South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
29—Conversion to private irrigation district
(1) Subject to
compliance with the procedures required by this Part, the Minister may convert
a government irrigation district to a private irrigation district by
public notice.
(2) The conversion
takes place in two stages as follows:
(a) a
transitional period, in which the irrigation district remains a
government irrigation district, will commence on publication of the notice and
will conclude on conversion of the district to a private irrigation district;
and
(b)
conversion of the district which will occur on the conversion date fixed by
the notice or, if the notice so provides, by the Minister by public notice.
(3) On commencement of
the transitional period the owners for the time being of the irrigated
properties comprising the land specified in the notice constitute a trust in
accordance with Part 3 Division 3 as if the land were already a
private irrigation district.
(3a) On the conversion
date—
(a) the
land specified in the notice is constituted as a private irrigation district;
and
(b) the
water allocations of the irrigated properties comprising the district in force
immediately before the conversion will continue until varied by the trust.
(4) The notice
may—
(a)
transfer to the trust real or personal property vested in, or any liabilities
attached to, the Minister or the Crown or any instrumentality or agency of the
Crown;
(b)
impose liability on the trust for payment to the Minister or the Crown, or any
instrumentality or agency of the Crown, of an amount in respect of real or
personal property transferred under paragraph (a) or in respect of
capital works or in respect of any other matter and may specify the terms and
conditions for satisfaction of that liability;
(c)
impose such other terms and conditions in relation to the conversion as the
Minister thinks fit.
(4a) Without limiting
subsection (4), the notice may transfer land to the trust subject to a
lease or licence (the terms of which are set out in the notice) to the
Minister or any other instrumentality or agency of the Crown.
(4b) The trust and all
subsequent owners of the land will hold it subject to the lease or licence.
(4c) The Minister must
request the Registrar-General to note the lease or licence against the
instrument of title for the land or, in the case of land that is not under the
provisions of the Real Property Act 1886 , against the land.
(4d) The remedy of
specific performance is available for the enforcement of a lease or licence
referred to in subsection (4a).
(5) The Minister must
not publish a notice of conversion under this section unless he or she has
received consent in writing to the terms and conditions of the notice signed
by a majority of the owners of the irrigated properties to which the notice
relates.
(6) The Governor may,
by proclamation, transfer from a trust constituted under subsection (3)
to the Minister—
(a) the
power to establish a board of management; and
(b)
powers under section 43 relating to delegation of functions or powers of
the trust to the board of management.
(7) A power referred
to in subsection (6)—
(a) can
be exercised by the Minister during the transitional period but not after the
end of that period;
(b)
cannot be exercised by the trust during that period.
(8) After the end of
the transitional period the trust—
(a) may
suspend or remove a person appointed by the Minister to the board of
management as though the person had been appointed by the trust;
(b) may
vary or revoke the delegation by the Minister of a function or power to the
board of management.