South Australian Repealed Acts

This legislation has been repealed.

IRRIGATION ACT 1994 - SECT 47

47—Exclusion of land from an irrigation district

        (1)         An authority may exclude land from its irrigation district in accordance with this section if—

            (a)         the land has not been used to carry on the business of primary production during the year ending on the date of service of the notice (or the last of the notices if more than one) under subsection (2); or

            (b)         the land is not suitable for the purpose of carrying on the business of primary production; or

            (c)         the retention of water by the land is so low that—

                  (i)         water supplied for irrigation purposes is not used efficiently; or

                  (ii)         too much water carrying salt or other pollutants drains from the land onto or into other land or into a watercourse; or

            (d)         the land cannot be drained efficiently; or

            (e)         the authority decides pursuant to section 48 that the land should be excluded from the district.

        (2)         The authority must serve at least three months (but not more than 12 months) notice of its proposal to exclude land from its district under subsection (1) on the owner and the long term occupier of the land (if any) and on a person (if any) who has a registered interest in the land.

        (3)         The notice must set out the ground or grounds on which the authority proposes to exclude the land.

        (4)         The authority may, after considering the representations (if any) made by the persons on whom the notice has been served under subsection (2), exclude the land from its district.

        (5)         The authority must serve notice of the exclusion of the land on the persons on whom notice was served under subsection (2) and must, by public notice, inform members of the public of the exclusion of the land from the district.

        (6)         Subject to subsection (7), the exclusion of land under this section operates from service of the notice under subsection (5) or from such later date as is specified in the notice.

        (7)         The exclusion of land on the basis of cost under section 48 cannot operate until it is necessary to disconnect the land from the existing irrigation or drainage system in the course of replacing the system or the relevant part of it.

        (8)         Where the exclusion of land operates from a date that falls within a charging period the amount of the charges will be adjusted and any excess paid to the authority must be repaid by the authority.

        (9)         A trust must not exclude land from its district under this section without the consent in writing of the Minister.