South Australian Numbered Acts South Australian Numbered Acts32—Transformation of irrigation rights
(1) The whole or a
part of an irrigation right held by a member of an
irrigation trust (the "relevant member") may be permanently transformed into a
water licence held by the relevant member if—
(a) the
member applies to the trust for the transformation in accordance with any
requirements specified by the trust (including as to the payment of a
specified application fee); and
(b) the
member provides any security required by the trust; and
(c) the
transformation so as to create a water licence held by the member is able to
take effect under the Natural Resources Management Act 2004 and the
member, in seeking the water licence, complies with any relevant requirement
under that Act.
(2) Any requirement
specified under subsection (1)(a) or security required under
subsection (1)(b) must be consistent with the operation of any
Commonwealth water rules.
(3) Any security
required under subsection (1)(b) must be reasonable in the circumstances
after taking into account the interests of the trust and any other person who
has an interest in the water licence held by the trust (but must not
unreasonably restrict or prevent trading in water entitlements).
(4) If a water licence
is to be issued on account of an application under this section—
(a) an
entitlement to an allocation of water that corresponds to the irrigation right
held by the relevant member will arise in connection with the licence; and
(b) a
variation must be made to the water licence held by the trust, and to any
other related entitlement,
subject to and in accordance with the Natural Resources Management
Act 2004 (and subject to taking into account the water available under
the provisions of that Act).
(5) Any process or
outcome envisaged by this section will take effect subject to any
Commonwealth water rules.