South Australian Numbered Acts South Australian Numbered Acts23—Functions of trusts
(1) An
irrigation trust has the following functions:
(a) to
provide, maintain, operate and manage an irrigation system or
irrigation systems;
(b) to
provide, maintain, operate and manage a drainage system or drainage systems;
(c) such
other functions as are specified or prescribed by or under this or any other
Act.
(2) An
irrigation trust may operate—
(a) on
the basis that some or all of the water supplied through an irrigation system
managed by the trust will be supplied under a water licence held by the trust;
or
(b) on
the basis that the trust will deliver water to members of the trust for the
purposes of water licences held by the members (rather than under a
water licence held by the trust).
(3) An
irrigation trust established after the commencement of this Act must operate
on the basis set out in subsection (2)(b).
(4)
Subsections (2) and (3)—
(a) do
not prevent the trust from delivering water to any person who holds a
water licence independently of the trust; and
(b) do
not prevent an irrigation trust from holding 1 or more water licences in
order—
(i)
to provide or manage any conveyance water; or
(ii)
to provide or manage any water for the purposes of other
services provided by the trust.
(5) An
irrigation trust may, in connection with the operation of
subsections (1), (2) and (4), set terms and conditions associated
with—
(a) the
use of any irrigation system or drainage system provided by the trust;
(b) the
supply or delivery of water by the trust.
(6) An
irrigation trust must—
(a) in
determining terms or conditions on which water is supplied or delivered to, or
drained from, land; or
(b) in
holding or dealing with any water licence,
ensure—
(c) that
it complies with the other provisions of this Act; and
(d) that
it is able to meet any requirements imposed under the Natural Resources
Management Act 2004 ; and
(e) that
it is not acting in breach, or imposing any requirement that would result in a
person acting in breach, of any duty or other requirement prescribed by or
under the River Murray Act 2003 ; and
(f) that
it complies with any requirements imposed by or under the Water Act 2007
of the Commonwealth.
(7) An
irrigation trust must, in the performance of its functions, take all
reasonable steps to ensure that it operates in a financially responsible
manner.
(8) Without limiting
subsection (7), a trust must seek to raise and maintain adequate capital
to provide for infrastructure maintenance, replacement and improvements and,
depending on the scope of its operations and plans, extensions and expansions.