South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
14—Abolition of district on Minister's initiative
(1) The Minister may
abolish a private irrigation district in accordance with this section
if—
(a) in
the Minister's opinion the trust of the district—
(i)
is unable to carry out its functions properly because of
disagreements between its members; or
(ii)
is not carrying out its functions properly for any other
reason; or
(iii)
without limiting the generality of subparagraphs (i)
and (ii), is not properly maintaining the irrigation and drainage systems
provided by it; or
(b) the
trust is unable to pay its debts as they fall due; or
(c) the
trust has failed to comply with a provision of this Act; or
(d) in
the case of a district formed by merger under Part 3 Division 2 or on
conversion from a government irrigation district under Part 4, the trust has
failed to comply with or has contravened a term or condition on which the
application for the merger or conversion was granted.
(2) The Minister must
serve notice on a trust of his or her intention to abolish its district under
this section setting out the grounds for the proposed abolition and inviting
the trust to make written submissions to the Minister in relation to the
proposal.
(3) The Minister must
take into account submissions made under subsection (2).
(4) The Minister may
serve notice of abolition of the district on the trust if—
(a)
three months have passed since the notice referred to in subsection (2)
was served on the trust; and
(b) one
(or more) of the grounds for abolition of the district referred to in the
notice is still applicable.
(5) The Minister must
publish the notice referred to in subsection (4) in the Gazette and in a
local newspaper.
(6) At the expiration
of three months after service of the notice under subsection (4)—
(a) the
irrigation district is abolished and the trust for the district is dissolved;
and
(b) the
trust's water licence is cancelled.