South Australian Numbered Acts South Australian Numbered Acts (1) In this Act,
unless the contrary intention appears—
"authorised officer" means a person for the time being appointed to be an
authorised officer under this Act;
"board of management" or "board" means the board of management of a trust;
"channel" includes a watercourse;
"charging period" means the period in relation to which an irrigation trust
has declared a water supply charge;
"Commonwealth water rules" means any rules under Part 4 of the Water Act 2007
of the Commonwealth;
"conveyance water" means the water necessary to support the delivery of water
through an irrigation system;
"drain" includes to pump water from low lying land;
"drainage system" means a system of channels, pipes, structures, fittings and
equipment used in the drainage of irrigation water from land and includes a
tank, pond, dam or other facility for holding water that is connected to such
a system;
"drainage system provided by a landowner" means those parts of a
drainage system—
(a) that
have been provided by a landowner, or a predecessor of a landowner; or
(b) in
relation to which a landowner, or a predecessor of a landowner, has assumed
responsibility for maintenance; or
(c) that
a landowner is liable to maintain pursuant to an agreement or arrangement with
an irrigation trust or with a predecessor of an irrigation trust;
"drainage system provided by the trust" means those parts of a drainage system
that are not parts of the drainage system provided by a landowner;
"irrigation right" means an entitlement fixed by an irrigation trust under
Part 4 Division 3;
"irrigation system" means a system of channels, pipes, structures, fittings
and equipment used in the collection and delivery of water for irrigating land
and includes a tank, pond, dam or other facility for holding water that is
connected to such a system;
"irrigation system provided by a landowner" means those parts of an
irrigation system—
(a) that
have been provided by a landowner, or a predecessor of a landowner; or
(b) in
relation to which a landowner, or a predecessor of a landowner, has assumed
responsibility for maintenance; or
(c) that
a landowner is liable to maintain pursuant to an agreement or arrangement with
an irrigation trust or with a predecessor of an irrigation trust;
"irrigation system provided by the trust" means those parts of an
irrigation system that are not parts of the irrigation system provided by a
landowner;
"irrigation trust" or "trust" means an irrigation trust established under this
Act;
"irrigation water" means water supplied or delivered through the use of an
irrigation system provided by an irrigation trust under this Act for
irrigating land;
"land" includes an interest in land;
"landowner" means an owner or occupier of land;
"local newspaper", in relation to a notice that relates to an
irrigation trust, means a newspaper circulating in the locality in which an
irrigation or drainage system provided by the trust is situated;
"owner" of land means—
(a) in
relation to land alienated from the Crown by grant in fee simple—the
holder of the fee simple;
(b) in
relation to land held under a Crown lease or licence—the lessee or
licensee;
(c) in
relation to land held under an agreement to purchase from the Crown—the
person entitled to the benefit of the agreement;
"presiding member"—see section 8;
"public notice" means a notice published in a local newspaper;
"serviced property" means land—
(a) that
is used to carry on the business of primary production and is managed as a
single undertaking for the purpose of carrying on that business; and
(b) that
is connected to an irrigation or drainage system provided by an
irrigation trust under this Act;
"voting member" means a member of a trust who is entitled to vote at meetings
of the trust;
"watercourse" means a river, creek or other natural watercourse (whether
modified or not);
"water licence" means a water licence under the Natural Resources Management
Act 2004 entitling the holder to take water from a watercourse, lake or
well.
(2) If an irrigation
or drainage system extends to a point on land or on, or near the boundary of,
land and incorporates a valve, slide gate, sluice, entry sump or other similar
fitting at that point through which irrigation water can be supplied to the
land or water can be drained from the land, the land will be taken to be
connected to the irrigation or drainage system.
(3) If an
irrigation trust reads a meter within 14 days before or after the end of
a charging period, the quantity of water supplied to the land during that
period and the next succeeding charging period will be determined on the
assumption that the reading had been taken on the last day of the first
mentioned charging period.
(4) For the purposes
of this Act, 21 days notice of an intention to propose a resolution of a trust
will be taken to have been given if 21 days or more before the resolution
is passed written notice is given to every member of the trust—
(a)
setting out the text of the proposed resolution; and
(b)
specifying the time and place of the meeting at which it is proposed to move
the resolution.