South Australian Consolidated Acts South Australian Consolidated Acts4—Provisions relating to irrigation districts
(1) Where the whole or
part of an irrigation district under the Irrigation Act 1994 comprises
part of the Scheme Area and there are no water allocations under that Act in
respect of any of the irrigated properties (within the meaning of that Act)
comprising the district (or the part of it that is within the Scheme Area) or
water allocations do exist in respect of some of those properties but not all
of them, the following provisions apply—
(a) the
irrigation authority for the irrigation district is a member of the Trust if a
waterlogging and salinity risk management allocation is attached to the
irrigated land of the district; and
(b) the
irrigation district (or the part of it within the Scheme Area) will be taken
to be an irrigated property owned by the irrigation authority; and
(c) the
irrigated properties (within the meaning of the Irrigation Act 1994 )
comprising the irrigation district (or the part of it within the Scheme Area)
are not irrigated properties for the purposes of this Act; and
(d) each
of the owners of the irrigated properties (within the meaning of the
Irrigation Act 1994 ) comprising the irrigation district (or the relevant
part of it) will be taken not to own their respective properties but to be an
occupier of the property concerned in addition to any other person in actual
occupation of the property.
(2) Subject to
subsection (3), where the whole or part of an irrigation district under
the Irrigation Act 1994 comprises part of the Scheme Area and water
allocations exist under that Act in respect of all of the irrigated properties
(within the meaning of that Act) comprising the district (or that part of the
district that is within the Scheme Area), the following provisions
apply—
(a) the
irrigation authority for the irrigation district is not a member of the Trust;
and
(b) the
irrigated properties comprising the irrigation district (or the relevant part
of it) are irrigated properties for the purposes of this Act as though the
irrigation district did not exist; and
(c) the
owners of those properties to which, or to part of which, a waterlogging and
salinity risk management allocation is attached under this Act are members of
the Trust.
(3) Where
subsection (1) applies in relation to an irrigation district under the
Irrigation Act 1994 and water allocations are subsequently fixed under
that Act so that water allocations exist under that Act in respect of all of
the irrigated properties under that Act comprising the district (or the
relevant part of it), subsection (1) will continue to apply in relation
to the district until the expiration of three months (or such longer period as
is fixed in the notice) after the irrigation authority for the district has
served written notice on the Trust that subsection (2) will apply to the
irrigation district instead of subsection (1).
(4) Where
subsection (2) applies to an irrigation district in pursuance of a notice
under subsection (3), the waterlogging and salinity
risk management allocation attached to each of the categories of
irrigated land comprising the district will be divided between the irrigated
properties (comprising the district) that include the relevant category of
land in proportion to the water allocations under the Irrigation Act 1994
of the properties concerned.
(5) For the purposes
of this Act, land may comprise an irrigated property within the meaning of the
Irrigation Act 1994 despite the fact that a water allocation does not
apply to the property under that Act (see the
definition of "irrigated property" in section 4(1) of the Irrigation
Act 1994 ).