South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) In this Act,
unless the contrary intention appears—
"authority"—see "irrigation authority ;
"authorised officer" means a person for the time being appointed to be an
authorised officer under this Act;
"channel" includes a watercourse;
"charging period" means the period in relation to which an
irrigation authority has declared a water supply charge;
"to 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;
"the drainage system provided by the authority" means those parts of a
drainage system that are not parts of the drainage system provided by a
landowner;
"the drainage system provided by the landowner" means those parts of a
drainage system—
(a) that
have been provided by the landowner, or a predecessor of the landowner; or
(b) in
relation to which the landowner, or a predecessor of the landowner, has
assumed responsibility for maintenance; or
(c) that
the landowner is liable to maintain pursuant to an agreement or arrangement
with the authority or with a predecessor of the authority;
"government irrigation district"—see Part 2;
"irrigated property" means land—
(a) that
is used to carry on the business of primary production and is managed as a
single unit for the purpose of carrying on that business; and
(b) to
which a water allocation applies under this Act;
"irrigation authority" or "authority" means—
(a) in
relation to a government irrigation district—the Minister; and
(b) in
relation to a private irrigation district—the trust constituted by this
Act in relation to the district;
"irrigation district" means a government irrigation district or a
private irrigation district;
"irrigation system" means a system of channels, pipes, structures, fittings
and equipment used in the collection and distribution of water for irrigating
land and includes a tank, pond, dam or other facility for holding water that
is connected to such a system;
"the irrigation system provided by the authority" means those parts of an
irrigation system that are not parts of the irrigation system provided by a
landowner;
"the irrigation system provided by the landowner" means those parts of an
irrigation system—
(a) that
have been provided by the landowner, or a predecessor of the landowner; or
(b) in
relation to which the landowner, or a predecessor of the landowner, has
assumed responsibility for maintenance; or
(c) that
the landowner is liable to maintain pursuant to an agreement or arrangement
with the authority or with a predecessor of the authority;
"irrigation water" means water supplied by an irrigation authority under this
Act for irrigating land;
"land" includes an interest in land;
"landowner" means an owner or occupier of land;
"local newspaper" in relation to a notice means a newspaper circulating in the
locality in which the irrigation district to which the notice relates is
situated;
"long term occupier" of land means a person who is entitled to occupy the land
pursuant to a lease registered under the Real Property Act 1886 (not
being a Crown lease) where the term of the lease (including the period of any
renewal or extension of the term to which the lessee is entitled) has at least
five years to run;
"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;
"private irrigation district" means—
(a)
irrigated properties connected to an irrigation system that was, immediately
before the commencement of this Act, in operation under one of the
repealed Acts;
(b)
irrigated properties connected to an irrigation system established under Part
3 Division 1 or 2;
(c)
irrigated properties connected to the irrigation system of a district that was
formerly a government irrigation district but that has been converted to a
private irrigation district under Part 4,
and includes—
(d) land
in respect of which the Minister and a trust have granted an application for
inclusion of the land in the trust's irrigation district but which is not yet
connected to the irrigation system for the district;
(e) land
that is no longer used to carry on the business of primary production but that
has not been excluded from the district under this Act,
but does not include land excluded from an irrigation district under this Act;
"public notice" means a notice published in a local newspaper;
"a registered interest" in land means an estate or interest in the land that a
person appears from the Register Book maintained under the Real Property
Act 1886 to have or to claim;
"the repealed Acts" means the Acts repealed by Schedule 1 and includes
Division 5 of Part 8 of the Crown Lands Act 1929 struck out by Schedule
3;
"trust" means an irrigation trust constituted by this Act in respect of a
private irrigation district and includes a trust constituted under Part 4 in
the transitional period before conversion of a government irrigation district
to a private irrigation district;
"voting member" means a member of a 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 recovery licence" means a licence granted under the
Water Resources Act 1997 or a corresponding previous enactment entitling
the holder to take water from a watercourse, lake or well.
(2) Where 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) Land that has been
excluded from an irrigation district under this Act and has not subsequently
been re-included in the district will not be taken under subsection (2)
to be connected to the irrigation or drainage system of the land.
(4) Where an
irrigation authority 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 firstmentioned
charging period.
(5) For the purposes
of this Act 21 days notice of a resolution of a 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.
Note—
For definition of divisional penalties (and divisional expiation fees) see
Appendix.