South Australian Repealed Acts

This legislation has been repealed.

IRRIGATION ACT 1994 - SECT 12

12—Inclusion in or exclusion from a district

        (1)         The owner of land may apply to the Minister and the relevant trust for the inclusion of the land in, or the exclusion of the land from, a private irrigation district.

        (2)         Before granting an application the Minister and the trust must be satisfied that the notice referred to in section 10(2)(b)(i) has been served on the long term occupier (if any) of the land to which the application relates and that the long term occupier has not served written notice on either of them objecting to the application.

        (3)         Before granting an application for the inclusion of land in a district the Minister and the trust must be satisfied that the land will be used to carry on the business of primary production.

        (4)         The Minister and the trust may grant an application for inclusion or exclusion subject to such conditions as they think fit.

        (5)         Without limiting the generality of subsection (4) an application for inclusion or exclusion may be granted subject to one or more of the following conditions:

            (a)         a condition that the applicant pay, or contribute to, the trust's costs (including the cost of financial accommodation) of connecting the land to the trust's irrigation or drainage system or of maintaining, repairing or replacing that part of either of those systems used to supply water to, or drain water from, the land;

            (b)         a condition relating to the regeneration of the land or its protection from degradation in the future.

        (6)         Land in respect of which an application for inclusion has been granted under subsection (1) will be taken to form part of the private irrigation district even though the land has not been connected to the irrigation system for the district.

        (7)         A trust may exclude land from its irrigation district pursuant to Part 5 Division 5.

        (8)         Land does not cease to be part of a private irrigation district until it has been excluded from the district even though it has ceased to be an irrigated property within the meaning of this Act.

        (9)         Where an application for the inclusion of land in a district is granted subject to conditions, the supply of water to, and the drainage of water from, the land under this Act is subject to a condition requiring the owner and occupier for the time being of the land to comply with those conditions.