211Constitution of trust

211 Constitution of trust

[Section 211 Substituted by No. 56 of 2008, s. 95, Applied:11 Feb 2009]

(1)  A trust is to consist of a board of such number of trustees as the Minister, by instrument in writing, determines –

(a) on its establishment; or

(b) from time to time subsequent to its establishment.

(2)  In approving the establishment of a trust, the following provisions apply (according to circumstance):

(a) the Minister may require that one or more of the trustees are to be elected;

(b) if the trust is to be the responsible water entity for an irrigation district in which a water entity administering a water supply district has a right, under this Act or a special Act, to take water for domestic purposes from any watercourse, or from any water supply channel declared under section 192 , the Minister may require that one or more of the trustees be a nominee of that water entity appointed by the Minister;

(c) if the trust is to be the responsible water entity for a water district containing Crown land or it is to manage works owned by the Crown, the Minister may, with the agreement of the Minister administering that land or those works, require that one or more of the trustees be appointed by that Minister.

(3)  The Minister, by order published in the Gazette, may give such directions as are necessary to reconstitute a trust following a change in its constitution and, in particular, may provide for the retirement, election and term of office of the trustees and the dates on which provisions of the order are to take effect.

(4)  The order is not a statutory rule.

(5)  Nothing in this section affects the operation of section 308 .