South Australian Repealed Acts

This legislation has been repealed.

IRRIGATION ACT 1994 - SECT 49

49—Compensation

        (1)         Where land is excluded from an irrigation district under this Division the authority must pay to the owner and long term occupier (if any) of the land an amount being—

            (a)         in the case of an exclusion under section 47(1)(a)—the value of the water allocation in respect of the land immediately before the exclusion;

            (b)         in the case of an exclusion under section 47(1)(b), (c), (d) or (e)—

                  (i)         the value of the water allocation in respect of the land immediately before the exclusion or the amount by which the value of the land has been diminished by its exclusion from the district, whichever is the greater; and

                  (ii)         the value of any crop that is lost because of the exclusion or the value of the damage to any crop caused by the exclusion.

        (2)         The amount to be paid under subsection (1) and the proportions in which it will be shared by the owner and long term occupier (if any) may be determined by the Environment, Resources and Development Court if the parties cannot reach agreement.