South Australian Numbered Acts

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IRRIGATION ACT 2009 (NO 13 OF 2009) - SECT 8

8—Members (including presiding member and deputy presiding member)

        (1)         On the establishment of an irrigation trust, the persons who authorised the application under this Division become members of the trust.

        (2)         Other persons who carry on the business of primary production may be admitted as members of the trust by resolution of the trust or as provided by the rules of the trust.

        (3)         A person ceases to be a member of a trust in any of the following circumstances or as otherwise provided by this Act:

            (a)         if the trust resolves that the membership should be discontinued—

                  (i)         on the ground that the member has ceased on a permanent basis to carry on the business of primary production that gives rise to his or her entitlement to membership; or

                  (ii)         on any other reasonable ground determined by the trust;

            (b)         if the member resigns;

            (c)         on death (subject to any provision made by the trust or by law for a legal personal representative of the estate of a deceased member to continue to exercise the rights or to manage the business of the deceased member);

            (d)         in the case of a member that is a body corporate—if the body is dissolved.

        (4)         A trust

            (a)         must have a presiding member of the trust; and

            (b)         may have a deputy presiding member of the trust,

appointed from its membership at a meeting of the trust.

        (5)         A trust may, by further resolution of the trust at a meeting of the trust, remove a person from office under subsection (4).

        (6)         A person also ceases to hold office under subsection (4) if the person ceases to be a member of the trust.

        (7)         The deputy presiding member of a trust (if any) may act as the presiding member in the absence of the presiding member or during a vacancy in the office of presiding member.

        (8)         If there is no deputy presiding member, a person selected by the trust may act as the presiding member in the absence of the presiding member or during a vacancy in the office of presiding member.



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