South Australian Consolidated Acts

RENMARK IRRIGATION TRUST ACT 2009 - SCHEDULE 1

Schedule 1—Related amendments, repeals and transitional provisions

Part 1—Preliminary

1—Amendment provisions

In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Natural Resources Management Act 2004

2—Insertion of section 169B

After section 169A insert:

169B—Interaction with Renmark Irrigation Trust Act 2009

        (1)         The Minister may allocate water transferred by RIT to a person or other body under section 31 of the Renmark Irrigation Trust Act 2009 to a person or body holding a water licence under this Act to give effect to the operation of that section.

        (2)         The Minister may—

            (a)         grant a water licence to a person whose irrigation right is being transformed into a water licence under section 33 or 34 of the Renmark Irrigation Trust Act 2009 unless the Minister considers that the water licence should not be granted on a ground that applies under Part 3 Division 1;

            (b)         make adjustments to a water licence already held by a person whose irrigation right is being transformed into a water licence under section 33 or 34 of the Renmark Irrigation Trust Act 2009 on account of that transformation.

        (3)         This section does not limit the operation or effect of any other provision of this Act.

        (4)         A fee (if any) prescribed by the regulations is payable in respect of any action taken by the Minister under this section (and the Minister may decline to take the action unless or until the fee is paid).

        (5)         In this section—

RIT means the Renmark Irrigation Trust.

Part 3—Repeal of Act

3—Repeal of Act

The Renmark Irrigation Trust Act 1936 is repealed.

Part 4—Transitional provisions

4—Interpretation

In this Part—

relevant day means the day on which this Part comes into operation;

repealed Act means the Renmark Irrigation Trust Act 1936 .

5—Members

A person who is a ratepayer under the repealed Act immediately before the relevant day will be taken to be a member of the trust on the relevant day.

6—Presiding member and deputy presiding member

        (1)         The person who is the chairperson of the trust immediately before the relevant day will be taken to be the presiding member of the trust and of the board of management of the trust on the relevant day.

        (2)         The person who is the deputy chairperson of the trust immediately before the relevant day will be taken to be the deputy presiding member of the trust and of the board of management of the trust on the relevant day.

7—Directors

        (1)         A person who is a member of the trust under section 10 of the repealed Act immediately before the relevant day will be taken to be a director of the trust on the relevant day.

        (2)         Those persons within the ambit of subclause (1) who were due to retire at the next annual general meeting of the trust under the repealed Act will hold office until the first annual general meeting of the trust under this Act (and are eligible for re-election at that meeting).

8—Resolutions

        (1)         Any resolution of the trust in force and effect immediately before the relevant day will continue to have effect for the purposes of this Act on and after the relevant day.

        (2)         A resolution under subclause (1) may be varied or revoked on or after the relevant day by—

            (a)         the trust; or

            (b)         the board of management of the trust.

9—Irrigation rights

        (1)         Until otherwise resolved by the trust, an allocation of water to which a ratepayer is entitled under the repealed Act immediately before the relevant day will constitute the irrigation right of the ratepayer as a member of the trust under this Act.

        (2)         Subclause (1) operates subject to the conditions of the trust's water licence and any reduction in allocations imposed under the Natural Resources Management Act 2004 or the Commonwealth water rules.

10—Charges and rates

A charge, rate or liability to pay interest, as it exists immediately before the relevant day, and any process to impose or recover the charge, rate or interest, will continue to have effect under this Act.

11—Other provisions

        (1)         The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.

        (2)         A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.

        (3)         To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

            (a)         decreasing the person's rights; or

            (b)         imposing liabilities on the person.

        (4)         The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.