Western Australian Consolidated Acts Western Australian Consolidated Acts When the members of a
water board are to be elected or are to be appointed by the Governor, the
following provisions shall have effect: —
(1) Except as herein
otherwise provided, every adult person who is liable to be rated in respect of
rateable land within the water area is qualified to be a member:
(2) No person who is
concerned or participates in the profit of a contract with the board, and no
person who is, according to the Interpretation Act 1984 section 13D,
a bankrupt or a person whose affairs are under insolvency laws, and no person
of unsound mind, and no person not qualified as herein required, shall be
capable of being or continuing a member:
(3) A member who for
3 months consecutively absents himself from the meetings of the board
without the leave of the board, shall be disqualified from acting as a member,
and his seat shall become vacant:
(4) A person who acts
as a member without being duly qualified, or after he has become disqualified,
shall be liable to a penalty not exceeding $1 000, and in any proceeding
for the recovery of such penalty the burden of proving qualification shall be
upon the person against whom the proceeding is taken:
(5) When more members
than one are elected or appointed at the same time, the local government or
the Governor, as the case may be, shall then or afterwards declare in what
order the members so elected or appointed shall retire:
(6) A member may
resign his office by writing under his hand addressed to the chairman, and the
resignation shall be complete from the time when it is received by the
chairman:
(7) A member who
retires by rotation or resignation shall be eligible for re-election:
(8) In case of a
vacancy arising from any cause whatsoever, except by periodical retirement, a
member may be elected or appointed to fill the vacancy, and shall be deemed to
have been elected or appointed at the same time as the last holder of the
seat:
(9) A member going out
of office by rotation shall retain his office until his successor is elected
or appointed, and shall then, unless he is re-elected or re-appointed, go out
of office:
(10) Elections of
members shall be held at such time as the Governor prescribes:
(11) In the event of a
local government or 2 or more local governments directed to elect a member or
members, as the case may be, refusing or neglecting to elect a member or
members for one month after the time appointed for the election, or after the
occurrence of an extraordinary vacancy, the Governor may appoint a qualified
person or qualified persons to be a member or members for such local
government or local governments:
(12) A member
appointed by the Governor under the provisions of the last preceding paragraph
shall hold office for the period for which the member who ought to have been
elected would have held office:
(13) If an
extraordinary vacancy occurs within 3 months before the time when the
previous member would have gone out of office, the extraordinary vacancy need
not be filled up:
(14) If a person
elected or appointed as a member refuses or neglects to act, or to attend a
duly convened meeting of the board, all lawful acts and proceedings of the
board shall be as valid and effectual as if they had been done or authorised
by the full board.
[Section 10 amended by No. 113 of 1965
s. 8; No. 54 of 1969 s. 2; No. 110 of 1985 s. 156;
No. 14 of 1996 s. 4; No. 18 of 2009 s. 89.]