(1) The members of an
irrigation trust may apply to the Minister for the dissolution of the trust.
(2) The
application—
(a) must
be made in a manner and form determined by the Minister; and
(b) be
accompanied by the prescribed fee.
(3) The decision by a
trust to dissolve must be made pursuant to a resolution of the trust.
(4) A resolution under
subsection (3) must be supported by 80% or more of the number of votes
cast at a meeting of the trust.
(5) If the Minister is
satisfied that due application has been made, the Minister may dissolve the
trust by notice in the Gazette.
(6) The notice will
operate from the date of publication or from a later date specified in the
notice.
(7) When the notice
comes into operation—
(a) the
trust is dissolved; and
(b) any
water licence held by the trust—
(i)
will vest in 1 or more persons determined or
approved by the Minister; or
(ii)
will be dealt with in some other manner determined or
approved by the Minister,
subject to the operation of the Landscape South Australia Act 2019 ; and
(c) the
property, rights and liabilities of the trust—
(i)
will vest in or attach to 1 or more persons specified by
the Minister in the notice; or
(ii)
will, if, in the opinion of the Minister, it is not
practicable or appropriate for the property, rights and liabilities to vest in
or attach to a person under subparagraph (i), vest in or attach to—
(A) the Crown; or
(B) an agency or instrumentality of the
Crown (including a Minister),
as specified by the Minister in the notice.
(8) The Minister must
consult with the Minister responsible for the administration of the
Landscape South Australia Act 2019 before acting under
subsection (7)(b).
(9) The notice may
impose such terms and conditions as the Minister thinks fit—
(a) on
the members of the trust; and
(b) on
other persons who own or occupy land that, immediately before the dissolution
of the trust, constitutes serviced property under this Act.