South Australian Numbered Acts South Australian Numbered Acts35—Power to restrict supply or to reduce water made available by trust
(1) An
irrigation trust may—
(a)
restrict or suspend the supply or delivery of water; or
(b)
reduce the amount of water available under an irrigation right,
if—
(c) the
water that is available to the trust cannot meet the demand; or
(d) the
water that is available to the trust is unsuitable for the purpose for which
it is to be supplied; or
(e) the
trust is acting in response to a reduction in a water allocation under the
Natural Resources Management Act 2004 ; or
(f) the
trust is unable to provide sufficient conveyance water in connection with the
operation of an irrigation system; or
(g) the
owner or occupier of the land in respect of which the action is taken
has—
(i)
failed to pay charges or interest on charges under this
Act; or
(ii)
contravened or failed to comply with a term or condition
on which the trust supplies or delivers water to, or drains water from, the
land; or
(iii)
contravened or failed to comply with a condition imposed
under this Act; or
(iv)
contravened or failed to comply with a provision of this
Act or with a direction of the trust under this Act; or
(h) the
trust is unable to dispose of water draining into its drainage system because
of the degraded quality of the water.
(2) Subject to
subsection (3), a trust may, in taking action under subsection (1),
reduce the amount of water available by different amounts or proportions
according to such factors as the trust thinks fit.
(3) A restriction or
reduction in the amount of water supplied or delivered by a trust in the
circumstances envisaged by subsection (1)(e) must, insofar as it applies
to the members of the trust, be in proportion to the amount of the reduction
under the Natural Resources Management Act 2004 .
(4) A trust incurs no
civil liability in respect of action taken by it under this section.