South Australian Numbered Acts South Australian Numbered Acts33—Trust may determine to devolve water licence
(1) An
irrigation trust may, by resolution, determine to operate on the basis that
all irrigation rights held by members of the trust will be permanently
transformed into water licences held by the respective members (so that the
trust will deliver water to members for the purposes of water licences held by
the members (rather than under a water licence held by the trust after taking
into account any requirements of the trust in relation to conveyance water)).
(2) If a water licence
held by the trust is subject to an interest of another person registered or
recorded in relation to the licence under the
Natural Resources Management Act 2004 , the trust must not pass a
resolution under subsection (1) without the consent of that person.
(3) The processes and
outcome envisaged by subsection (1), and the requirement to obtain any
consent under subsection (2), will take effect subject to—
(a) any
Commonwealth water rules; and
(b) the
requirements of the Natural Resources Management Act 2004 relating to
the issue of water licences, water allocations and other forms of
entitlements; and
(c) any
provision made by the regulations (which may include the specification of
circumstances where a consent is not required under subsection (2)).
(4) Subject to the
operation of the preceding subsections, if a resolution is made under
subsection (1)—
(a) each
irrigation right held by a member will be permanently transformed into a
water licence held by the member; and
(b) the
trust will no longer be capable of operating on the basis that some or all of
the water supplied to its members will be supplied under a water licence held
by the trust (subject to taking into account the operation of
section 23(4)).
(5) Without limiting
subsection (3), an irrigation right held by a member of the trust will
not be capable of being transformed into a water licence if the Minister
responsible for the administration of the Natural Resources Management
Act 2004 determines that a water licence should not be granted on a
ground that applies under Chapter 7 Part 3 Division 1 of that Act.