South Australian Numbered Acts South Australian Numbered Acts5—Establishment of trust
(1) If the Minister
decides to grant an application for the establishment of an irrigation trust,
the Minister will establish the trust by notice in the Gazette.
(2) The notice must
specify—
(a) the
date on which the trust is established; and
(b) the
name of the trust (which must be a distinctive name approved by the Minister
as part of the application process under this Act).
(3) An
irrigation trust established under this section—
(a) is a
body corporate; and
(b) has
perpetual succession and a common seal; and
(c) can
sue and be sued in its corporate name; and
(d) has
the functions and powers assigned or conferred by or under this Act or any
other Act.
(4) If—
(a) an
application for the establishment of an irrigation trust—
(i)
identifies real or personal property that is to vest in
the trust on its incorporation under this Act; and
(ii)
verifies in the prescribed manner and form that any
person who has a prescribed interest in that property consents to the vesting;
and
(b) the
Minister identifies that property as being property to which this subsection
applies in the notice establishing the trust,
that property will, on incorporation, be vested in and held by the
irrigation trust (subject to any trusts that may affect that property).
(5) The
Registrar-General must—
(a) on
the application of an irrigation trust in which any estate or interest in land
has vested under subsection (4); and
(b) on
production of such duplicate instruments of title and other documents as the
Registrar-General may require,
register the vesting of that estate or interest in land in the trust.