South Australian Numbered Acts South Australian Numbered ActsSchedule 1—Related amendments, repeals and transitional provisions
Part
1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment of Natural Resources Management Act 2004
2—Insertion of Chapter 7 Part 5A
Chapter 7—after Part 5 insert:
Part 5A—Interaction with Irrigation Acts
169A—Interaction with Irrigation Act 2009
(1) The Minister may
transfer a water licence, and deal with any related entitlement under this
Chapter, held by an irrigation trust to another trust or a person or other
body to give effect to any determination or approval of the relevant Minister
under Part 2 Division 4 of the Irrigation Act 2009 .
(2) The Minister may
allocate water transferred by an irrigation trust to a person or other body
under section 30 of the Irrigation Act 2009 to a person or body
holding a water licence under this Act to give effect to the operation of that
section.
(3) The Minister
may—
(a)
grant a water licence to a person whose irrigation right is being transformed
into a water licence under section 32 or 33 of the
Irrigation Act 2009 unless the Minister considers that the water licence
should not be granted on a ground that applies under Part 3 Division 1;
(b) make
adjustments to a water licence already held by a person whose irrigation right
is being transformed into a water licence under section 32 or 33 of the
Irrigation Act 2009 on account of that transformation.
(4) This section does
not limit the operation or effect of any other provision of this Act.
(5) A fee (if any)
prescribed by the regulations is payable in respect of any action taken by the
Minister under this section (and the Minister may decline to take the action
unless or until the fee is paid).
Part 3—Repeal of Act
The Irrigation Act 1994 is repealed.
Part 4—Transitional provisions
In this Part—
relevant day means the day on which this Part comes into operation;
relevant trust means a trust continued in existence under clause 5(1);
repealed Act means the Irrigation Act 1994 .
5—Continuation of trusts
(1) A trust
constituted under the repealed Act and in existence immediately before the
relevant day continues as an irrigation trust under this Act.
(2) A person who,
immediately before the relevant day, is a member of a relevant trust will
continue as a member of the trust under this Act.
6—Presiding member and deputy presiding member
(1) A person who is
the presiding officer of a relevant trust immediately before the relevant day
will be taken to be the presiding member of the trust under this Act on the
relevant day.
(2) A person who is
the deputy presiding officer of a relevant trust immediately before the
relevant day will be taken to be the deputy presiding member of the trust
under this Act on the relevant day.
A board of management (if any) of a relevant trust, as constituted under the
repealed Act immediately before the relevant day, will continue as the board
of management of the trust.
(1) Any resolution of
a relevant trust in force and effect immediately before the relevant day will
continue to have effect for the purposes of this Act on and after the relevant
day.
(2) A resolution under
subclause (1) may be varied or revoked on or after the relevant day
by—
(a) the
trust; or
(b) a
board of management of the trust.
The value of votes for a relevant trust within the ambit of section 22(7), (8)
or (9) of the repealed Act, as in operation immediately before the relevant
day, will continue for the purposes of this Act unless or until a resolution
is made to change those values under section 12 of this Act.
(1) Until otherwise
resolved by the trust, an allocation of water (if any) to which a member of a
relevant trust is entitled under the repealed Act immediately before the
relevant day will constitute the irrigation right of the member under this
Act.
(2) Subclause (1)
operates subject to the conditions of the trust's water licence and any
reduction in allocations imposed under the Natural Resources Management
Act 2004 or the Commonwealth water rules.
(3) If, immediately
before the relevant day, a relevant trust has not fixed a water allocation in
respect of irrigated properties in its district under the repealed Act, the
trust must fix an irrigation right in relation to the relevant entitlement to
receive water within 6 weeks after the relevant day.
A charge or liability to pay interest, as it exists immediately before the
relevant day, and any process to impose or recover the charge or interest,
will continue to have effect under this Act.
12—Disposal of property on dissolution—special arrangements
(1) This clause
applies to a trust to which section 14A(3) of the repealed Act applied before
the commencement of this Act.
(2) On the dissolution
of a trust to which this clause applies—
(a) the
owners of the land within the district that applied to the trust under the
repealed Act immediately before the relevant day are entitled to the property
and rights of the trust; and
(b) the
liabilities of the trust attach directly to the owners of the land referred to
in paragraph (a) jointly and severally; and
(c) in
the case of a trust dissolved under section 14, the owners of the land
are entitled to the property and rights of the trust and must contribute to
its liabilities in proportions specified in the notice under
section 14(5);
(d) in
the case of a trust dissolved under section 15, the owners of the land
are entitled to the property and rights of the trust and must contribute to
its liabilities in a manner determined or approved by the Minister after
taking into account such factors as appear appropriate to the Minister in the
circumstances.
(3) Division 4 of Part
2 operates subject to the operation of this clause.
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of this Act.
(2) A provision of a
regulation made under subclause (1) may, if the regulation so provides,
take effect from the commencement of this Act or from a later day.
(3) To the extent to
which a provision takes effect under subclause (2) from a day earlier
than the day of the regulation's publication in the Gazette, the provision
does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4) The
Acts Interpretation Act 1915 will, except to the extent of any
inconsistency with the provisions of this Schedule (or regulations made under
this Schedule), apply to any amendment or repeal effected by this Act.