South Australian Numbered Acts South Australian Numbered Acts40—Protection and facilitation of systems
(1) A person must
not—
(a)
connect a channel or pipe to an irrigation or drainage system of an
irrigation trust; or
(b)
place a structure or install equipment in, over or immediately adjacent to a
channel or pipe connected to an irrigation or drainage system of an
irrigation trust; or
(c)
supply water supplied or delivered to him or her by an irrigation trust under
this Act to any other person,
unless he or she does so at the direction, or with the approval, of the trust.
(2) A person must not
use a method of distributing irrigation water in a manner that is inconsistent
with any determination or rule of an irrigation trust.
(3) A person who is a
landowner under this Act—
(a) must
ensure that irrigation water does not drain or otherwise escape onto or into
adjoining land so as to cause a nuisance to the adjoining landowner; and
(b) must
maintain, and when necessary repair or replace an irrigation or
drainage system provided by the landowner; and
(c) must
not block or impede the flow of water in any part of an irrigation or
drainage system except at the direction, or with the approval, of the
irrigation trust; and
(d)
must, when necessary, clear channels and pipes of an irrigation or
drainage system provided by the landowner; and
(e) must
ensure that channels and pipes on his or her land, including those forming
part of an irrigation or drainage system provided by an irrigation trust, are
protected from damage that is reasonably foreseeable.
(4) If, in the opinion
of an irrigation trust, it is necessary or desirable in the interests of
supplying or delivering water efficiently to, or draining water efficiently
from, land, or in order to meet any duty or other requirement under the
Natural Resources Management Act 2004 (including a licence under that
Act) or the River Murray Act 2003 , or in order otherwise to provide for
the proper management of water, the trust may by notice served on a landowner
direct the landowner—
(a)
to—
(i)
construct or erect channels, embankments, structures,
tanks, ponds, dams or other facilities for holding water; or
(ii)
lay pipes; or
(iii)
install fittings or pumps or other equipment,
on his or her land; or
(b) to
widen or deepen channels forming part of an irrigation or drainage system
provided by the landowner, to install fittings or equipment for or in relation
to irrigating the land, or to carry out any other work on the land; or
(c) to
provide a barrier that is impervious to water on the sides and bed of a
channel forming part of an irrigation or drainage system provided by the
landowner; or
(d) to
undertake such other act or activity as is specified in the notice.
(5) An
irrigation trust may by notice served on a landowner direct the
landowner—
(a) to
erect fences to keep stock or other animals away from channels or pipes on the
land; or
(b) to
comply with the requirements of 1 or more of the other provisions of this
section.
(6) A notice under
subsection (4) or (5) may specify—
(a) the
dimensions and gradients of channels, pipes or other works; and
(b) the
dimensions, design, constituent materials and other specifications of—
(i)
the barrier to prevent or reduce seepage of water from a
channel;
(ii)
pipes, structures (including fences) fittings or
equipment.
(7) If a person fails
to comply with a notice, the trust may enter the relevant land and take the
action specified in the notice and such other action as the trust considers
appropriate in the circumstances and the trust's costs will be a debt due by
the person to the trust.
(8) A person who
contravenes or fails to comply with a provision of this section or of a notice
served under subsection (4) or (5) is guilty of an offence.
Maximum penalty: $20 000.
Expiation fee: $750.