South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"authorised officer" means a person for the time being appointed to be an
authorised officer under this Act;
"board of management" or "board" means the board of management of the trust;
"channel" includes a watercourse;
"charging period" means the period in relation to which the trust has declared
a water supply charge;
"Commonwealth water rules" means any rules under Part 4 of the Water Act 2007
of the Commonwealth;
"conveyance water" means the water necessary to support the delivery of water
through an irrigation system;
"council" means a council constituted under the Local Government Act 1999
;
"director" means a person holding office as a member of the
board of management of the trust;
"drain" includes to pump water from low lying land;
"drainage system" means a system of channels, pipes, structures, fittings and
equipment used in the drainage of irrigation water from land and includes a
tank, pond, dam or other facility for holding water that is connected to such
a system;
"drainage system provided by a landowner" means those parts of a
drainage system—
(a) that
have been provided by a landowner, or a predecessor of a landowner; or
(b) in
relation to which a landowner, or a predecessor of a landowner, has assumed
responsibility for maintenance; or
(c) that
a landowner is liable to maintain pursuant to an agreement or arrangement with
the trust;
"drainage system provided by the trust" means those parts of a drainage system
that are not parts of the drainage system provided by a landowner;
"irrigation right" means an entitlement fixed by the trust under Part 4
Division 3;
"irrigation system" means a system of channels, pipes, structures, fittings
and equipment used in the collection and delivery of water for irrigating land
and includes a tank, pond, dam or other facility for holding water that is
connected to such a system;
"irrigation system provided by a landowner" means those parts of an
irrigation system—
(a) that
have been provided by a landowner, or a predecessor of a landowner; or
(b) in
relation to which a landowner, or a predecessor of a landowner, has assumed
responsibility for maintenance; or
(c) that
a landowner is liable to maintain pursuant to an agreement or arrangement with
the trust;
"irrigation system provided by the trust" means those parts of an
irrigation system that are not parts of the irrigation system provided by a
landowner;
"irrigation water" means water supplied or delivered through the use of an
irrigation system provided by the trust for irrigating land;
"land" includes an interest in land;
"landowner" means an owner or occupier of land;
"local newspaper", in relation to a notice that relates to the trust, means a
newspaper circulating in the locality in which an irrigation or
drainage system provided by the trust is situated;
"owner" of land means—
(a) in
relation to land alienated from the Crown by grant in fee simple—the
holder of the fee simple;
(b) in
relation to land held under a Crown lease or licence—the lessee or
licensee;
(c) in
relation to land held under an agreement to purchase from the Crown—the
person entitled to the benefit of the agreement;
"presiding member"—see section 17;
"public notice" means a notice published in a local newspaper;
"serviced property" means land—
(a) that
is used to carry on the business of primary production and is managed as a
single undertaking for the purpose of carrying on that business; and
(b) that
is connected to an irrigation or drainage system provided by the trust under
this Act;
"trust" means the Renmark Irrigation Trust;
"voting member" means a member of the trust who is entitled to vote at
meetings of the trust;
"watercourse" means a river, creek or other natural watercourse (whether
modified or not);
"water licence" means a water licence under the Natural Resources Management
Act 2004 entitling the holder to take water from a watercourse, lake or
well.
(2) If an irrigation
or drainage system extends to a point on land or on, or near the boundary of,
land and incorporates a valve, slide gate, sluice, entry sump or other similar
fitting at that point through which irrigation water can be supplied to the
land or water can be drained from the land, the land will be taken to be
connected to the irrigation or drainage system.
(3) If the trust reads
a meter within 14 days before or after the end of a charging period, the
quantity of water supplied to the land during that period and the next
succeeding charging period will be determined on the assumption that the
reading had been taken on the last day of the first mentioned charging period.
(4) For the purposes
of this Act, 21 days notice of an intention to propose a resolution of the
trust will be taken to have been given if 21 days or more before the
resolution is passed written notice is given to every member of the
trust—
(a)
setting out the text of the proposed resolution; and
(b)
specifying the time and place of the meeting at which it is proposed to move
the resolution.