South Australian Numbered Acts

RENMARK IRRIGATION TRUST ACT 2009 (NO 14 OF 2009) - SECT 24

24—Functions of trust

        (1)         The trust has the following functions:

            (a)         to provide, maintain, operate and manage an irrigation system or irrigation systems;

            (b)         to provide, maintain, operate and manage a drainage system or drainage systems;

            (c)         such other functions as are specified or prescribed by or under this or any other Act.

        (2)         The trust may operate—

            (a)         on the basis that some or all of the water supplied through an irrigation system managed by the trust will be supplied under a water licence held by the trust; or

            (b)         on the basis that the trust will deliver water to members of the trust for the purposes of water licences held by the members (rather than under a water licence held by the trust).

        (3)         Subsection (2)—

            (a)         does not prevent the trust from delivering water to any person who holds a water licence independently of the trust; and

            (b)         does not prevent the trust from holding 1 or more water licences in order—

                  (i)         to provide or manage any conveyance water; or

                  (ii)         to provide or manage any water for the purposes of other services provided by the trust.

        (4)         The trust may, in connection with the operation of subsections (1), (2) and (3), set terms and conditions associated with—

            (a)         the use of any irrigation system or drainage system provided by the trust;

            (b)         the supply or delivery of water by the trust.

        (5)         The trust must—

            (a)         in determining terms or conditions on which water is supplied or delivered to, or drained from, land; or

            (b)         in holding or dealing with any water licence,

ensure—

            (c)         that it complies with the other provisions of this Act; and

            (d)         that it is able to meet any requirements imposed under the Natural Resources Management Act 2004 ; and

            (e)         that it is not acting in breach, or imposing any requirement that would result in a person acting in breach, of any duty or other requirement prescribed by or under the River Murray Act 2003 ; and

            (f)         that it complies with any requirements imposed by or under the Water Act 2007 of the Commonwealth.

        (6)         The trust must, in the performance of its functions, take all reasonable steps to ensure that it operates in a financially responsible manner.

        (7)         Without limiting subsection (6), the trust must seek to raise and maintain adequate capital to provide for infrastructure maintenance, replacement and improvements and, depending on the scope of its operations and plans, extensions and expansions.