South Australian Numbered Acts

IRRIGATION ACT 2009 (NO 13 OF 2009) - SECT 4

4—Application to establish a trust

        (1)         An application for the establishment of an irrigation trust must be made to the Minister in a manner and form determined by the Minister by a person duly authorised by 2 or more persons—

            (a)         who carry on the business of primary production; and

            (b)         who are seeking to establish an entity to provide, manage and operate shared infrastructure—

                  (i)         for the collection and delivery of water (irrigation systems); or

                  (ii)         for the drainage of land (drainage systems),

(or both).

        (2)         The application must be accompanied by—

            (a)         the prescribed fee; and

            (b)         such other information required by the regulations.

        (3)         The Minister may grant the application if satisfied—

            (a)         that the trust is to be established to provide an irrigation system or a drainage system (or both) in connection with the business of primary production conducted by persons who will become members of the trust; and

            (b)         that the trust complies with any other requirements prescribed by the regulations.

        (4)         Subsection (3)(a) does not prevent a trust delivering or draining water under an agreement with a person who is not a member of the trust.