PIRLANGIMPI COMMUNITY GOVERNMENT SCHEME (Repealed)

This reprint shows the Community Government Scheme as in force at 20 September 1994. Any amendments that may come into operation after that date are not included.

The name of this scheme is the Pirlangimpi Community Government Scheme. (See back note 1)

This scheme repeals and replaces the Pirlangimpi Community Government Scheme approved on 5 October 1990 by the Minister for Labour, Administrative Services and Local Government under section 250(1)(b) of the Local Government Act as then in force (which approval was notified in the Gazette on 31 October 1990).

(1) The Pirlangimpi Community Government Council established by the repealed scheme is hereby continued by that name for the administration of the community government area constituted by that scheme, being the area described in subclause (3).

(2) The members of the council in office immediately before the commencement of this scheme shall continue in office for terms expiring immediately before the first election day under this scheme.

(3) The Pirlangimpi community government area comprises those parcels of land at Melville Island in the Northern Territory of Australia being (and outlined in black on the plan in the Schedule) –

(a) the land bounded by lines commencing at the intersection of the centreline of Lamberts River with low water mark at Port Cockburn; thence generally southeasterly by that centreline to its intersection with the meridian of east longitude 1300 26' 30"; thence south by that longitude to its intersection with the parallel of south latitude 110 25' 30"; thence west by that latitude to low water at Port Cockburn; thence by low water mark to the point of commencement;

(b) the land 10 m each side of the line commencing at the intersection of the road to Pularumpi and the meridian of east longitude 1300 26' 30"; thence generally southeasterly by that centreline to its intersection with the road from Paru settlement to Milikapiti; and

"clerk", for the purposes of Part 4 (except clauses 21 and 22), also includes the Chief Electoral Officer and a person appointed to conduct an election under clause 22;

"community group" means a skin group or the group described in clause 5(1) as the non-skin group;

"election day" means a day specified in or fixed under clause 13 for the holding of an election;

"elector" means a member of a community group entitled under clause 12(1) to participate in the election of a member or members of the council from that group;

(1) The council shall consist of 13 members, who shall be elected or appointed in the manner provided by this scheme and shall include 3 persons from and to represent each of the Lorrulla (Stone), Miyartuwi (Pandanus), Takaringuwi (Mullet), Wantarringuwi (Sun or Fire) skin groups and 1 person from and to represent electors who are not members of any of those 4 skin groups ("the non-skin group").

(2) Subject to this scheme, the term of office of a member expires upon the declaration of the results of the next election.

(3) The office of a member becomes vacant if the member ceases to be ordinarily resident in the community government area.

(1) The council shall have a President and a Vice-President, who shall be chosen in that order by the members from among their own number at the council's first meeting after its election and then as occasion may require.

(2) Subject to subclause (3), the President and Vice-President each hold office during the pleasure of the council.

(3) The President and Vice-President may resign as such at any time by notice in writing to the clerk; and the office of either becomes vacant if he or she ceases to be a member of the council.

(4) The Vice-President (or, in the absence of the Vice-President, a member chosen by the council to act temporarily) shall act as President during any vacancy in that office, and, subject to any contrary intention in this scheme, shall also perform the functions, exercise the powers, and discharge the duties of the President when the President is absent from the community government area or from a meeting of the council or is unable to perform the functions of President.

(1) The council shall meet to transact its business not less than once each month.

(2) The date and time of a council meeting shall be as decided by a previous meeting or, in default of that, by the clerk or, where necessary, the Minister or a person authorised by the Minister for the purpose.

(3) The President may call a special meeting of the council by giving at least 2 days notice to the other members.

(4) By giving the President notice requesting a special meeting of the council and stating the reasons for the request, 3 or more members, or 6 or more electors may require the President to call a special meeting of the council, and the President shall call such a meeting for a date not later than 7 days after the day on which the request is received, and shall notify the members accordingly.

(5) Where, under subclause (3) or (4), a special meeting is to be held the clerk shall cause a written notice of the meeting to be prominently displayed in a place which he or she considers likely to be frequented by residents.

(7) A member proposing to be absent from a meeting of the council may authorise in writing an elector belonging to the same community group to attend the meeting in the member's place and, subject to and in accordance with any restrictions or instructions specified in the authorisation, to exercise the member's powers at the meeting (including the power to vote) on his or her behalf.

the council may declare him or her to be no longer a member, and his or her office as such to be vacant.

Meetings of the council shall be open to persons who are not members or officers or employees of the council unless the council determines that a meeting, or part of a meeting, is to be closed.

(1) Meetings of the council shall be presided over by the President, or by the Vice-President in the President's absence, or by a member chosen by the other members in the absence of both the President and the Vice-President.

(2) The council shall determine its own procedure at meetings, subject to any standing orders it may make from time to time.

(4) The quorum for a meeting of the council shall be a majority of members then in office.

(5) Questions before a meeting of the council shall be decided by a majority of the votes of the members then in office and, in the event of an equality of votes, the matter shall be taken to have been defeated.

(a) the establishment, development, operation and maintenance of communication, television and radio broadcasting facilities for the community government area;

(b) the establishment and maintenance of parks, gardens and recreational areas and the carrying our of landscaping and other associated works;

(c) the establishment and maintenance of sports facilities, libraries, cinemas, community halls, public toilet and ablution blocks, laundry facilities, swimming pools and museums;

(d) the provision of services for the collection and disposal of garbage, the provision and maintenance of particular places where garbage may be dumped, and the control of litter generally and the provision and maintenance of sanitation, sewerage, drainage and water supply facilities and the removal of health hazards;

(f) the provision and maintenance of housing for residents and their families on such terms and conditions as the council thinks fit;

(h) the promotion and provision of community welfare, health and care facilities for all age groups;

(l) the development and maintenance of roads within the community government area (including the provision of street lighting and traffic control devices) and, for reward, the development and maintenance of roads outside the community government area;

(m) the provision and maintenance of barge landings and airstrips and related facilities;

(o) the hiring out for reward of any vehicle, plant, appliance or equipment belonging to the council, and the repair and maintenance, for reward, of any vehicle, plant, appliance or equipment not owned by the council and the selling of goods or equipment purchased by the council for or in connection with any enterprise and found to be in excess of the council's immediate needs;

(p) the contracting of works projects (including the provision of services and the maintenance of capital works and undertakings) within or outside the community government area;

(r) the establishment and maintenance of fire fighting services, including the acquisition of property and equipment and training of personnel for the services, and the protection of the community government area from fire;

(t) the promotion and development of tourist attractions and facilities within the community government area and the production and selling of artifacts and souvenirs;

(v) the support and encouragement of artistic, cultural and sporting activities.

(1) Subject to subclause (3), all land within the community government area is ratable, and the council may declare and levy rates in relation to it for the purpose of raising revenue for the performance of its functions.

(2) Land is not ratable by virtue of subclause (2) if it is land of a description which would be exempt from rating by a council of a municipality under section 58(2) of the Local Government Act.

(3) Without limiting the powers of charging conferred on it by section 122(3)(a) of the Act, charges are payable by reason of a person's residence in the community government area, or his or her carrying on a business in the area or having an interest in ratable land in the area, whether that person uses any service provided or not.

(4) The council may exempt land or persons, or any class of persons, from all or part of the rates or charges for which they would otherwise have been liable by virtue of this clause.

(5) The council may, where a group gives its consent, take control of and manage activities of that group which are consistent with the functions of the council.

(6) The council may contract with the Territory or any other person in order to perform any of its functions.

(1) A person is eligible to participate in the election of members of the council if that person is enrolled as an elector within the meaning of the Electoral Act and has ordinarily resided in the community government area for not less than 6 months immediately before election day.

(2) A person is eligible to be elected as a member of the council if that person is enrolled as an elector within the meaning of the Electoral Act and has been ordinarily resident in the community government area for not less than 5 years immediately before election day.

The first election after the commencement of this scheme shall be held on Thursday 27 October 1994, and subsequent elections shall be held annually on a Thursday in October to be determined by the council in sufficient time to allow the electoral process prescribed by this scheme to be carried out.

(1) The clerk shall give not less than 28 days notice before election day that an election is to be held.

(2) An election notice shall be prominently displayed at such places in the community government area as the clerk considers likely to reasonable ensure that all residents who are eligible to vote have notice of the election.

(b) list each community group and the number of members to be elected from each;

and shall, in addition, set out the provisions as to the method of election and notification of results contained in clause 16.

(1) On election day, the electors of each community group shall, by agreement, elect from amongst the eligible persons in that group such number of members of the council as the group is entitled to have represent them.

(2) The results of an election under subclause (1) shall be notified to the clerk not later than 6 pm on election day by a written declaration signed by 2 persons recognised by the clerk as having authority to declare the wishes of the community group.

At 6 pm on election day or as soon as practicable thereafter the clerk shall, by a notice displayed in the same places as the election notice, declare all the persons whose names have been notified in accordance with clause 16(2) to have been duly elected as members of the council.

Not more than 7 days after a declaration under clause 17 the clerk shall forward to the Minister a copy of the notice displayed by the clerk pursuant to that clause.

(1) If it appears to the clerk to be necessary or desirable to do so by reason of –

the clerk may adjourn an election from day to day to a maximum of 21 days beginning with the day fixed by or under this scheme for the election.

(2) The clerk shall take such steps as he or she considers necessary or desirable to inform persons entitled to participate in an election of adjournments under this clause.

(3) Where an election has been adjourned under subclause (1), clauses 3(2), 16 and 17 shall have effect as if references in them to election day were references to the day when the election is finally concluded.

(1) Subject to clause 22, where the office of a member of the council is or becomes vacant for any reason, then –

(a) if the vacancy occurs 6 months or more before the latest date for the holding of the next election the council shall, by resolution, appoint a person who is eligible under clause 12(2) and is of the appropriate community group to fill the vacancy; and

(b) if the vacancy occurs less than 6 months before that date, the council may fill the vacancy by making such an appointment, but shall not be required to do so.

(2) The clerk shall notify the Minister in writing of any appointment made under this clause.

Where a new council is to be elected under this scheme and the clerk is also a member of the existing council, the Minister may appoint another person to perform the functions of the clerk in relation to that election.

(1) If all the members of the council cease to be members, or a quorum is not present on 3 consecutive occasions at the place and within 1 hour after the time specified for a council meeting, the clerk shall be deemed to constitute the council for the purpose of –

(2) Subject to this scheme, when the clerk determines under subclause (1)(a) the date of an election of a new council the date determined shall be as soon as is practicable and, in any case, not later than 3 months after the event giving rise to the determination.

(3) Notwithstanding subclause (2), if the period of 3 months referred to in that subclause expires during the month of October in which a general election of members would otherwise be held, the clerk shall determine the date of the election to be on a day of that month.

(4) The term of office of a council elected under subclause (2) shall expire on the declaration of the result of the next election held pursuant to clause 13.

(5) For the purposes of exercising a power of the council in pursuance of subclause (1)(b), the clerk shall appoint a person who is an elector as an assistant to the clerk,

1. The Pirlangimpi Community Government Scheme, under the Local Government Act, as originally made or replaced and amended, as specified in the following table:

Scheme	Date of approval	Date notified in the Gazette	Date of commencement
Original	7 Sept1984	3 Oct 1984	3 Oct 1984
Replacement	5 Oct 1990	31 Oct 1990	31 Oct 1990
Replacement	19 Sept 1994	20 Sept 1994	20 Sept 1994

Northern Territory Repealed Regulations

PIRLANGIMPI COMMUNITY GOVERNMENT SCHEME