South Australian Numbered Acts

IRRIGATION ACT 2009 (NO 13 OF 2009) - SECT 12

12—Voting at meetings

        (1)         Subject to this section, a member of an irrigation trust is entitled to vote at meetings of the trust.

        (2)         A member may nominate another person to attend and vote at meetings on his or her behalf.

        (3)         If 2 or more persons are members of the trust with respect to the same undertaking concerned with carrying on the business of primary production, a person must be nominated by them all to vote.

        (4)         A nomination referred to in subsections (2) and (3) must be made by written notice to the trust and may be revoked by the member, or all of the members, by subsequent written notice to the trust.

        (5)         If a person who is not a member of the trust has been nominated by a member or members to attend and vote at a meeting of the trust, that person must be regarded as a member of the trust for the purposes of proceedings at the meeting.

        (6)         Subject to subsection (7), the values of votes at meetings of the trust will be in proportion to the respective water allocations to which the members of the trust are entitled at any particular time on account of either or both of the following:

            (a)         irrigation rights held by members of the trust;

            (b)         water licences held by members of the trust.

        (7)         Despite a preceding subsection, if the trust resolves to apply this subsection, then the value of votes at a meeting of the trust will be set in some other manner determined by the trust.

        (8)         A determination under subsection (7) may be based on or include criteria that exclude a member from holding an entitlement to vote if the member—

            (a)         does not own or occupy land to which irrigation water is supplied or delivered that has an area that is at least equal to a minimum area determined by the trust for the purposes of this subsection;

            (b)         does not have an entitlement to the supply or delivery of water that is at least equal in volume to a minimum volume determined by the trust for the purposes of this subsection.

        (9)         The basis for determining the values of votes can be changed but only by resolution of the trust of which 21 days notice must be given.

        (10)         A resolution under subsection (7) must be supported by 80% or more of the number of votes cast at a meeting of the trust.