Irrigation Act 2009 (SA)

South Australia Irrigation Act 2009 An Act to provide a framework for the management and operation of shared infrastructure for irrigation or drainage purposes associated with primary production in the State; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Establishment, amalgamation and dissolution of trusts Division 1—Establishment of trust 4 Application to establish a trust 5 Establishment of trust 6 Rules 7 Manner in which contracts may be made Division 2—Members 8 Members (including presiding member and deputy presiding member) 9 Rights and liabilities of membership 10 Calling of meetings 11 Procedures at meetings 12 Voting at meetings Division 3—Amalgamation of trusts 13 Amalgamation of trusts Division 4—Dissolution of trusts 14 Dissolution on application 15 Dissolution on Minister's initiative Part 3—Management of trusts Division 1—Board of management 17 Board of management 18 Delegation Division 2—Accounts and audit 19 Accounts to be kept 20 Preparation of financial statements 21 Accounts etc to be laid before annual general meeting Division 3—Committees 22 Committees Part 4—Functions and powers of irrigation trusts Division 1—Functions of trusts 23 Functions of trusts Division 2—Powers of trusts 24 Powers of trusts 25 Further powers of trusts 26 Delivery of water or supply of drainage to other persons 27 Supply or delivery of water for other purposes 28 Drainage of other water Division 3—Irrigation rights, water entitlements and trading 29 Fixing of irrigation rights 30 Surrender or transfer of water available under irrigation rights 31 Surrender or transfer of irrigation rights 32 Transformation of irrigation rights 33 Trust may determine to devolve water licence 34 Promotion of water trades Division 4—Other matters 35 Power to restrict supply or to reduce water made available by trust 36 Power of delegation 37 Appointment of authorised officers 38 Powers of authorised officers 39 Hindering etc persons engaged in the administration of this Act Part 5—Protection and facilitation of systems 40 Protection and facilitation of systems Part 6—Charges for irrigation and drainage Division 1—Declaration of charges 41 Charges 42 Declaration of water supply charges 43 Minimum amount 44 Drainage charge 45 Determination of area for charging purposes 46 Interest 47 Notice of resolution for charges 48 Minister's approval required 49 Related matters Division 2—Recovery of charges 50 Liability for charges 51 Recovery rights 52 Sale of land for non‑payment of charges 53 Trust may remit interest and discount charges Part 7—Financial provisions 54 Trust's power to borrow etc Part 8—Appeals 55 Appeals 56 Decision may be suspended pending appeal 57 Appeal against proposal to dissolve trust 58 Constitution of Environment, Resources and Development Court Part 9—Miscellaneous 59 Protection from liability 60 Division of land 61 False or misleading information 62 Protection of irrigation system etc 63 Unauthorised use of water 65 General defence 66 Proceedings for offences 67 Evidentiary provisions 68 Service etc of notices 69 Excluded matters 70 Regulations Schedule 1—Transitional provisions Part 4—Transitional provisions 4 Interpretation 5 Continuation of trusts 6 Presiding member and deputy presiding member 7 Boards of management 8 Resolutions 9 Voting at meetings 10 Irrigation rights 11 Charges and rates 12 Disposal of property on dissolution—special arrangements 13 Other provisions Legislative history