the member, or all of the members, concerned by subsequent written notice to the Trust. (5) Where a person who is not a member of the Trust has been nominated by a member or members to attend and vote at a meeting of the Trust, that person must be regarded as a member of the Trust for the purposes of proceedings at the meeting. (6) Subject to subsection (7), the values of votes at meetings of the Trust will be in proportion to the amount of the respective waterlogging and salinity risk management allocations attached to the land owned by the members voting. (7) The basis for determining the values of votes can be changed by a resolution of the Trust if the following requirements are complied with: (a) twenty one days notice of the proposed resolution must have been given to the members; and (b) the number of votes supporting the resolution must exceed one half of the number of members who are entitled to attend and vote on the resolution; and (c) the value of votes supporting the resolution must exceed 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. (8) Where an irrigation authority is a member of the Trust, a person who is the owner of an irrigated property within the meaning of the Irrigation Act 1994 that comprises part of the authority's irrigation district under that Act is entitled to attend meetings of the Trust but is not entitled to notice of meetings or to vote at meetings of the Trust.