South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
48—Exclusion of land on basis of cost
(1) If an authority
proposes to replace at least 80 per cent of the channels or pipes comprising
the irrigation or drainage system provided by the authority in order to
improve the efficiency with which irrigation water is supplied to or drained
from land in its district, it may exclude an irrigated property from its
district if, in its 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 proposal must
be to replace the channels or pipes at the one time or to replace them in a
series of stages spread over a period of not more than 10 years.
(3) The proposal may
have been made, and a stage or stages of the proposal may have been completed
or be in progress, when this Act comes into operation.
(4) An authority must
not exclude an irrigated property from its district under subsection (1)
if the owner or occupier of the property pays to the authority an amount
equivalent to the cost of replacing the part of the system that supplies water
to, or drains water from, the property less the standard replacement cost in
respect of that property.
(5) If the owners or
occupiers of two or more properties propose making a payment under
subsection (4) in respect of the cost of replacing the same part of
the irrigation or drainage system, the amount to be paid under that subsection
in respect of each property in respect of that part of the system will be
calculated on the basis that the cost of replacing that part of the
irrigation or drainage system is shared in proportion to the number of
hectares on each property 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)
in respect of the property concerned.
(6) An authority
cannot exclude an irrigated property or two or more irrigated properties from
its district under subsection (1) if the water allocation of that
property or the aggregate of the water allocations of those properties exceeds
25 per cent of the aggregate of the water allocations of all the irrigated
properties in the district.
(7) When calculating
the percentage referred to in subsection (1), the part of the system that
supplies water to, or drains water from, an irrigated property that will be
excluded under subsection (1) or that would, but for subsection (4),
be excluded under that subsection will be ignored.
(8) In this section,
unless the contrary intention appears—
"the irrigation or drainage system" provided by an authority means all
the irrigation or drainage systems provided by the authority if it provides
more than one such system;
"the part of the system that supplies water to, or drains water from , an
irrigated property means that part of the system that is only used to supply
water to, or drain water from, the property or from the property and other
properties that the authority proposes to exclude under subsection (1);
"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 cost of replacing the channels or pipes in accordance
with the proposal or, where a stage of the proposal has been completed, the
actual cost of completing that stage and the estimated cost of completing the
remaining stages of the proposal
"H" "1" is the number of hectares that will be irrigated or drained by
the irrigation or drainage system after the proposed replacement program is
completed
"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).