South Australian Repealed Acts

This legislation has been repealed.

IRRIGATION ACT 1994 - SECT 7

7—Inclusion in or exclusion from a district

        (1)         The owner and the long term occupier (if any) of land may apply to the Minister for inclusion of the land in, or exclusion of the land from, a government irrigation district.

        (2)         Before granting an application for the inclusion of land in a district the Minister must be satisfied that the land will be used to carry on the business of primary production.

        (3)         The Minister may grant an application for inclusion or exclusion subject to such conditions as the Minister thinks fit.

        (4)         Without limiting the generality of subsection (3) the Minister may grant an application for inclusion or exclusion subject to one or more of the following conditions:

            (a)         a condition that the applicant pay, or contribute to, the Minister's costs (including the cost of financial accommodation) of connecting the land to the Minister's irrigation or drainage system or of maintaining, repairing or replacing that part of either of those systems used to supply water to, or drain water from, the land;

            (b)         a condition relating to the regeneration of the land or its protection from degradation in the future.

        (5)         Land in respect of which an application for inclusion has been granted under subsection (1) will be taken to form part of the government irrigation district even though the land has not been connected to the irrigation system for the district.

        (6)         The Minister may exclude land from an irrigation district pursuant to Part 5 Division 5.

        (7)         Land does not cease to be part of a government irrigation district until it has been excluded from the district even though it has ceased to be an irrigated property within the meaning of this Act.

        (8)         Where an application for the inclusion of land in a district is granted subject to conditions, the supply of water to, and the drainage of water from, the land under this Act is subject to a condition requiring the owner and occupier for the time being of the land to comply with those conditions.