Water Management (Electoral and Polling) Regulations 2019
In ForceTAS
Jurisdiction
Tasmania
Act Number
1 of 2019
Collection
regulation
Plain English Summary
4/10 complexity
The regulations set out how elections for trust boards and related polls under the Water Management Act are run: who can nominate and vote, nomination and ballot timelines, postal ballot procedures, counting and dispute processes, retention of papers, and who pays. They affect trust members, water entitlement holders, landowners, corporations nominating voting agents, Returning Officers, the Electoral Commissioner, trusts and the Minister. Key mechanics allocate administrative discretion to the Electoral Commissioner and Returning Officers (regs 5–6), and initial election costs to the Minister then to the trust (reg 36).
These Regulations set out the detailed procedures for the conduct of elections of elective members of trust boards and for polls taken by trusts under the Water Management Act 1999. They prescribe the administrative roles and powers, nomination and ballot processes, eligibility and voting rules, counting and declaration of results, dispute resolution timeframes, ballot retention, cost recovery, and the special procedures applicable to polls about borrowings. The Regulations operate by delegating specification and some discretion to two key officials: the Electoral Commissioner (power to issue directions and approve forms and procedures, reg 5) and the Returning Officer (responsible for conducting a particular election in accordance with the Act, these Regulations and any directions of the Electoral Commissioner, reg 6).
Mechanically, the Regulations do the following (selected mechanics grounded in the text):
Define application (Part 2 applies to election of elective trust members, reg 3; Part 3 applies to polls under s 213 of the Act, reg 37).
Prescribe nomination mechanics: opening/closing dates (reg 7), required form and declaration (reg 9, reg 10), permitted lodgement methods including in person, post, fax or email scan (reg 10(3)), acceptance/rejection criteria (reg 11) and withdrawal (reg 13).
Set postal ballot procedures: ballot papers to be posted at least 14 clear days before close of ballot (reg 19(2)), ballot material to each elector at roll address including return envelopes with a voter declaration (reg 20), and rules for vote authentication and secrecy (reg 20(2)-(4); reg 21).
Fix eligibility and voting-unit rules tied to water instruments and land: irrigation rights, land ownership, licences and occupier tenements (reg 15), with specific corporate and joint-owner nomination rules (reg 15).
Current sections
Direct links to the current provisions in Water Management (Electoral and Polling) Regulations 2019.
person means, in its application to a natural person, an adult;
Returning Officer, in an election, means the person appointed under section 211A of the Act to conduct the election.
Division 2
Administration
Division 2 Administration
5
Role of Electoral Commissioner
5 Role of Electoral Commissioner
The Electoral Commissioner may issue directions and approve procedures, consistent with the Act and this Part, for the conduct of elections.
6
Role of Returning Officer
6 Role of Returning Officer
The Returning Officer in an election is to conduct that election in accordance with –
(a) the Act and this Part; and
(b) the directions and procedures, if any, issued and approved by the Electoral Commissioner under regulation 5 .
Division 3
Nominations
Division 3 Nominations
7
Nomination period
7 Nomination period
The Returning Officer in an election is to fix –
(a) the date on which nominations for the election open; and
(b) the date on which and time at which nominations for the election close.
8
Notification of elections
8 Notification of elections
(1) The Returning Officer in an election, no later than 14 clear days before the close of nominations for the election, is to cause notice of the election to be –
(a) published in the Gazette; and
(b) provided, by post or electronic means, to persons on the electoral role in the relevant water district or, if applicable, in the part of the State covered by the relevant water management plan.
(b) specify the vacancy or vacancies to be filled and call for nominations; and
(c) indicate how persons may obtain nomination forms or further information; and
(d) specify who is eligible to vote in the election and the conditions, if any, attaching to the procurement and exercise of that voting right; and
(e) specify, if required, the ballot period; and
(f) contain any other information that the Returning Officer thinks fit.
(3) The Returning Officer may cause any other notice of the election to be given that the Returning Officer thinks fit.
9
Nomination forms
9 Nomination forms
(1) The Returning Officer in an election is to –
(a) prepare a sufficient number of nomination forms to enable the election to take place; and
(b) ensure that those nomination forms are available for use on the day on which the notice under regulation 8(1) is published.
(2) A nomination form is to be prepared and printed in a form approved by the Electoral Commissioner.
10
Eligibility and nomination of candidates
10 Eligibility and nomination of candidates
(1) An adult who is eligible to vote in an election is also eligible to be nominated as a candidate, and to be elected, in that election.
(2) A person who wishes to nominate as a candidate in an election is to lodge a nomination form with the Returning Officer that –
(a) contains a declaration by the person that he or she is eligible to be a candidate in the election; and
(b) is signed by the person; and
(c) is lodged with and received by the Returning Officer by the close of nominations.
(3) The nomination form may be lodged –
(a) in person; or
(b) by post; or
(c) by fax; or
(d) by email (as a scanned image).
11
Acceptance or rejection of nominations
11 Acceptance or rejection of nominations
(1) The Returning Officer in an election must accept a nomination form for the election if he or she is satisfied that –
(a) the nomination form complies with, and is lodged and received in accordance with, regulation 10 ; and
(b) the person nominated is eligible to be a candidate in the election.
(2) The Returning Officer must reject a nomination for the election if he or she is not satisfied in accordance with subregulation (1) .
12
Candidate statements
12 Candidate statements
(1) A candidate in an election may supply the Returning Officer with a written statement to be distributed with ballot papers.
(2) The written statement must be received by the Returning Officer before the close of nominations for the election.
(3) The statement is not to –
(a) exceed 150 words; or
(b) mention any other candidate unless the signed consent of that other candidate has been received by the Returning Officer together with the statement.
(4) The Returning Officer, interfering as little as possible with the content of the written statements received, may –
(a) edit any or all of those written statements to make them consistent in style and layout and to correct any errors in spelling; and
(b) shorten to the required length any written statement that does not comply with subregulation (3)(a) ; and
(c) remove any mention of any other candidate if the signed consent of that other candidate has not been received.
13
Withdrawal of nomination
13 Withdrawal of nomination
A candidate in an election may withdraw his or her nomination at any time before the close of nominations by giving the Returning Officer signed notice of the withdrawal.
Division 4
Conduct of ballots
Division 4 Conduct of ballots
14
When are ballots required?
14 When are ballots required?
If, on the close of nominations for an election, the number of nominations accepted by the Returning Officer is more than the number of positions to be filled at that election, the Returning Officer must conduct a ballot.
15
Persons eligible to participate in ballots
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.
16
Limit on number of votes
16 Limit on number of votes
(1) Except as provided by regulation 15(1) , each person who is eligible to vote in an election is only entitled to cast one vote in that election, regardless of how many parcels of land they may own or occupy or how many licences or rights to take water they may hold.
(2) However, subregulation (1) is not to be taken as preventing an adult who is eligible to vote in an election in his or her own right from –
(a) also being nominated to exercise a voting right for and on behalf of a corporation in the same election; or
(b) if so nominated, exercising that corporate voting right in addition to his or her personal voting right.
17
Electoral rolls
17 Electoral rolls
(1) The Returning Officer in an election is to –
(a) fix a date and time for the close of the electoral roll; and
(b) prepare, in accordance with this regulation, an electoral roll of the persons to whom ballot material is to be posted or delivered; and
(c) make that electoral roll available for inspection by any person for the purposes of the election.
(2) In the case of an election for a trust established to administer a water district for which irrigation rights have been issued –
(a) the chairperson of the trust must, on request, provide the Returning Officer with –
(i) a certified list of the persons who are eligible to vote in the election as at the close of the roll; and
(ii) any other information that the Returning Officer reasonably requires; and
(b) the certified list so provided becomes the electoral roll.
(3) In the case of an election for a trust established to administer a water district for which irrigation rights have not been or are not to be issued –
(a) the general manager of the municipal area in which the water district is located must, on request, provide the Returning Officer with –
(i) a certified list of the persons owning land in the water district as at the close of the roll; and
(ii) any other information that the Returning Officer reasonably requires; and
(b) the certified list so provided becomes the electoral roll.
(4) In the case of an election for a trust established to administer a water management plan –
(a) the Minister must, on request, provide the Returning Officer with –
(i) a certified list of the persons who are eligible to vote in the election, according to the register kept under section 12 of the Act, as at the close of the roll; and
(ii) any other information that the Returning Officer reasonably requires; and
(b) the certified list so provided becomes the electoral roll.
(5) A person must not make or use a copy of an electoral roll or any part of an electoral roll except for the purposes of an election.
Penalty: Fine not exceeding 10 penalty units.
(6) In this regulation –
certified list means a list certified by its provider as being true and correct;
(1) Subject to this regulation, ballot papers for an election are to be prepared and printed in a form approved by the Electoral Commissioner.
(2) The order in which the candidates' names are to be printed on the ballot papers is to be determined by lot.
(3) A ballot paper is to –
(a) have a blank box next to the name of each candidate; and
(b) contain directions to the effect that the elector will be taken to have cast a vote for a candidate if he or she places an "X" in the box next to that candidate's name, and that the elector may, by that means, vote for as many candidates as the number to be elected (but not more).
19
Polling period
19 Polling period
(1) The Returning Officer in an election is to fix –
(a) the date on which ballot papers are posted to eligible electors; and
(b) the date and time of the close of the ballot.
(2) The ballot papers are to be posted to eligible electors at least 14 clear days before the close of the ballot.
20
Ballot material to be posted to electors
20 Ballot material to be posted to electors
(1) When conducting an election, the Returning Officer is to post or deliver the following material to each elector at the address of the elector shown on the electoral roll for the election:
(a) the ballot paper;
(b) instructions for the completion of the ballot paper and the manner in which the ballot paper is to be returned;
(c) the envelope or envelopes to be used for the return of the ballot paper;
(d) candidate statements;
(e) such other material as the Returning Officer thinks fit.
(2) An envelope to be used for the issue and return of a ballot paper is to –
(a) make provision for the voter to sign a declaration authenticating the vote; and
(b) be designed to protect the secrecy of the vote.
(3) Except as provided by subregulation (2) , the form of the envelope is to be determined by the Electoral Commissioner.
(4) The declaration required under subregulation (2) is to be to the effect that the voter –
(a) is the person named on the envelope; and
(b) voted on the ballot paper that is in the envelope.
21
Voting
21 Voting
An elector in an election, in accordance with the instructions issued by the Returning Officer, is to –
(a) mark the ballot paper; and
(b) place it in the envelope or envelopes provided; and
(c) sign the voting declaration; and
(d) send it by post or deliver it so that it is received by the Returning Officer before the close of the ballot.
22
Supplementary issue of ballot material
22 Supplementary issue of ballot material
(1) The Returning Officer in an election may, if there is reasonable time to do so before the close of the ballot, send, deliver or provide in person supplementary ballot material to an elector who claims –
(a) not to have received the original ballot material; or
(b) to have spoilt or lost the original ballot material sent to the elector; or
(c) to be entitled to vote despite not being on the list of electors; or
(d) that he or she will be absent from the address shown on the electoral roll for the election.
(2) Supplementary ballot material requested in accordance with subregulation (1) may be sent or delivered to an address nominated by the elector.
23
Ballot papers not to be accepted
23 Ballot papers not to be accepted
The Returning Officer in an election must not accept any ballot paper that is –
(a) received by the Returning Officer after the close of the ballot; or
(b) contained in an envelope where the voting declaration has not been signed as required under regulation 21 ; or
(c) received from a person who is not (or in the reasonable opinion of the Returning Officer does not appear to be) eligible to vote in the election; or
(d) received from a person who, except as permitted by regulations 15 and 16 , has already voted in the election.
24
Informal ballot papers
24 Informal ballot papers
(1) A ballot paper in an election is informal if –
(a) there is no vote recorded on it; or
(b) it contains a mark or writing that, in the reasonable opinion of the Returning Officer, identifies the elector; or
(c) the elector has voted for more candidates than the number to be elected.
(2) Except as provided by subregulation (1) , a ballot paper is not to be treated as informal at the counting of votes if, in the reasonable opinion of the Returning Officer, the elector's intention is clearly indicated on the ballot paper.
(a) votes cast at an election are to be counted by tallying the number of votes received by each candidate; and
(b) the candidates receiving the highest number of votes are elected; and
(c) in the event of a tie, the winning candidate is to be determined by lot.
(2) In the case of elections for the Elizabeth Macquarie Irrigation Trust, the Returning Officer is to count the votes so that –
(a) for an election held in an even-numbered year –
(i) the candidate receiving the highest number of votes from the Tooms Lake/Macquarie Irrigation District is elected; and
(ii) the 2 candidates receiving the highest number of votes from the Lake Leake/Elizabeth/Macquarie Irrigation District are elected; and
(b) for an election held in a non-even-numbered year –
(i) the 2 candidates receiving the highest number of votes from the Tooms Lake/Macquarie Irrigation District are elected; and
(ii) the candidate receiving the highest number of votes from the Lake Leake/Elizabeth/Macquarie Irrigation District is elected.
26
Scrutineers
26 Scrutineers
(1) A candidate in an election may appoint a person who is not a candidate to be a scrutineer on his or her behalf.
(2) The appointment of a scrutineer is to be –
(a) in writing and signed by the candidate; and
(b) lodged with the Returning Officer.
(3) A scrutineer is entitled to be present at any stage of the ballot.
(4) A candidate is not entitled to be present at any stage of the ballot.
Division 6
Casual vacancies
Division 6 Casual vacancies
27
Casual vacancies
27 Casual vacancies
A casual vacancy occurs –
(a) when an elected board member of a trust ceases to hold office, other than by the normal expiry of the member's term of office as provided by regulation 32(1) ; or
(b) if not all the positions required to be filled at a normal election are filled at that election.
28
Appointment of members to fill casual and other vacancies
28 Appointment of members to fill casual and other vacancies
(1) The Minister may appoint a person to the board of a trust if a casual vacancy occurs.
(2) An appointment under this regulation expires as provided in regulation 32(2) .
Division 7
Declaration of result
Division 7 Declaration of result
29
Declaration of result if no ballot required
29 Declaration of result if no ballot required
If, on the close of nominations for an election, the number of nominations of candidates accepted by the Returning Officer is no more than the number of positions to be filled at that election, the Returning Officer is to –
(a) declare that candidate or those candidates elected; and
(b) issue a certificate of election as soon as practicable after the close of the ballot; and
(c) forward that certificate of election to the Minister.
30
Declaration of result if ballot required
30 Declaration of result if ballot required
If a ballot is required, the Returning Officer, as soon as practicable after the close of the ballot, is to –
(a) declare the successful candidate or candidates elected; and
(b) issue a certificate of election; and
(c) forward that certificate of election to the Minister.
31
Publication of election result
31 Publication of election result
As soon as practicable after issuing a certificate of election under regulation 29 or 30 , the Returning Officer –
(a) is to notify the persons elected of their election; and
(b) is to cause a copy of the certificate of election to be published in the Gazette.
32
Publication of certificate of election result determines term of office
32 Publication of certificate of election result determines term of office
(1) The term of office of a person who is elected as a board member of a trust expires on the day on which the certificate of election for the next election for the trust is published in the Gazette under regulation 31(b) .
(2) The term of office of a person who is appointed as a board member of a trust under regulation 28 expires on the day on which the certificate of election for the next election for the trust is published in the Gazette under regulation 31(b) .
Division 8
Miscellaneous
Division 8 Miscellaneous
33
Disputed returns
33 Disputed returns
An elector or candidate who disputes an election result as specified in the relevant certificate of election may, within the 90-day period immediately following the day on which that certificate is published in the Gazette in accordance with regulation 31(b) , apply to the Magistrates Court for a review of the decision made in relation to that election result.
34
Formal defects not to invalidate elections
34 Formal defects not to invalidate elections
An election is not invalid by reason only –
(a) of any formal error or defect in any certificate of election, notice, notification, list, declaration, statement or envelope; or
(b) that any publication was out of time; or
(c) of any delay in holding the election; or
(d) of any failure to provide any election material; or
(e) of any other defect, impediment or omission of a merely formal nature.
35
Retention and destruction of ballot papers
35 Retention and destruction of ballot papers
(1) The Returning Officer is to keep the ballot papers from an election until the later of the following occurrences:
(a) the 90-day period referred to in regulation 33 expires;
(b) any proceedings arising from applications made under regulation 33 in respect of the election are finalised.
(2) After complying with subregulation (1) , the Returning Officer is to cause the ballot papers to be destroyed.
36
Costs of elections
36 Costs of elections
(1) The costs incurred by the Electoral Commissioner for or in connection with an initial election of trustees are to be –
(a) paid in the first instance by the Minister; and
(b) repaid to the Minister, by the trust, within 6 months after the Minister is notified of the election result under regulation 29(c) or regulation 30(c) .
(2) The costs incurred by the Electoral Commissioner for or in connection with any other election of trustees are to be paid by the trust.
(3) If a trust fails to pay or repay any costs for which it is liable under this regulation, the Minister may recover those costs in a court of competent jurisdiction as a debt due to the Crown.
Part 3
Polls
Part 3 Polls
37
Application of Part
37 Application of Part
This Part applies to polls under and for the purposes of section 213 of the Act.
(1) A poll is to be conducted by a Returning Officer appointed by the trust that is taking the poll.
(2) The Returning Officer must be an adult who –
(a) is not eligible to vote in the poll in his or her own right; and
(b) has sufficient experience or qualifications to discharge the responsibilities of a Returning Officer for a poll under this Part.
(3) The Returning Officer is not eligible to exercise any voting right in the poll for or on behalf of a corporation.
40
General procedures
40 General procedures
(1) The Returning Officer for a poll is to make all the arrangements and provisions that are necessary to conduct the poll.
(2) Where any procedure, action or other matter that is necessary or incidental to the taking of the poll is not expressly provided for in this Part, that procedure, action or matter may be determined by the Returning Officer.
(3) However, the Returning Officer must, as far as possible and subject to any necessary modifications, ensure that a determination made under subregulation (2) in respect of any procedure, action or matter is the determination that is most consistent with the applicable provisions set out in Part 2 .
41
Ballot papers for polls
41 Ballot papers for polls
(1) The Returning Officer is to ensure that a ballot paper for the purposes of a poll is prepared in accordance with this Part.
(2) The ballot paper is to –
(a) list the amount of each proposed borrowing and the purposes for which those funds are to be applied; and
(b) provide a designated space immediately beneath each proposal for the voter to write "yes" or "no"; and
(c) provide instructions as to the manner of voting in accordance with regulation 42 ; and
(d) be prepared and printed in a form approved by the Electoral Commissioner.
42
Voting in polls
42 Voting in polls
(1) Voting in a poll is to be by ballot.
(2) A voter is to vote at the poll in the following manner:
(a) if the voter approves of a proposal, by writing "yes" in the box provided;
(b) if the voter does not approve of a proposal, by writing "no" in the box provided.
(3) A vote will not count unless the voter writes either "yes" or "no" in respect of the proposal printed on the ballot paper.
43
Counting of votes in polls
43 Counting of votes in polls
As soon as practicable after the close of voting in a poll, the Returning Officer is to count the votes by examining the ballot papers to determine the following in respect of each proposal submitted to the voters in the poll:
(a) the number of ballot papers marked "yes" by voters approving each proposal;
(b) the number of ballot papers marked "no" by voters rejecting each proposal.
44
Declaration of poll results
44 Declaration of poll results
(1) As soon as practicable after all the votes in a poll are counted, the Returning Officer is to –
(a) declare the result of the poll; and
(b) issue a certificate (called a "polling certificate") of the result; and
(c) forward that polling certificate to the relevant trust and a certified copy of that certificate to the Minister; and
(d) cause a copy of the polling certificate to be published in the Gazette.
(2) The Returning Officer may also cause a copy of the polling certificate to be published in any newspapers or in any relevant publications.
These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Water Management (Electoral and Polling) Regulations 2019 .
2 Commencement
2 Commencement
These regulations take effect on 11 February 2019.
Part 2 Elections
Part 2 Elections
Division 1 Application and interpretation
Division 1 Application and interpretation
3 Application of Part
3 Application of Part
This Part applies to elections to elect the elective members of the board of a trust.
4 Interpretation of Part
4 Interpretation of Part
In these regulations –
Act means the Water Management Act 1999 ;
adult means a natural person who has attained the age of 18 years;
certificate of election means the certificate issued under regulation 29(b) or regulation 30(b) in respect of an election;
close of nominations means the date and time fixed under regulation 7(b) ;
close of the ballot means the date and time fixed under regulation 19(1)(b) ;
election – see regulation 3 ;
Electoral Commissioner means the Electoral Commissioner appointed under section 14 of theElectoral Act 2004 ;
irrigation right means an irrigation right in force under section 23(1)(a) of theIrrigation Clauses Act 1973 ;
Limit votes per person except where multiple irrigation rights apply (reg 16).
Require an electoral roll prepared from certified lists supplied by specific entities depending on context (chairperson, municipal general manager, Minister) and make misuse of copies an offence (reg 17).
Set ballot paper content and marking rules, including order by lot and instructions for voting for up to the number to be elected (reg 18).
Provide counting, tie-breaking by lot, and a special counting rule for the Elizabeth Macquarie Irrigation Trust (reg 25).
Establish dispute mechanism (application to Magistrates Court within 90 days of Gazette publication of certificate, reg 33), retention of ballots until that period expires or proceedings finalised (reg 35), and cost allocation (initial election costs paid by Minister and repaid by the trust; other elections paid by the trust; Minister may recover unpaid amounts as a debt, reg 36).
Prescribe poll procedures for borrowings: ballot paper layout with "yes"/"no" boxes for each borrowing proposal, voting method, counting and form of declaration (regs 41-44).
The Regulations therefore operationalise electoral and polling events for water-related trusts by converting high-level provisions in the Water Management Act into detailed administrative rules. They centrally rely on postal, roll-based balloting; delegation of many implementation choices to the Electoral Commissioner and Returning Officer; and specific institutional roles (trust chairperson, municipal general manager, Minister) in supplying the electoral roll. Each of those mechanics allocates decision rights, record-keeping obligations and payment responsibilities; those allocations drive the incentives, compliance burdens and implementation risks discussed in later sections.
Main concepts
The Regulations introduce and define a set of recurring concepts and mechanisms that structure how elections and polls are to operate. Key definitional anchors are: "Act" meaning the Water Management Act 1999, "Returning Officer" as the person appointed under s 211A of the Act (reg 4); "Electoral Commissioner" as the officeholder under the Electoral Act 2004 (reg 4); and "poll" as used in Part 3 (reg 38). The document splits into two functional Parts: Part 2 (elections) and Part 3 (polls), each with its own divisions for interpretation, administration and conduct.
Important operational concepts and their mechanics in the Regulations include:
Delegated authorisation and approved forms: multiple provisions require forms, ballot papers and procedures to be prepared in a form approved by the Electoral Commissioner (regs 5, 9(2), 18(1), 20(3), 41(2)(d)). This centralises standard-setting and creates a single point for uniformity and modification of templates and instructions.
Returning Officer operational discretion: the Returning Officer must conduct an election consistent with the Act and these Regulations (reg 6), and for polls may determine procedures not expressly provided for, subject to making them as consistent as possible with Part 2 (reg 40(2)-(3)). The Returning Officer therefore has primary operational responsibility and residual discretion where the Regulations are silent.
Postal ballot infrastructure: the Regulations are written around issuing ballot material by post or delivery (reg 19, reg 20). Ballot material must include ballot paper, instructions, return envelopes with voter declarations and candidate statements (reg 20(1)). The signatures required in the return envelope authenticate the voter (reg 20(2)-(4); reg 21) and the Returning Officer must not accept late, unsigned, ineligible or duplicate votes (reg 23).
Vote entitlement tied to water instruments and land: voting rights depend on the type of trust and the rights or interests associated with the water district or management plan. For irrigation-rights districts each irrigation right entitles the holder to a vote (reg 15(1)(a)-(b)); for districts without irrigation rights, landowners are eligible (reg 15(2)); for management plan trusts, licence-holders and occupiers with s 48 tenements are eligible (reg 15(3)). Corporations and co-owners exercise votes through a single nominated adult (reg 15(1)(c)-(d); reg 15(2)(a)-(b); reg 15(3)(c)-(d)).
Vote aggregation and limits: the Regulations limit votes per person to one except for multiple irrigation rights (reg 16(1)). They also allow a person to be both an individual voter and the nominated corporate voter they represent (reg 16(2)). Natural persons may nominate an adult to exercise their votes, but that nominee must not be eligible to vote in their own right nor be exercising a corporate vote (reg 15(4)-(5)).
Electoral roll as a certified list that becomes determinative: the electoral roll is prepared by the Returning Officer with the close of roll fixed by that officer; but the source of the certified list depends on the type of trust (chairperson, municipal general manager, Minister) and the certified list provided becomes the roll (reg 17(1)-(4)). Making or using a copy of the electoral roll except for election purposes is an offence with a pecuniary penalty (reg 17(5)).
Candidate communications: candidates may supply statements up to 150 words, with strict constraints on content (no mention of other candidates without their written consent), and the Returning Officer may edit for style and length but is to interfere as little as possible (reg 12).
Counting conventions: votes are tallied by number; highest number wins; tie decided by lot (reg 25(1)); special allocation for Elizabeth Macquarie Trust where seat allocation is determined by district and parity of year (reg 25(2)).
Dispute resolution, retention and cost recovery: disputes must proceed within 90 days of Gazette publication of the certificate and are to the Magistrates Court (reg 33); ballot papers retained until the 90-day period expires and any proceedings finalised (reg 35); and costs allocated to Minister initially for initial election then repaid by trust within six months, with trusts bearing costs for subsequent elections and the Minister able to recover unpaid amounts as debt (reg 36).
Each of these concepts allocates legal and practical responsibilities among public actors (Electoral Commissioner, Returning Officer, Minister), corporate or private actors (trust boards, corporations, landowners, licence-holders), and administrative intermediaries (chairperson, municipal general manager). The Regulations thereby create an ecosystem of information flows (certified lists to Returning Officer, ballot material to electors), verification steps (voter declaration on return envelope), and sanctions (withdrawal of vote, fine for misuse of electoral roll, recovery of election costs).
Who it affects
The Regulations affect a defined set of actors with concrete duties, entitlements or potential costs. Identify who pays, who decides, who votes and who may be subject to enforcement.
Primary affected groups:
Electors (natural persons who are adults): the Regulations define who is eligible to vote depending on the trust type , holders of irrigation rights (each irrigation right may carry a vote, reg 15(1)), owners of land in certain districts (reg 15(2)), holders of licences or occupiers of s 48 tenements where a water management plan applies (reg 15(3)). Electors must sign a voter declaration on the return envelope and ensure ballot is received by the Returning Officer before close of ballot (reg 20(2)-(4), reg 21). Electors who lose or spoil ballot material may request supplementary materials if time permits (reg 22).
Candidates for trust boards: any adult eligible to vote is eligible to be nominated (reg 10(1)). Candidates must lodge a nomination form containing a signed declaration of eligibility by the close of nominations (reg 10(2)). Candidates may provide a 150-word statement subject to restrictions about mentioning other candidates (reg 12). Candidates can appoint scrutineers but are not entitled to be present at the ballot (reg 26(1), (3)-(4)).
Corporations and joint owners: corporations holding irrigation rights, licences or land exercise voting rights entirely through one adult nominated by the corporation (reg 15(1)(c), reg 15(2)(a), reg 15(3)(c)). Persons who hold rights in common likewise must exercise joint voting rights through a single jointly nominated adult (reg 15(1)(d), reg 15(2)(b), reg 15(3)(d)). The adult nominees for groups must be someone not eligible to vote in their own right, where a natural person uses a nominee (reg 15(4)-(5)).
Trust boards and their chairs: chairpersons are required to provide, on request, certified lists of persons eligible to vote where an irrigation-rights water district is involved; those certified lists become the electoral roll (reg 17(2)). Trusts also pay election costs (reg 36), except the initial election costs are advanced by the Minister to be repaid within six months (reg 36(1)).
Municipal general managers: where electoral rolls are compiled using land-ownership lists for districts without irrigation rights, the general manager of the municipal area must provide certified lists on request to the Returning Officer; those lists become the electoral roll (reg 17(3)).
The Minister: for elections relating to water management plans, the Minister must provide the certified list from the register under s 12 of the Act on request and that becomes the roll (reg 17(4)). The Minister initially pays costs of first elections and forwards of polling certificates are required to be sent to the Minister (reg 36(1); reg 44(1)(c)). The Minister also appoints persons to fill casual vacancies (reg 28).
Electoral Commissioner and Returning Officer: the Electoral Commissioner issues directions and approves forms and procedures consistent with the Act and these Regulations (reg 5). The Returning Officer conducts the election or poll, fixes nomination and roll close dates, manages balloting and counting, disallows votes under specified criteria, issues certificates of election/polling certificates and causes publication in the Gazette (regs 6, 7, 17, 19-31, 44).
Voters in polls about borrowings: in Part 3, where a trust takes a poll under s 213, the trust appoints the Returning Officer (reg 39); the ballot paper lists each proposed borrowing and voters mark "yes" or "no" against each (reg 41-42).
Who decides:
Electoral Commissioner prescribes approved forms, directions and procedures (reg 5; forms required by regs 9, 18, 20, 41).
Returning Officer decides nomination period (reg 7), closes rolls (reg 17(1)), posts ballot materials (reg 19-20), exercises judgement on acceptance/rejection of nominations (reg 11), determines informal ballots in "reasonable opinion" (reg 24), and may fill procedural gaps in polls (reg 40(2)-(3)).
Financial impacts and liabilities:
Trusts bear the direct cost of most elections (reg 36(2)). The Minister pays initial election costs for initial trustee elections but trusts must repay the Minister within six months of notification of result (reg 36(1)). If trusts fail to repay, the Minister may recover costs as a debt (reg 36(3)).
Enforcement and sanctions:
Misuse of the electoral roll (making or using a copy except for election purposes) attracts a fine not exceeding 10 penalty units (reg 17(5)). The Returning Officer has the operational enforcement role in refusing to accept invalid ballots (reg 23).
Indirect effects:
Service providers (postal services) are implicated because the Regulations rely heavily on mailing ballot materials and receiving returned ballots before the close of the ballot (regs 19-21). Administrative resources of the Returning Officer and trust secretariats are implicated in preparing certified lists, handling supplementary ballots and managing communications.
The Regulations therefore affect a mix of individual electors, corporate entities, trust administrators, local government officials and central agencies (Electoral Commissioner, Minister). The allocation of duties and payment liabilities imposes administrative and compliance duties primarily on trusts and Returning Officers, while eligibility rules concentrate voting influence where irrigation rights or licenses are multiple.
Key duties and rights
The Regulations distribute duties and rights across public officials, trusts, candidates and electors; they also establish procedural protections and constraints. Below are the key duties and rights stated in the Regulations, with references to the relevant provisions.
Duties of the Electoral Commissioner:
Issue directions and approve procedures and forms consistent with the Act and these Regulations for the conduct of elections (reg 5). Multiple provisions require Electoral Commissioner approval of forms (regs 9(2), 18(1), 20(3), 41(2)(d)).
Duties of the Returning Officer in elections:
Prepare and fix nomination period dates and times (reg 7).
Publish notice of election at least 14 clear days before close of nominations in the Gazette and provide notice by post or electronic means to persons on the electoral roll in the relevant water district or plan area (reg 8(1)-(2)).
Prepare sufficient approved nomination forms and ensure availability from the notice publication date (reg 9(1)-(2)).
Accept or reject nominations based on compliance with form and eligibility (reg 11).
Determine order of candidate names by lot (reg 18(2)).
Fix date for posting ballot papers and close of ballot (reg 19(1)).
Post ballot materials to electors at least 14 clear days before close of ballot and ensure ballots and return envelopes contain signed declarations and protect secrecy (reg 19(2); reg 20).
Receive and assess votes; not accept late, unsigned, ineligible, or duplicate votes (reg 23).
Count votes and declare results, issue certificate of election and forward certificate to the Minister (regs 25, 29-30).
Make electoral roll available for inspection (reg 17(1)(c)) and ensure certified lists are provided by the appropriate authority (reg 17(2)-(4)).
Retain ballot papers until the 90-day dispute period expires and any proceedings are finalised, then destroy them (reg 35).
Duties and powers of trusts and other agencies:
Trust chairperson must provide, on request, a certified list of eligible electors in irrigation-rights districts, and that list becomes the electoral roll (reg 17(2)).
Municipal general manager must provide, on request, a certified list of landowners for districts without irrigation rights (reg 17(3)).
The Minister must provide, on request, a certified list from the register kept under s 12 of the Act for water management plan elections (reg 17(4)).
Trusts are liable to pay election costs (reg 36). The Minister pays initial election costs which the trust must repay within 6 months of notification of result (reg 36(1)). The Minister may recover unpaid amounts as a debt (reg 36(3)).
The trust appoints the Returning Officer for polls (reg 39(1)).
Rights of candidates:
Any adult eligible to vote can be nominated and be elected (reg 10(1)).
Candidates can supply a written candidate statement up to 150 words to be distributed with ballot papers (reg 12(1)-(3)).
Candidates may appoint non-candidate scrutineers in writing; scrutineers are entitled to be present at any stage of the ballot (reg 26).
Rights of electors:
Entitlement to receive ballot material at the electoral-roll address, to vote by post or delivery and to request supplementary ballot material if the original was not received or is spoilt/lost, or if entitled to vote despite not appearing on the list, subject to time constraints (regs 20, 22).
Where a person holds multiple irrigation rights, they may vote separately in respect of each irrigation right (reg 15(1)(b)).
Corporations and persons in common must exercise their voting right through a single nominated adult (reg 15(1)(c)-(d); reg 15(2)(a)-(b); reg 15(3)(c)-(d)).
Procedural protections and constraints:
Candidate statements may be edited by the Returning Officer to make them consistent in style and layout, to correct spelling, shorten to permitted length and remove mentions of other candidates without consent, but the Returning Officer is directed to interfere as little as possible (reg 12(4)).
A ballot paper is informal if no vote is recorded, if it contains identifying marks, or if the elector votes for more candidates than the number to be elected; otherwise the Returning Officer should not treat a ballot as informal if the elector’s intention is clearly indicated (reg 24).
Where there is a tie, the winning candidate is determined by lot (reg 25(1)(c)). There is a special counting rule for the Elizabeth Macquarie Irrigation Trust (reg 25(2)).
Dispute and retention rules:
An elector or candidate disputing an election result as specified in the relevant certificate may apply to the Magistrates Court within 90 days of the Gazette publication of the certificate (reg 33).
Ballot papers must be kept until the later of expiration of the 90-day dispute period or finalisation of any proceedings arising from applications under reg 33, after which they must be destroyed (reg 35).
Limited criminal/penal exposure:
Making or using a copy of an electoral roll except for election purposes attracts a fine not exceeding 10 penalty units (reg 17(5)).
Collectively, these duties and rights allocate verification, publication, and record-keeping responsibilities to public officers and trusts, procedural and communication duties to candidates and electors, and financial responsibilities mainly to trusts with an initial public advance for first elections. That allocation shapes incentives for accuracy in certified lists, adherence to timelines, and potential disputes about roll completeness or ballot acceptance.
Penalties and enforcement
The Regulations contain only limited explicit statutory penalties and concentrate enforcement and remedial mechanisms in administrative procedures and civil recovery. The relevant enforcement provisions and practical enforcement mechanisms are as follows.
Statutory pecuniary penalty:
Making or using a copy of the electoral roll or any part of the electoral roll except for the purposes of an election is an offence with a penalty not exceeding 10 penalty units (reg 17(5)). The Regulation does not specify higher criminal sanctions or additional penalties in the text provided. The effect is to constrain dissemination and secondary use of electoral roll data outside the election context.
Administrative enforcement and procedural refusals:
The Returning Officer is given express powers to refuse to accept ballots that do not comply with specified authentication and timeliness criteria (reg 23). The categories for non-acceptance are clear: late arrival (after close of ballot), absence of required signed declaration on the return envelope, ballots received from persons who are not eligible to vote or do not appear to be eligible in the reasonable opinion of the Returning Officer, or ballots from persons who have already voted except as permitted (reg 23(a)-(d)). These are administrative refusals rather than criminal sanctions.
Judicial review and dispute mechanism:
A candidate or elector disputing an election result as specified in the certificate of election may apply to the Magistrates Court for review within the 90-day period immediately following Gazette publication of the certificate (reg 33). This provides a judicial remedy but is time-limited. The Regulations do not prescribe the grounds of review in detail; rather they provide the avenue to the Magistrates Court, which would determine applicable grounds and remedies under the Act and general law.
Retention to preserve evidence:
The Returning Officer must keep ballot papers until the later of expiration of the 90-day review period or finalisation of any proceedings arising from applications under reg 33 (reg 35(1)). Thereafter the Returned Officer must destroy the papers (reg 35(2)). This sequence both preserves evidentiary material for any challenges and limits indefinite retention.
Cost recovery:
Financial enforcement operates via debt recovery: if a trust fails to pay or repay any election costs for which it is liable, the Minister may recover those costs in a court of competent jurisdiction as a debt due to the Crown (reg 36(3)). This is a civil enforcement mechanism that can impose a fiscal consequence on trusts.
Operational discretion and "reasonable opinion":
Several provisions vest evaluative judgments in the Returning Officer and permit discretionary determinations on matters such as acceptance/rejection of nominations (reg 11), whether a ballot paper contains marks identifying the elector or clearly indicates intention (reg 24), and determination of procedures for matters not expressly provided (reg 40(2)-(3)). Those judgments are not themselves criminalised; they can be the subject of dispute through reg 33 and judicially reviewed.
Publication and formalities:
Certificates of election or polling certificate must be published in the Gazette (reg 31(b); reg 44(1)(d)). Publication fixes the 90-day dispute window and thus functions as a trigger for potential enforcement via court review.
Limitations in the Regulations:
The Regulations do not prescribe criminal penalties for common electoral misbehaviour (for example, false declaration on the envelope, fraudulent voting) within the text supplied. Nor do they specify administrative sanctions for Returning Officers beyond the ballot acceptance rules. Any such offences or sanctions may instead be found in the principal Act or other legislation (the Regulations refer to the Act and other statutes but do not, in the supplied text, create a suite of criminal offences beyond reg 17(5)). Users should therefore look to the Water Management Act 1999 and general offence provisions for additional enforcement mechanisms.
In sum, enforcement under the Regulations is primarily administrative (Returning Officer decisions about ballot acceptance), civil (cost recovery by the Minister), with a single explicit pecuniary penalty tied to misuse of the electoral roll and a time-limited judicial review pathway through the Magistrates Court. The reliance on administrative refusal and a time-limited challenge window places emphasis on accurate roll preparation and procedural compliance prior to Gazette publication to minimise disputes.
How it interacts with other laws
The Regulations operate as subordinate legislation to the Water Management Act 1999 and interact explicitly and implicitly with several other statutes and institutional frameworks. The Regulations themselves reference other Acts and statutory offices; those linkages determine sources of authority, roles and evidentiary materials.
Direct cross-references in the Regulations:
Water Management Act 1999: The Regulations implement election and poll procedures for trusts under that Act, referring to specific provisions. Part 2 applies to elections to elect elective members of the board of a trust, per reg 3. The Returning Officer is the person appointed under s 211A of the Act (reg 4). Part 3 applies to polls under s 213 of the Act (reg 37). The register under s 12 of the Act is referenced as the source for the Minister’s certified list for management-plan elections (reg 17(4)). Section 48 of the Act is cited in relation to occupier tenements in reg 15(3)(b).
Electoral Act 2004: The Regulations refer to the Electoral Commissioner appointed under s 14 of the Electoral Act 2004 in their definition of Electoral Commissioner (reg 4). The Regulations therefore integrate an office established under the Electoral Act into the administration of water-trust elections.
Irrigation Clauses Act 1973: The definition of "irrigation right" refers to s 23(1)(a) of the Irrigation Clauses Act 1973 (reg 4). That links eligibility rules to rights created under that Act.
Rules Publication Act 1953: The Regulations were displayed and numbered in accordance with that Act, as noted at the end of the instrument.
Interactional mechanics and consequences:
Delegation to existing electoral institutions: By referencing the Electoral Commissioner and appointing the Returning Officer under the Water Management Act, the Regulations integrate trust elections into broader electoral administrative capacity. The Electoral Commissioner’s power to issue directions and approve forms (reg 5) creates a procedural alignment with the Electoral Act structures, although the Regulations remain specific to water-trust elections.
Reliance on other public records: The electoral roll regime depends on certified lists generated under different statutory contexts. For irrigation-rights districts, the chairperson of the trust supplies a certified list (reg 17(2)); for land-owner districts, the municipal general manager supplies a certified list (reg 17(3)); for water management plan elections, the Minister supplies a list from the register kept under s 12 of the Act (reg 17(4)). This interlocks municipal, trust and ministerial records into the electoral process. Accuracy, timeliness and format of those records will affect the Returning Officer’s implementation.
Judicial review and civil mechanisms: The dispute remedy in reg 33 channels disputes into the Magistrates Court, rather than creating a bespoke tribunal or administrative appeal. The Magistrates Court will consider the dispute in light of the Act, the Regulations and general law. Cost-recovery in reg 36(3) is a civil enforcement mechanism supplementing administrative allocation of costs.
Data protection/confidentiality: The Regulations prohibit making or using a copy of an electoral roll except for election purposes (reg 17(5)) with a monetary penalty. This interacts with privacy and information legislation regimes at state level; however, the Regulations do not elaborate data-sharing exemptions beyond the election context.
Postal services and general law of post: The Regulations rely heavily on postal delivery of ballot material and on the ballot being received by the Returning Officer before the close of ballot (reg 19-21). That dependence imports the practical risks and performance of postal services into the legal timing of votes; general postal law and postal service timeframes will therefore have operational importance in interpreting "received by" and in disputes over late receipt.
Local government and trust governance: The municipal general manager’s obligation (reg 17(3)) links local government administrative responsibilities to the electoral process for trusts in their municipal area, creating an operational dependency. Trust chairpersons are similarly implicated (reg 17(2)).
Potential overlap with offences elsewhere: The Regulations do not create certain electoral offences (for example, false declarations) within the text provided. Such conduct, if criminal, would likely be prosecuted under other statutes; practitioners should check the principal Act and general criminal law for relevant offences.
In short, the Regulations are not a closed system: they depend on statutory offices and registers under other Acts, rely on postal and record-keeping systems external to the Regulations, and put the integrity of elections in part on records supplied by trusts, municipalities and the Minister. Legal consequences, review mechanisms and penalties cut across administrative, civil and criminal law domains, with the Regulations specifying the procedural frame and other statutes filling gaps on authority and offence structures.
Amendment history
The Regulations’ own text provides a concise legislative history. According to the instrument:
Citation and commencement: The instrument may be cited as the Water Management (Electoral and Polling) Regulations 2019 and commenced operation on 11 February 2019 (regs 1-2).
Gazettal: The Regulations were notified in the Gazette on 30 January 2019; the statement at the end also records display and numbering in accordance with the Rules Publication Act 1953.
Administrative responsibility: The instrument states that the Regulations are administered by the Department of Primary Industries, Parks, Water and Environment.
The Regulations, as provided, do not include a schedule of subsequent amendments, transitional provisions or repeal language in the supplied text. There is no in-text record of any amendments after commencement nor are there notes of earlier versions; the provided text is the consolidated instrument as presented. The instrument also cross-references existing Acts (Water Management Act 1999, Electoral Act 2004, Irrigation Clauses Act 1973) but does not itself record changes to those Acts.
Practical effects of this static amendment history in the source:
Users must check whether subsequent amending instruments have been made since the 2019 commencement date. The instrument’s text alone does not capture later changes. Where compliance or litigation hinges on a specific provision, practitioners should confirm the current version as in force on the relevant date using official consolidated legislation databases.
Because many procedural elements depend on directions and approved forms issued by the Electoral Commissioner (reg 5), the practical, operational "rules" may change over time by administrative direction without formal amendment of the Regulations themselves. The Regulations set an administrative framework that can be modified operationally by the Electoral Commissioner in the exercise of the authority conferred by reg 5.
Absent contrary evidence in the text, the amendment history is limited to enactment (Gazettal 30 January 2019) and commencement (11 February 2019), with administration by the named Department. Any party relying on the Regulations for a current matter should verify whether later legislative instruments or Electoral Commissioner directions have modified procedures or forms.
Litigation history
The Regulations themselves, as provided, do not record any litigation history or cases. The instrument contains no references to judicial decisions, no list of challenged provisions, and does not name any reported cases. The only direct forum for contesting election outcomes provided by the Regulations is the substantive procedural route: an elector or candidate disputing an election result may apply to the Magistrates Court within the 90-day period from the Gazette publication of a certificate of election (reg 33). The Regulations therefore set out the pathway for litigation (Magistrates Court) but do not contain decisions or precedent.
Practical implications for practitioners:
To understand how the Regulations have been interpreted in disputes, counsel and advisers must search Magistrates Court decisions (and any appeals) concerning elections or polls conducted under these Regulations and any overlapping authority under the Water Management Act 1999. The Regulations do not supply case law nor provide authoritative interpretations of "reasonable opinion", "eligible to vote", or the scope of the Returning Officer’s discretion. Those questions would be resolved in the courts and are not included in the instrument.
Because the Regulations channel disputes to the Magistrates Court within a strict 90-day window from Gazette publication (reg 33), litigants face a tight time limit; practitioners should calculate the trigger point as the Gazette publication date per reg 31(b) and reg 44(1)(d).
Given the Regulations’ reliance on administrative discretion (e.g., the Returning Officer’s reasonable opinion when deciding whether a ballot is informal or ineligible, regs 23, 24), litigation is likely to raise issues of procedural fairness, rationality of discretionary determinations, and evidentiary sufficiency of certified lists. Those are standard judicially reviewable grounds, but outcomes will depend on the facts and judicial reasoning in particular disputes.
Any litigation about costs recovered by the Minister as a debt (reg 36(3)) would be ordinary civil proceedings; the Regulations do not set special dispute mechanisms or limitations on recovery besides the ordinary court process.
In the absence of cases cited in the Regulations, researchers should undertake a jurisdictional case-law search for Magistrates Court or higher-court decisions dealing with elections or polls under the Water Management Act and these Regulations to find how courts have applied the procedural rules and the scope of administrative discretion vested in Returning Officers.
Gotchas
The Regulations contain several provisions that are easy to overlook but have immediate practical consequences for election administrators, candidates, electors and trusts. The following are concrete "gotchas" drawn from the text and how they operate mechanically.
Vote multiplicity where irrigation rights exist (reg 15(1)(b) and reg 16):
Holders of more than one irrigation right may cast a separate vote for each irrigation right (reg 15(1)(b)). That is an express exception to the general one-person-one-vote limit in reg 16(1). The practical effect is that a natural person holding multiple irrigation rights can have disproportionate voting influence relative to single-right holders, unless rights are aggregated corporately or otherwise. Compliance and roll preparation must identify multiple-right holders accurately.
Nominee eligibility constraints (reg 15(4)-(5)):
Natural persons may nominate another adult to exercise their votes, but that nominee must not be eligible to vote in his or her own right nor be exercising a corporate vote (reg 15(4)-(5)). Practically, this prevents using an elector as proxy who already has their own voting entitlement. It also requires coordination where a person who owns multiple votes wants to nominate someone to exercise them: all votes must be exercised through the same nominee (reg 15(4)).
Candidate cannot be present at any stage of the ballot, yet may appoint scrutineers (reg 26(3)-(4)):
Candidates may not be present at any stage of the ballot (reg 26(4)), but may appoint scrutineers who are not candidates to observe (reg 26(1)-(3)). This reduces the ability of candidates to directly observe counting and relies on scrutineer appointment for oversight. Failure to appoint a scrutineer in time can remove candidate visibility into procedures.
Ballot paper order determined by lot (reg 18(2)):
The order of candidate names on ballot papers is by lot. For campaigns, this removes any complaint about alphabetical bias but requires attention to the lot process if disputes arise.
Candidate statements strictures (reg 12):
Candidate statements must not exceed 150 words and must not mention any other candidate unless that other candidate has given signed consent which must be provided with the statement (reg 12(3)(a)-(b)). Returning Officer may edit or remove mentions without consent (reg 12(4)). Candidates should prepare self-contained statements and secure consents if referencing other candidates.
Postal timing and "received by" test (regs 19-21, 23):
Ballot papers must be posted at least 14 clear days before close of ballot (reg 19(2)). Votes must be received by the Returning Officer before close of ballot (reg 21(d)); the Returning Officer must not accept late ballots (reg 23(a)). Reliance on post means electors should allow postal transit time; disputes over whether a ballot was "received" before close will be factual and potentially time-sensitive in any challenge.
Electoral roll becomes determinative once certified (reg 17(2)-(4)):
The certified list provided by chairperson, municipal general manager or the Minister "becomes the electoral roll" (reg 17(2)(b), (3)(b), (4)(b)). Once supplied, the Returning Officer’s roll derives directly from those lists; errors or omissions in the certified list may be difficult to remediate post-issue and will be central to any disputes. The prohibition on copying the roll except for election purposes (reg 17(5)) can hinder parallel verification or transparency efforts.
Limited explicit offences (reg 17(5)):
Apart from reg 17(5), the Regulations do not spell out offences for false voting declarations, personation, undue influence or other electoral misconduct. Practitioners must check other statutes for criminal provisions; absence of express offences in the Regulations does not mean there are no legal remedies.
Special counting rule for one trust (reg 25(2)):
The Elizabeth Macquarie Irrigation Trust has an unusual counting rule allocating seats by district and by even/odd year (reg 25(2)). Users administering elections for that trust must apply this special rule rather than the general highest-number-wins method.
Time-limited disputes and retention (regs 31-35, 33):
The certificate of election/poll is published in the Gazette, and the 90-day review period runs from that publication (reg 31(b), reg 33). The Returning Officer must retain ballots until that period expires and any proceedings are finalised (reg 35). Parties must act promptly: late challenges will be time-barred.
Costs advanced by Minister for initial election but repaid by trust (reg 36(1)):
The Minister pays initial election costs which the trust must repay within six months; failure to repay allows recovery as a debt (reg 36(1), (3)). Trusts must budget for election costs and meet repayment deadlines.
Returning Officer’s wide discretion for polls (reg 40):
For polls, where the Regulations are silent, the Returning Officer may determine procedure as necessary, subject to aligning with Part 2 as far as possible (reg 40(2)-(3)). That discretion is useful but creates legal uncertainty; parties should seek clarifications in writing where possible and document determinations.
These "gotchas" show where timing, roll accuracy, nominee rules, vote weightings and discretionary decision-making create legal and practical risk. Administrators and participants should focus on certified-list accuracy, timely nomination and return of ballots, correct completion of voter declarations, and early engagement with the Returning Officer to clarify procedural questions.
How to comply
Below is a practical compliance checklist tailored to the various roles created by the Regulations. Each item cites the relevant regulation(s) so a practitioner can verify the source text.
For Returning Officers (election administrator duties):
Fix and publish key dates: set nomination opening and closing dates/times (reg 7), set the close of the roll (reg 17(1)(a)), fix date for posting ballot papers and close of ballot (reg 19(1)). Ensure the Gazette notice is published no later than 14 clear days before close of nominations (reg 8(1)).
Prepare approved forms and ballot material: ensure nomination forms, ballot papers, envelopes and instructions are in forms approved by the Electoral Commissioner (reg 9(2), reg 18(1), reg 20(3), reg 41(2)(d)). Prepare sufficient nomination forms (reg 9(1)(a)) and make them available from the date the notice is published (reg 9(1)(b)).
Obtain certified lists and make the electoral roll available: request the appropriate certified list depending on trust type (chairperson for irrigation-rights districts reg 17(2), municipal general manager for land-owner districts reg 17(3), Minister for water-management-plan registers reg 17(4)), certify its incorporation into the electoral roll and make the roll available for inspection (reg 17(1)(b)-(c)).
Issue notice of election with all required particulars: the notice must indicate purpose, vacancies, how to obtain nomination forms, who is eligible to vote and conditions, ballot period if required and any other information the Returning Officer thinks fit (reg 8(2)(a)-(f)).
Administer nominations: accept nominations that comply with reg 10 and reject those that do not (reg 11). Allow lodgement in person, by post, fax or email scanned image (reg 10(3)). Permit withdrawal before close of nominations by signed notice (reg 13).
Manage candidate statements: receive candidate statements before close of nominations, ensure they do not exceed 150 words and do not mention other candidates without written consent; edit for style and length only as necessary (reg 12).
Distribute ballot packages: post or deliver to each elector the ballot paper, voting instructions, return envelope(s) with a voter declaration and candidate statements (reg 20(1)). Ensure the envelope design both protects secrecy and contains provision for the voter to sign the declaration (reg 20(2)).
Receive and adjudicate ballots: require signed declarations and receipt before close of the ballot (reg 20(4); reg 21(d)); do not accept ballots that are late, unsigned, from ineligible persons, or duplicates (reg 23).
Assess informality and count: follow reg 24 for informal ballot criteria and count votes in accordance with reg 25 (tally votes, determine winners, determine tie by lot). Apply special counting rules where applicable (e.g., Elizabeth Macquarie Trust reg 25(2)).
Issue and publish certificates: immediately after declaration, issue certificate(s) of election or polling certificate and forward to Minister; cause publication in the Gazette (regs 29-31; reg 44).
Retain and destroy ballots: keep ballot papers until the later of the 90-day dispute period expiring or finalisation of any proceedings under reg 33, then destroy (reg 35).
Manage costs: maintain records of costs to allow a trust to repay initial costs to the Minister within six months of notification in the initial election context, and supply cost invoices as required (reg 36).
For trusts, chairs and municipal general managers:
Prepare and supply certified lists promptly on request: chairperson supplies certified list of persons eligible where irrigation rights issued (reg 17(2)); municipal general manager supplies list of landowners where irrigation rights not issued (reg 17(3)); Minister supplies list for management plan warrants (reg 17(4)). Ensure lists are certified as true and correct and provided in a readable and timely format to avoid roll disputes.
Budget for election costs: trusts pay election costs except the initial election costs are advanced by the Minister and must be repaid within six months (reg 36).
Appoint Returning Officers for polls: trusts must appoint a Returning Officer for polls who is an adult, not eligible to vote in the poll, and has sufficient experience or qualifications (reg 39).
For casual vacancies, be aware the Minister may appoint a person to the board and that appointment expires when certificate for next election is published (regs 28, 32(2)).
For candidates:
Ensure eligibility: only adults eligible to vote can be candidates (reg 10(1)). Complete and sign the nomination form declaring eligibility and lodge it by close of nominations (reg 10(2)).
Prepare and lodge candidate statements: submit any statement before close of nominations, capped at 150 words and avoid mentioning other candidates unless signed consent accompanies the statement (reg 12).
Appoint scrutineers in writing if you wish observation during the ballot (reg 26).
For electors:
Confirm your entitlement and roll presence: review the electoral roll once made available for inspection (reg 17(1)(c)). If you are not on the roll but claim entitlement, ask the Returning Officer for supplementary ballot material if time permits (reg 22(1)(c)).
Follow ballot instructions: mark the ballot as directed (e.g., put an "X" beside candidate names or write "yes"/"no" for polls) and do not vote for more candidates than the number to be elected (reg 18(3)(b); reg 42(2)-(3)). Place the ballot in the envelope(s) provided, sign the declaration and ensure the Returning Officer receives it before close of ballot (reg 20(1)-(4); reg 21).
Care with multiple votes: if you hold multiple irrigation rights you may cast a separate vote for each right (reg 15(1)(b)), but ensure any nomination of a third-party to exercise multiple votes uses the same nominee for all such votes (reg 15(4)).
Respect roll confidentiality: do not make or use copies of the electoral roll except for election purposes (reg 17(5)).
For anyone handling electoral rolls, data or forms:
Ensure certified lists are true and correct before certification: certification turns the supplied list into the electoral roll (reg 17(2)-(4)). Misstatements in certified lists will propagate to the roll and can form the basis of disputes.
Protect copies and distribution: because copying and use of the roll outside election purposes is penalised (reg 17(5)), establish secure distribution channels for authorised uses.
For parties contemplating a dispute:
Act promptly: the 90-day window from Gazette publication of the certificate is the period for applying to the Magistrates Court (reg 33). Retain evidence, note Gazette publication date (reg 31(b)), and preserve ballots until they are destroyed following reg 35.
Operational recommendations:
Seek written directions from the Electoral Commissioner or written procedural clarifications from the Returning Officer where statutory discretion exists (reg 5; reg 40(2)-(3)). Document all requests and responses to reduce future dispute risk.
For trusts and municipal offices, maintain up-to-date records of irrigator rights, land ownership and licences so certified lists are accurate when requested.
Candidates should secure consents in writing before referencing other candidates in statements and keep signed copies for production if needed.
Adhering to the Regulations requires coordinated record transfers, strict timing, careful signature/authentication of returned ballots and good documentation of any discretionary decisions taken by the Returning Officer or Electoral Commissioner. Where the Regulations are silent or permit Returning Officer determination (reg 40), obtain and preserve written confirmations of procedural choices to limit later contestability.
person means, in its application to a natural person, an adult;
Returning Officer, in an election, means the person appointed under section 211A of the Act to conduct the election.
Division 2 Administration
Division 2 Administration
5 Role of Electoral Commissioner
5 Role of Electoral Commissioner
The Electoral Commissioner may issue directions and approve procedures, consistent with the Act and this Part, for the conduct of elections.
6 Role of Returning Officer
6 Role of Returning Officer
The Returning Officer in an election is to conduct that election in accordance with –
(a) the Act and this Part; and
(b) the directions and procedures, if any, issued and approved by the Electoral Commissioner under regulation 5 .
Division 3 Nominations
Division 3 Nominations
7 Nomination period
7 Nomination period
The Returning Officer in an election is to fix –
(a) the date on which nominations for the election open; and
(b) the date on which and time at which nominations for the election close.
8 Notification of elections
8 Notification of elections
(1) The Returning Officer in an election, no later than 14 clear days before the close of nominations for the election, is to cause notice of the election to be –
(a) published in the Gazette; and
(b) provided, by post or electronic means, to persons on the electoral role in the relevant water district or, if applicable, in the part of the State covered by the relevant water management plan.
(2) A notice under subregulation (1) is to –
(a) indicate the purpose of the election; and
(b) specify the vacancy or vacancies to be filled and call for nominations; and
(c) indicate how persons may obtain nomination forms or further information; and
(d) specify who is eligible to vote in the election and the conditions, if any, attaching to the procurement and exercise of that voting right; and
(e) specify, if required, the ballot period; and
(f) contain any other information that the Returning Officer thinks fit.
(3) The Returning Officer may cause any other notice of the election to be given that the Returning Officer thinks fit.
9 Nomination forms
9 Nomination forms
(1) The Returning Officer in an election is to –
(a) prepare a sufficient number of nomination forms to enable the election to take place; and
(b) ensure that those nomination forms are available for use on the day on which the notice under regulation 8(1) is published.
(2) A nomination form is to be prepared and printed in a form approved by the Electoral Commissioner.
10 Eligibility and nomination of candidates
10 Eligibility and nomination of candidates
(1) An adult who is eligible to vote in an election is also eligible to be nominated as a candidate, and to be elected, in that election.
(2) A person who wishes to nominate as a candidate in an election is to lodge a nomination form with the Returning Officer that –
(a) contains a declaration by the person that he or she is eligible to be a candidate in the election; and
(b) is signed by the person; and
(c) is lodged with and received by the Returning Officer by the close of nominations.
(3) The nomination form may be lodged –
(a) in person; or
(b) by post; or
(c) by fax; or
(d) by email (as a scanned image).
11 Acceptance or rejection of nominations
11 Acceptance or rejection of nominations
(1) The Returning Officer in an election must accept a nomination form for the election if he or she is satisfied that –
(a) the nomination form complies with, and is lodged and received in accordance with, regulation 10 ; and
(b) the person nominated is eligible to be a candidate in the election.
(2) The Returning Officer must reject a nomination for the election if he or she is not satisfied in accordance with subregulation (1) .
12 Candidate statements
12 Candidate statements
(1) A candidate in an election may supply the Returning Officer with a written statement to be distributed with ballot papers.
(2) The written statement must be received by the Returning Officer before the close of nominations for the election.
(3) The statement is not to –
(a) exceed 150 words; or
(b) mention any other candidate unless the signed consent of that other candidate has been received by the Returning Officer together with the statement.
(4) The Returning Officer, interfering as little as possible with the content of the written statements received, may –
(a) edit any or all of those written statements to make them consistent in style and layout and to correct any errors in spelling; and
(b) shorten to the required length any written statement that does not comply with subregulation (3)(a) ; and
(c) remove any mention of any other candidate if the signed consent of that other candidate has not been received.
13 Withdrawal of nomination
13 Withdrawal of nomination
A candidate in an election may withdraw his or her nomination at any time before the close of nominations by giving the Returning Officer signed notice of the withdrawal.
Division 4 Conduct of ballots
Division 4 Conduct of ballots
14 When are ballots required?
14 When are ballots required?
If, on the close of nominations for an election, the number of nominations accepted by the Returning Officer is more than the number of positions to be filled at that election, the Returning Officer must conduct a ballot.
15 Persons eligible to participate in ballots
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.
16 Limit on number of votes
16 Limit on number of votes
(1) Except as provided by regulation 15(1) , each person who is eligible to vote in an election is only entitled to cast one vote in that election, regardless of how many parcels of land they may own or occupy or how many licences or rights to take water they may hold.
(2) However, subregulation (1) is not to be taken as preventing an adult who is eligible to vote in an election in his or her own right from –
(a) also being nominated to exercise a voting right for and on behalf of a corporation in the same election; or
(b) if so nominated, exercising that corporate voting right in addition to his or her personal voting right.
17 Electoral rolls
17 Electoral rolls
(1) The Returning Officer in an election is to –
(a) fix a date and time for the close of the electoral roll; and
(b) prepare, in accordance with this regulation, an electoral roll of the persons to whom ballot material is to be posted or delivered; and
(c) make that electoral roll available for inspection by any person for the purposes of the election.
(2) In the case of an election for a trust established to administer a water district for which irrigation rights have been issued –
(a) the chairperson of the trust must, on request, provide the Returning Officer with –
(i) a certified list of the persons who are eligible to vote in the election as at the close of the roll; and
(ii) any other information that the Returning Officer reasonably requires; and
(b) the certified list so provided becomes the electoral roll.
(3) In the case of an election for a trust established to administer a water district for which irrigation rights have not been or are not to be issued –
(a) the general manager of the municipal area in which the water district is located must, on request, provide the Returning Officer with –
(i) a certified list of the persons owning land in the water district as at the close of the roll; and
(ii) any other information that the Returning Officer reasonably requires; and
(b) the certified list so provided becomes the electoral roll.
(4) In the case of an election for a trust established to administer a water management plan –
(a) the Minister must, on request, provide the Returning Officer with –
(i) a certified list of the persons who are eligible to vote in the election, according to the register kept under section 12 of the Act, as at the close of the roll; and
(ii) any other information that the Returning Officer reasonably requires; and
(b) the certified list so provided becomes the electoral roll.
(5) A person must not make or use a copy of an electoral roll or any part of an electoral roll except for the purposes of an election.
Penalty: Fine not exceeding 10 penalty units.
(6) In this regulation –
certified list means a list certified by its provider as being true and correct;
close of the roll means the date and time fixed under subregulation (1)(a) .
18 Ballot papers
18 Ballot papers
(1) Subject to this regulation, ballot papers for an election are to be prepared and printed in a form approved by the Electoral Commissioner.
(2) The order in which the candidates' names are to be printed on the ballot papers is to be determined by lot.
(3) A ballot paper is to –
(a) have a blank box next to the name of each candidate; and
(b) contain directions to the effect that the elector will be taken to have cast a vote for a candidate if he or she places an "X" in the box next to that candidate's name, and that the elector may, by that means, vote for as many candidates as the number to be elected (but not more).
19 Polling period
19 Polling period
(1) The Returning Officer in an election is to fix –
(a) the date on which ballot papers are posted to eligible electors; and
(b) the date and time of the close of the ballot.
(2) The ballot papers are to be posted to eligible electors at least 14 clear days before the close of the ballot.
20 Ballot material to be posted to electors
20 Ballot material to be posted to electors
(1) When conducting an election, the Returning Officer is to post or deliver the following material to each elector at the address of the elector shown on the electoral
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