South Australian Repealed Acts

This legislation has been repealed.

IRRIGATION ACT 1994 - SECT 14A

14A—Disposal of property etc on dissolution

        (1)         On the dissolution of a trust under section 13 or 14 the property, rights and liabilities of the trust vest in or attach to an irrigation trust specified for that purpose by the Minister in the notice of abolition.

        (2)         If in the opinion of the Minister it is not practicable or appropriate to vest the property and rights, or attach the liabilities, of a dissolved trust in or to another trust, the property, rights and liabilities of the trust will, subject to subsection (3) vest in or attach to the Crown.

        (3)         On the dissolution of a trust in relation to which this subsection applies—

            (a)         the owners of the land (including land that has ceased to be an irrigated property) that comprised the trust's district immediately before its abolition are entitled to the property and rights of the trust; and

            (b)         the liabilities of the trust attach directly to the owners of the land referred to in paragraph (a) jointly and severally; and

            (c)         in the case of a trust dissolved under section 13, the owners of the land are entitled to the property and rights of the trust and must contribute to its liabilities in the proportions specified in the notice of abolition; and

            (d)         in the case of a trust dissolved under section 14, the owners of the land are entitled to the property and rights of the trust and must contribute to its liabilities in proportion to the respective water allocations of the irrigated properties comprising the district immediately before its abolition.

        (4)         Subsection (3) applies in relation to—

            (a)         a trust that—

                  (i)         was in existence at the commencement of the Irrigation (Dissolution of Trusts) Amendment Act 1998 ; and

                  (ii)         within six months after the commencement of that Act, serves on the Minister notice in writing declaring that subsection (3) is to apply in relation to it;

            (b)         a trust that comes into existence after the commencement of the Irrigation (Dissolution of Trusts) Amendment Act 1998 and that, within 6 months after it comes into existence, serves on the Minister notice in writing declaring that subsection (3) is to apply in relation to it.

        (5)         A declaration by a trust under subsection (4)(a) or (b) cannot be withdrawn or revoked.

        (6)         The Minister must maintain a list of all trusts in relation to which subsection (3) applies and must make the list available for public inspection.

        (7)         In this section—

"notice of abolition" means—

            (a)         in relation to a trust dissolved under section 13—the public notice granting the application for abolition of the trust's district under that section;

            (b)         in relation to a trust dissolved under section 14—notice of abolition of the trust's district under that section.