Council Elections are to be held on September 8th 2012. If you own property in the Berrigan Shire but you are not a resident you may qualify to vote at the Council elections but you must register as a non- resident elector.
In order to qualify for enrolment on the non-residential roll as a non-resident owner, a person must be an owner or nominated by the owner or owners of rateable land in a ward of the area. Rateable land means land that is rateable to an ordinary rate or a special rate, or both.
A person is not an owner of rateable land if the land is a lot in a strata plan that is registered under the Strata Titles (Freehold Development) Act, 1973 or the Strata Titles (Leasehold Development) Act 1986 and is provided only for the purpose of parking a motor vehicle.
Under section 281(3) of the Local Government (General) Regulations 1995 a statement and signature of an eligible witness is required.
Who is an “owner of rateable land”? (Refer to Section 270 of the Local Government Act 1993)
A person is the owner of rateable land if:-
(a) the person is not a corporation, is the sole owner of the rateable land and does not own it as trustee; or
(b) the person is not a corporation, is a joint or several owner of the rateable land and is nominated in writing as an elector by the only other owner of the land, or by a majority of all the owners of the land; or
(c) the person is not a corporation, is not a nominee under paragraph (b) and is nominated in writing as an elector by a corporation which is the owner, or by trustees who are the owners, of the land; or
(d) the person is a lessee of the land from the Crown and the land is rateable Crown land.
If more than one person is the owner of the same parcel of rateable land, only one of those persons is entitled to be enrolled as an elector for a ward.
If a corporation or trustees or joint or several owners own more than one parcel of land in an area, it or they can nominate a person as the owner of rateable land in respect of one of those parcels only.
If two or more persons apply to be enrolled as an elector for a ward as owners of the same parcel of rateable land, and they do not nominate one of their number to be so enrolled, the General Manager of the Council may nominate one of them as an elector.
Who is an "occupier" or "ratepaying lessee"? (Refer to Section 271 of the Local Government Act 1993)
A person is an occupier of rateable land if the person has a legally enforceable right to continuous occupation of rateable land (jointly or severally, but not as owner or ratepaying lessee) for not less than 3 years following the relevant date.
A person is a ratepaying lessee of rateable land if the person is jointly or severally liable, under a lease in writing or other document of title relating to the land, to pay to any person the whole or any part of any rates that may, during the 3 years following the relevant date, be made or levied in respect of the land.
If there is more than one occupier or ratepaying lessee of the same parcel of rateable land, only one of them is entitled to be enrolled as an elector for a ward.
If a corporation is or trustees are, or joint or several occupiers or ratepaying lessees are, occupiers or ratepaying lessees of more than one parcel of land in an area it or they can nominate a person as the occupier or ratepaying lessee in respect of only one of those parcels.
Relevant Date (refer to Section 271(5) of the Local Government Act 1993)
If the claim is for inclusion on the roll, the relevant date is the date on which the claim for enrolment is made.
Roll of non-resident owners of rateable land or the roll of occupiers and ratepaying lessees (refer to Sections 299 and 300 of the Local Government Act 1993)
The roll of non-resident owners of rateable land and the roll of occupiers and ratepaying lessees lapses after the election for which it is prepared as it consists only of the names of those non resident owners of rateable land or those occupiers and ratepaying lessees who have applied for the inclusion of their names for the purpose of the relevant election.
Enrolment if qualified in more than one respect (Refer to Sections 268 and 304 of the Local Government Act 1993)
A person may not, in respect of the same ward, be enrolled more than once in a roll of electors.
A person who is qualified for enrolment in respect of more than one ward of an area may be enrolled only in respect of the ward for which the person is qualified as a resident or, if the person is not so qualified:
(a) the ward specified in a notice given by the person to the General Manager before the closing date for the election; or
(b) if no such notice is given, a ward chosen by the General Manager.
Overall a person cannot vote more than once in any Local Government Area.
Application to enrol as non-resident elector.