South Australian Repealed Acts

This legislation has been repealed.

IRRIGATION ACT 1994 - SECT 17

17—Grant of application

        (1)         The Minister may grant an application by public notice.

        (2)         The notice will operate from the date of publication or from such later date as is specified in the notice.

        (3)         When the notice comes into operation—

            (a)         the irrigated properties comprising the districts or parts of districts specified in the notice are merged to form a new private irrigation district; and

            (b)         a trust comes into existence in relation to the new district—see Division 3; and

            (c)         the water allocations that applied to the irrigated properties comprising the new district immediately before the notice came into operation will continue until varied by the trust; and

            (d)         if the whole of a private irrigation district is merged into the new district, the trust of the original district is dissolved and its property, rights and liabilities become property, rights and liabilities of the new trust.

        (4)         The notice may—

            (a)         if part only of a private irrigation district is merged into the new district—

                  (i)         transfer to the new trust any property or rights vested in, or any liabilities attached to, the trust for the remaining part of the original district (the old trust);

                  (ii)         impose liability on the new trust for payment to the old trust of an amount in respect of property or rights transferred under subparagraph (i) or in respect of capital works or in respect of any other matter and may specify the terms and conditions for satisfaction of that liability;

            (b)         impose such other terms and conditions in relation to the merger as the Minister thinks fit.

        (5)         The notice must assign a name to the new district.

        (6)         The Minister must not publish a notice granting an application unless he or she has received consent in writing to the terms and conditions of the notice signed by two-thirds or more of the owners of the irrigated properties in each district to which the application relates (whether or not the whole or a part only of the district concerned is to be merged).

        (7)         The proportion of two-thirds required by subsection (6) must be obtained in each of the districts involved in the merger.