South Australian Numbered Acts

IRRIGATION ACT 2009 (NO 13 OF 2009) - SECT 15

15—Dissolution on Minister's initiative

        (1)         The Minister may dissolve an irrigation trust in accordance with this section if—

            (a)         in the Minister's opinion the trust—

                  (i)         is unable to carry out its functions properly because of disagreements between its members; or

                  (ii)         is not carrying out its functions properly for any other reason; or

                  (iii)         without limiting the generality of subparagraphs (i) and (ii), is not properly maintaining any irrigation and drainage systems provided by the trust; or

            (b)         the trust is unable to pay its debts as they fall due; or

            (c)         the trust has failed to comply with a provision of this Act; or

            (d)         the Minister is of the opinion that it is just and equitable that the trust be wound up in the circumstances of the particular case.

        (2)         The Minister must serve notice on the trust of his or her intention to dissolve the trust under this section—

            (a)         setting out the grounds for his or her proposed course of action; and

            (b)         inviting the trust to make submissions to the Minister in relation to the matter.

        (3)         The Minister must take into account submissions made under subsection (2).

        (4)         The Minister may serve a notice of dissolution on the trust if—

            (a)         3 months have passed since the notice referred to in subsection (2) was served on the trust; and

            (b)         1 or more of the grounds for dissolution referred to in the notice are still applicable.

        (5)         The Minister must publish the notice referred to in subsection (4) in the Gazette and in a local newspaper.

        (6)         At the expiration of 3 months after service of the notice under subsection (4)—

            (a)         the trust is dissolved; and

            (b)         any water licence held by the trust—

                  (i)         will vest in 1 or more persons determined by the Minister; or

                  (ii)         will be dealt with in some other manner determined or approved by the Minister,

subject to the operation of the Natural Resources Management Act 2004 .

        (7)         The Minister must consult with the Minister responsible for the administration of the Natural Resources Management Act 2004 before acting under subsection (6)(b).