South Australian Numbered Acts

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IRRIGATION ACT 2009 (NO 13 OF 2009) - SECT 55

55—Appeals

        (1)         A person may appeal to the Environment, Resources and Development Court against a decision of an irrigation trust

            (a)         in relation to a decision to discontinue a membership of a trust under section 8(3)(a)(ii); or

            (b)         in relation to the fixing of an irrigation right in respect of the person; or

            (c)         directing the appellant to undertake an act or activity under Part 5; or

            (d)         in relation to any other matter of a class prescribed by the regulations for the purposes of this section.

        (2)         An appeal must be instituted within 1 month after the appellant receives written notice of the decision appealed against or within such further time as the Court considers to be reasonable in the circumstances.

        (3)         On an appeal the Court may—

            (a)         affirm or vary the decision appealed against or substitute any decision that should have been made in the first instance;

            (b)         remit the subject matter of the appeal to the trust for further consideration;

            (c)         make such incidental or ancillary order as the Court considers is necessary or desirable.



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