South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"category" in relation to land means the category of the land prescribed by
regulation;
"contribution year" means the period of 12 months from 1 October to the
following 30 September;
2000/2001 contribution year means the period—
(a)
commencing on a date (whether falling in the year 2000 or 2001) to be fixed by
the Minister, by notice in the Gazette; and
(b)
ending on 30 September 2001;
"disposal basins" means basins used, or intended to be used, to hold water
pumped from the ground water mound and from underground water lying above the
layer of Blanchetown Clay in the Scheme Area for the purpose of disposal by
evaporation and seepage;
"disposal capacity of the Scheme" means the capacity of the Scheme
infrastructure to pump water into the disposal basins and the capacity of the
disposal basins to hold water;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"electricity transmission lines" includes—
(a)
cables for the transmission of electricity; and
(b)
posts, pylons, pipes and equipment for carrying or laying electricity cables
over or under land; and
(c)
transformers and other equipment required for the transmission and use of
electricity;
"ERD Court" means the Environment, Resources and Development Court;
"the ground water mound" means the underground water in the Loxton Sands and
the Murray Group Limestone aquifers the upper level of which has been raised
to the shape of a mound by irrigation;
"irrigated land" means land that—
(a) is
within the Scheme Area and comprises the whole or part of an
irrigated property; and
(b) is,
or has in the past been, subject to irrigation with water taken pursuant to a
water licence or water allocation under the Natural Resources Management
Act 2004 ;
"irrigated property" means a property the whole or part of which is situated
in the Scheme Area and—
(a) is,
or has in the past been, irrigated wholly or partly with water taken pursuant
to a water licence or water allocation under the Natural Resources Management
Act 2004 ; and
(b) is,
or has in the past been, used to carry on the business of primary production
or some other enterprise and is, or has in the past been, managed as a single
unit for that purpose (whether the land comprising the property is a single
parcel or is made up of a number of parcels physically separated from each
other);
"irrigation authority" means—
(a) in
the case of a private irrigation district under the Irrigation Act 1994
—the irrigation trust for that district;
(b) in
the case of a government irrigation district under that Act—the Minister
for the time being administering that Act;
"irrigation declaration" means a declaration by the owner of an
irrigated property under section 54;
"member of the Trust"—see section 5;
"Minister for Natural Resources Management" means the Minister who has
responsibility for the administration of the Natural Resources Management
Act 2004 ;
"Murray-Darling Basin Agreement" means the Murray-Darling Basin Agreement, a
copy of which is set out in Schedule 1 of the Water Act 2007 of the
Commonwealth, as in force from time to time;
"owner" of land means—
(a)
where the land has been granted in fee simple—
(i)
in the case of land that is subject to a life
estate—the holder of the life estate;
(ii)
in any other case—the holder of the estate in fee
simple in the land;
(b)
where the land is held from the Crown under lease or licence—the lessee
or the licensee;
(c)
where the land is held from the Crown under an agreement to purchase—the
person who has the right to purchase;
"relative" in relation to a person means the spouse, domestic partner, parent
or remoter lineal ancestor, son, daughter or remoter issue or brother or
sister of the person;
"risk" in relation to land means the risk of waterlogging or salinisation of
that land or other land resulting from irrigation of the firstmentioned land;
"risk management allocation"—see section 40;
"the Scheme" means the scheme established by this Act—
(a) to
pump water into the disposal basins from the ground water mound and from
underground water lying above the layer of Blanchetown Clay in the Scheme
Area; and
(b) to
drain water from the underground water lying above the layer of Blanchetown
Clay in the Scheme Area into the ground water mound; and
(c) to
pump water from the underground water lying above the layer of Blanchetown
Clay in the Scheme Area to land on which it will be used for irrigation;
"Scheme Area" means the area shown in Schedule 1;
"Scheme infrastructure" means the system of wells, pipes, pumps, tanks and
other infrastructure (including electricity transmission lines) used, or to be
used, for the purposes of the Scheme (but does not include disposal basins);
"spouse"—a person is the spouse of another if they are legally married;
"the Trust" means the Qualco-Sunlands Ground Water Control Trust established
by this Act;
"water disposal easement"—see Part 4;
"water licence" means a water licence granted under the Natural Resources
Management Act 2004 ;
"waterlogging and salinity risk management allocation —see
section 40;
"water usage year" means the period of 12 months from 1 July to the following
30 June;
"well" means—
(a) an
opening in the ground excavated for the purpose of obtaining access to
underground water;
(b) an
opening in the ground excavated for some other purpose that gives access to
underground water;
(c) a
natural opening in the ground that gives access to underground water.
(2) Subject to
subsection (3), where two or more irrigated properties are managed by the
same person or by different persons who are associates (see
subsection (4)), the properties will be taken to constitute a single
irrigated property for the purposes of this Act.
(3) If, on the
application of one or more of the persons referred to in subsection (2),
the Trust is satisfied that one or more of the properties referred to in that
subsection is managed as a single unit separately from the other or others,
the Trust must declare the property to be an irrigated property separate from
the other or others for the purposes of this Act.
(4) A person is an
associate of another person if—
(a) a
relationship of a kind referred to in subsection (5) exists between them;
or
(b) they
are linked by a series of relationships of a kind or kinds referred to in
subsection (5) through one or more other persons.
(5)
Subsection (4) applies in relation to the following kinds of
relationships:
(a) the
relationship between relatives;
(b) the
relationship between a guardian and a child or a guardian and a protected
person;
(c) the
relationship between partners;
(d) the
relationship between employer and employee;
(e) the
relationship where one person is bound to, or usually does, act in accordance
with the directions, instructions or wishes of another person;
(f) the
relationship between a body corporate and an executive officer of the body
corporate;
(g) the
relationship between a body corporate and a person who is in a position to
control or influence the activities of the body corporate;
(h)
fiduciary relationships.
(6) Where—
(a) land
in the Scheme Area is irrigated with underground water supplied by the Trust
under a scheme to reuse underground water for irrigation; and
(b) at
times when underground water is scarce the Trust uses water taken pursuant to
a water licence or water allocation under the Natural Resources Management
Act 2004 to meet its obligations to supply water to the land,
the use of water taken pursuant to a water licence or water allocation for
that purpose will not be taken into account in determining whether the land is
an irrigated property for the purposes of this Act.
(7) For the purposes
of this Act—
(a) a
water usage year corresponds to the contribution year that commences during
the water usage year; and
(b) a
contribution year corresponds to the water usage year that ends during the
contribution year.
(8) In this Act, a
reference to "contribution year" includes a reference to the 2000/2001
contribution year.
(9) The first
water usage year for the purposes of this Act is the period of 12 months from
1 July 2000 to 30 June 2001.