Our Scheme

The Cox Peninsula Community Government Scheme came into force at 11 June 1998.

Community Government Area

The community government area is administered by the Cox Peninsula Community Government Council. The area governed covers approximately 562 hectares near Mandorah in the Northern Territory.

Members of Council

The council consists of 7 members, including a President and a Vice-President, who are declared or elected in the manner provided by this scheme. The term of office of a member expires upon the declaration of the result of the next election. The office of a member becomes vacant if the member ceases to be enrolled as an elector.

President and Vice-President of Council

The Council has a President and a Vice-President, who are elected by the members at their first meeting after an election and whenever else it may be necessary.

The President and Vice-President can resign at any time by giving notice in writing to the clerk and either position will become vacant if its holder ceases to be a member of the council.

If the President's position becomes vacant due to a resignation, the Vice-President acts in his position and may also perform functions, exercise powers and discharge the duties of the President when he is absent from the community government area or any meeting of the council.

Meetings of Council

The council must hold a meeting at least once a month. The date and time of a council meeting is decided either at a previous meeting, by the clerk or by the Minister for Local Government.

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

A minimum of 3 members or 6 electors, may seek a special meeting of the council, in writing and stating the reasons for the request. The President must then call the meeting no later than 7 days after the day the request is received and members are then notified accordingly.

When a special meeting is to be held, the clerk must display a written notice of the meeting in a place that he considers likely to be frequented by residents.

Where a member is absent from 3 consecutive meetings of the council, without the prior consent of the council or for reasons that the council does not accept as satisfactory, the council may declare that he is no longer a member and his office becomes vacant.

Proxies

A member proposing to be absent from a meeting of the council may authorise an elector to attend the meeting in his or her place to exercise the member's powers at the meeting (including the power to vote) on the member's behalf.

Meetings to be Open

Meetings of the council are open to the public unless the council determines that a meeting, or part of a meeting, is to be closed.

Procedure at Meetings of Council

Meetings of the council are presided over by the President, or in his absence, the Vice-President. If both of them are absent, a member chosen by the other members will Chair the meeting.

The council determines its own procedure at meetings subject to any standing orders it may make from time to time.

The council keeps a record of its proceedings.

The quorum for a meeting of the council is the majority of members then in office.

Matters at a council meeting are decided by a majority of the votes of the members then in office and, in the event of an equality of votes, the matter is defeated.

Functions

The council can perform the following functions:

• the establishment and maintenance of parks, gardens and recreational areas and the carrying out of landscaping and other associated works;

• the establishment and maintenance of sports facilities, swimming pools, libraries and museums, cinemas, community halls, public toilets and ablution blocks;

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

• the establishment and operation of any commercial agency for reward;

• the provision of adult education and vocational and other training;

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

• the management of community employment programs;

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

• the prevention and control of substance abuse;

• the provision and maintenance of cemeteries;

• the control, prohibition or impounding of animals;

• 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;

• the provision and maintenance of airstrips, wharves, barge landings and related facilities;

• 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;

• 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;

• the establishment and operation of commercial enterprises;

• the establishment and maintenance of a firefighting service, including the acquisition of property and equipment and training of personnel for the service, and the protection of the community government area from fire;

• the promotion and development of tourist attractions, the provision and maintenance of tourist facilities and the production and selling of artefacts and souvenirs;

• the management and control of sites of historic interest, and the support and encouragement of artistic, cultural and sporting activities; and

• the control of public places.
  

Powers

All land within the community government area is rateable, except for the land declared not rateable under section 58 (2) of the Local Government Act , and the council may levy rates in relation to it for the purpose of raising revenue to perform its functions.

The council may declare charges to be payable by a person who either holds residence in the community government area, carries on a business in the area or has an interest in rateable land in the area, whether or not that person uses any service provided.

Eligibility to Vote at Elections

A person is eligible to vote at a council election if he is enrolled as an elector within the meaning of the Electoral Act , and has, for at least 3 months before the closure of the roll, either resided in the community government area or had an interest in rateable land in the area.

Electoral Roll

The clerk must maintain an electoral roll of the full names and addresses of persons who are eligible to vote at elections.

A resident or elector may inspect the electoral roll at the office of the council when the office is open.

A person who is otherwise eligible but is not enrolled may apply for enrolment in such manner as the clerk approves.

The clerk shall close the electoral roll at 12 noon on the day occurring 22 days before election day.

Notice of Elections

The clerk must give at least 28 days notice that an election is to be held. An election notice must be prominently displayed at such locations in the community government area, which are likely to ensure that all residents may view the notice and it must also be published in a newspaper circulating in the Northern Territory.

Nominations

A person is eligible for nomination as a member of the council if he or she is eligible to vote.

By lodging a written nomination with the clerk, a person who is enrolled as a voter may nominate a person for election as a member of the council.

The clerk will not accept a nomination unless he is satisfied that the proposed candidate is identified, eligible to be nominated and has consented to the nomination.

A candidate may withdraw his consent to his nomination at any time before the close of nominations.

Nominations of candidates for election close at 12 noon on the day, 15 days before election day.

After nominations have closed, the clerk must display a list of the names of the candidates in the same places as the election notice and have the list published in a newspaper circulating in the Northern Territory.

Declaration or Election of Members

Where at the close of nominations, not more than 7 persons have been nominated as candidates, the clerk will declare the candidates to be members of the council by a notice displayed in the same places as the election notice and published in a newspaper circulating in the Northern Territory.

Hours of Polling

The clerk must ensure that the polling place is open for voting between the hours of 8 a.m. and 4 p.m. on the day of an election.

Postal Voting

A person whose name appears on an electoral roll who is ill, infirm or for religious reasons unable to attend a polling place or will be absent from the community government area during the hours when the polling places will be open, may apply in person or in writing to the clerk for a postal ballot-paper.

Declaration of Result

The clerk must, as soon as practicable after the votes have been counted, declare the result of the election by a notice displayed at the same locations as the election notice and published in a newspaper circulating in the Northern Territory.

 
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