South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
Schedule 2—Transitional provisions
1—Vesting of property, rights
etc
(1) The property,
rights and liabilities vested in or attached to each board of management
constituted under the Irrigation on Private Property Act 1939 , the board
of management constituted under The Ramco Heights Irrigation Area
Act 1963 and the Pyap Irrigation Trust immediately before the
commencement of this Act vest in or attach to the corresponding trust
constituted by this Act.
(2) The property,
rights and liabilities vested in or attached to Lower River Broughton
Irrigation Trust immediately before the commencement of this Act vest in or
attach to the District Council of Port Pirie.
(3) The irrigation
works (as defined by section 82 of the Crown Lands Act 1929 ) vested in
the Lyrup Village Association immediately before the commencement of this Act
vest in the trust constituted by this Act in respect of the
irrigation district served by those works.
(1) If—
(a)
there is no water allocation assigned to land immediately before the
commencement of this Act; and
(b) on
the commencement of this Act the land comprises part of an irrigation district
under this Act,
the authority for the district may fix a water allocation in respect of the
land.
(2) The water
allocation must not exceed the quantity of water that was required to irrigate
the crop grown on the land in the immediately preceding season.
3—Rating period under repealed Acts
(1) Where this Act
comes into operation during a rating period under the Irrigation Act 1930
or under one of the repealed Acts, rates or other charges for that period that
would have become payable in respect of land under the relevant Act if it had
not been amended or repealed by this Act will be payable to the relevant
irrigation authority by the owner and occupier of the land as if the relevant
Act had not been amended or repealed.
(2) The relevant
irrigation authority may serve any notice or do any other thing that is
necessary under the relevant Act in relation to the imposition of rates or
charges under that Act.
(3) An amount payable
under subclause (1) attracts interest and is recoverable in the same way
as charges under Part 7.
(4) A rating period
referred to in subclause (1) will be taken to be a charging period for
the purposes of this Act.
(5) In this
clause—
rating period means a period in respect of which rates or charges for the
supply of water to, or the drainage of water from, land are payable under the
Irrigation Act 1930 or under one of the repealed Acts;
relevant irrigation authority in respect of land means—
(a)
where the land is connected to the irrigation or drainage system of a
government irrigation district—the Minister;
(b)
where the land is connected to the irrigation or drainage system of a
private irrigation district—the trust for that district.
(1) A person who is
not an owner of an irrigated property but who was, by reason of his or her
status in relation to a property that is an irrigated property under this Act,
entitled to attend and vote (to the exclusion of the owner of the property) at
meetings of the board of management, trust or other body having the
administration of an irrigation area or district under one of
the repealed Acts may attend and vote at meetings of the relevant trust to the
exclusion of the owner of the property while he or she retains that status in
relation to that property and retains possession of the property.
(2) A person referred
to in subclause (1) will be taken to be a member of the trust while he or
she retains the right to attend and vote at meetings of the trust under that
subclause.
5—Obligation to supply water etc outside district
(1) Where—
(a)
immediately before the commencement of this Act a water allocation applied in
respect of land under the Irrigation Act 1930 or one of
the repealed Acts; and
(b)
water was supplied to the land, or drained from the land, under the relevant
Act during the rating period occurring immediately before the commencement of
this Act; and
(c) the
land is not an irrigated property for the purposes of this Act,
an agreement under section 37 will be taken to subsist between the
authority for the irrigation district and the occupier of the land under
which—
(d) the
authority agrees to continue to supply water to, or drain water from, the land
upon the terms and conditions (if any) that applied immediately before the
commencement of this Act; and
(e) the
occupier agrees to pay to the authority charges for the supply of water to, or
drainage of water from, the land.
(2) Part 7 applies to
the imposition and recovery of charges referred to in subclause (1)(e) as
if the land were an irrigated property within the authority's
irrigation district.
(3) The water
allocation applying in respect of the land immediately before the commencement
of this Act applies in respect of the land after that commencement and may be
transferred, while the agreement subsists, in whole or in part as though the
land were an irrigated property within the authority's district.
(4) The agreement
subsists for the benefit of successive occupiers of the land until it is
terminated by an occupier or by subclause (5) or under
subclause (6).
(5) The agreement is
terminated if the owner of the land has transferred the water allocation
applying in respect of the land to the authority or to an irrigated property
or properties within the district.
(6) The authority may
terminate an agreement—
(a) by
serving on the owner and occupier of the land not less than five years notice
of termination; or
(b) in
circumstances that would have enabled the authority to exclude the land under
section 47(1)(c), (d) or (e) if it had been an irrigated property.
6—Exclusion of land from Cobdogla irrigation district
Section 48 applies to and in relation to the Cobdogla irrigation district
with the following variations:
(a)
strike out subsections (1), (2) and (3) and substitute the following
subsections:
(1) If the Minister
proposes to replace part of the Cobdogla irrigation or drainage system in
order to improve the efficiency with which irrigation water is supplied to or
drained from land in the district, the Minister may exclude an
irrigated property from the district if, in his or her opinion, expenditure of
the amount required to replace the part of the system that supplies water to,
or drains water from, that property cannot be justified when the area to be
irrigated or drained by that part of the system is taken into account.
(2) The estimated cost
of the proposal must be one million dollars or more and the proposal must be
made after this Act comes into operation or have been made within three years
before it came into operation.;
(b)
strike out subsection (7);
(c)
strike out the definition of the standard replacement cost in subsection (8)
and substitute the following definition:
the standard replacement cost in respect of an irrigated property means an
amount determined in accordance with the following formula:
Where—
A is the standard replacement cost
B is the estimated capital value of the pipes (or channels and pipes if the
system has not been fully converted to pipes) of the irrigation or
drainage system provided by the Minister after replacement of the relevant
part of the system
H 1 is the number of hectares that will be irrigated or drained by the
irrigation or drainage system after replacement of the relevant part of the
system
H 2 is the number of hectares of the property concerned that were subject to
irrigation at the time of service of the notice (or the last of the notices if
more than one) under section 47(2).