South Australian Consolidated Acts

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GROUND WATER (QUALCO-SUNLANDS) CONTROL ACT 2000 - SECT 5

5—Establishment of the Trust

        (1)         The Qualco-Sunlands Ground Water Control Trust is established.

        (2)         The members of the Trust are the owners for the time being of irrigated properties to which, or to a part of which, a waterlogging and salinity risk management allocation is attached under this Act (if section 4(1) applies to an irrigation authority, the authority is a member of the Trust).

        (3)         The Trust

            (a)         is a body corporate; and

            (b)         has perpetual succession and a common seal; and

            (c)         can sue and be sued in its corporate name; and

            (d)         holds its property on behalf of the Crown; and

            (e)         has the functions assigned to, or conferred on, it by or under this or any other Act; and

            (f)         has all the powers of a natural person in addition to the powers conferred on it by this or any other Act.

        (4)         Where a document appears to bear the common seal of the Trust, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Trust.

        (5)         The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies:

            (a)         the Trust;

            (b)         an act or omission of any person, body or other entity in relation to the Trust.



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