New South Wales Consolidated Acts

RURAL LANDS PROTECTION ACT 1998 - SCHEDULE 8

SCHEDULE 8 – Amendment of Act to establish periodic elections

(Section 249)

Note: The amendments made by this Schedule commence on 1 January 2014 (see section 249).

[1] Section 223 Appointment of an initial administrator

Omit “general or” wherever occurring in section 223 (1) (b) and (2) (b).

[2] Schedule 1 Constitution and procedure of State Council and boards of authorities

Omit “general election” from clause 9 (1) (a) (as amended by Schedule 5).
Insert instead “periodic election”.

[3] Schedule 1, clause 15

Omit clause 15 (1) (a). Insert instead:

(a) where vacant positions of directors are filled at a periodic election-within one month, or within such extended period as the State Council allows, after that election, or

[4] Schedule 2 Election or appointment of directors

Omit the definition of "general election" from clause 1.
Insert instead in alphabetical order:

"periodic election" means an election for elected directors of a board held as referred to in clause 7.

[5] Schedule 2, clauses 2, 3, 6 and 8

Omit “general election” wherever occurring.
Insert instead “periodic election”.

[6] Schedule 2, clause 7

Omit the clause. Insert instead:

7 Timing of periodic elections The State Council is to ensure that:

(a) a periodic election is held for each board for the elected director offices falling vacant in 2015 to enable the directors so elected at the election to take office on 1 May 2015, and

(b) periodic elections are subsequently held in every second year after 2015 for the elected director offices falling vacant in those years to enable directors elected at those periodic elections to take office on 1 May in that year.

[7] Schedule 2, clause 9 (1)

Omit the subclause. Insert instead:

(1) Subject to this Schedule and the regulations, the term of office of an elected director of a board expires on the day immediately before the second periodic election held after his or her election as a director.

[8] Schedule 2, clause 10 (2)

Omit the subclause. Insert instead:

(2) However, if the vacation of office occurs within 6 months before the term of office of the elected director concerned would have expired, an election to fill the vacancy must not be held.

[9] Schedule 2, Part 5

Insert after Part 4:

Part 5 - Elections after all elected director positions fall vacant

20 Regulations regarding elections for all elected director positions The regulations may make provision for or with respect to the holding of an election for all elected director positions (for example, after an amalgamation under section 5 or after the appointment of an administrator under section 218) and, specifically, may make provision for the recommencement of a cycle of periodic elections.

[10] Dictionary

Omit the definition of "general election".

[11] Dictionary

Insert in alphabetical order:

"periodic election" -see clause 7 of Schedule 2.