South Australian Numbered Acts

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RENMARK IRRIGATION TRUST ACT 2009 (NO 14 OF 2009) - SECT 25

25—Powers of trust

        (1)         In order to carry out its functions the trust may—

            (a)         construct or erect channels, embankments, roads, buildings or structures, tanks, ponds, dams or other facilities for holding water or any other works; and

            (b)         lay pipes; and

            (c)         install and operate pumps and other equipment; and

            (d)         control the flow of water in an irrigation or drainage channel or pipe; and

            (e)         acquire any land; and

            (f)         inspect, maintain, repair, renew or replace any channel, pipe, building, structure, fitting, equipment, tank, pond, dam or other facility forming part of the irrigation or drainage system provided by the trust; and

            (g)         clear any channel, pipe, fitting, equipment, tank, pond, dam or other facility forming part of the irrigation or drainage system provided by the trust; and

            (h)         inspect any channel, pipe, building, structure, fitting, equipment, tank, pond, dam or other facility forming part of the irrigation or drainage system provided by a landowner; and

                  (i)         extract and remove soil or minerals from any land after first consulting the owner of the land and having regard to his or her views; and

            (j)         inspect, examine or survey land in connection with the planning, design or construction of an irrigation or drainage system, or extensions to or alterations of, an irrigation or drainage system and for that purpose the trust may—

                  (i)         fix posts, stakes or other markers on the land; and

                  (ii)         dig trenches or sink test holes on the land to determine the nature of the top soil and underlying strata; and

                  (iii)         remove samples of any material from the land for analysis; and

            (k)         enter or occupy any land for the purpose of exercising any powers of the trust under this Act; and

            (l)         exercise any other powers that are incidental to the trust's powers or that are reasonably necessary for carrying out the trust's functions.

        (2)         Subsection (1) does not limit or derogate from the provisions of any other Act (including so as to require a permission, consent or authority in order to take any step or to engage in any activity).

        (3)         The trust may acquire land pursuant to a contract with the owner of the land or pursuant to the Land Acquisition Act 1969 .

        (4)         The trust must not acquire land pursuant to the Land Acquisition Act 1969 without the written approval of the Minister.

        (5)         The trust may grant a lease or licence over any land in its ownership or possession.

        (6)         When entering or occupying land under this section, the trust must cause as little inconvenience to other users of the land as is reasonably practicable.



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