South Australian Repealed Acts

This legislation has been repealed.

RENMARK IRRIGATION TRUST ACT 1936 - SECT 11

11—Qualification of members of trust

        (1)         Every ratepayer who is of the age of eighteen years or upwards, and holds in his own right not less than five hectares of ratable land in the district in fee simple or under perpetual lease granted by the Crown or under an agreement for the sale and purchase thereof granted by the Crown, shall be qualified to be and continue a member of the trust, except—

            (a)         an undischarged bankrupt;

            (b)         a ratepayer in arrear for six months with the payment of any rate for which he is liable in respect of ratable land within the district;

            (c)         a person who holds any place of profit in the gift of the trust;

            (d)         a person who directly or indirectly participates or is interested in any contract, except for advertisements and printing, with, or employment under, the trust.

        (2)         No person shall be disqualified from being or continuing a member by reason of his receiving travelling expenses incurred in pursuance of and authorised to be paid by a resolution of the trust, or acting as returning officer or deputy returning officer under this Act, or receiving remuneration for so acting, or by reason of his being a member of a public or joint-stock company, incorporated by the law of the United Kingdom or any British possession, which is concerned with any contract or dealing with the trust; but no member shall vote on a question relating to a contract or dealing with a company of which he is a member.

        (3)         If not less than five hectares of ratable land in the district are held in fee simple or under perpetual lease granted by the Crown or under an agreement for the sale and purchase thereof granted by the Crown, by a company or body corporate (except the trust), or by joint tenants or tenants in common, then the following provisions shall apply:

            (a)         the company or body corporate may nominate, in writing, not later than the thirty-first day of March in any financial year, a person who shall, for the purposes of being or continuing a member of the trust, be deemed to be the holder in his own right of the land of the company or body corporate;

            (b)         the joint tenants or tenants in common may nominate, in writing, not later than the thirty-first day of March in any financial year, one of their number who shall, for the purpose of being or continuing to be a member of the trust, be deemed to be the holder in his own right of the land of the joint tenants or tenants in common, as the case may be;

            (c)         any nomination made pursuant to this section shall be deemed to continue from year to year until revoked in writing. If a person nominated as aforesaid is elected as a member of the trust and if whilst a member the nomination is revoked, the revocation of the nomination shall not affect the tenure of his office as member for the balance of the term of office for which he was elected.