South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
54—Restrictions on and obligations of landowners
(1) A landowner in an
irrigation district must not—
(a)
connect a channel or pipe to the irrigation or drainage system of the
district; or
(b)
place a structure or install equipment in a channel or pipe connected to the
irrigation or drainage system of the district; or
(c)
supply water supplied to him or her under this Act to any other person,
unless he or she does so at the direction, or with the approval, of the
irrigation authority under this Act.
(2) A landowner must
not use a method of distributing irrigation water to plants on his or her land
that has not been approved by the irrigation authority in respect of the land
and the plants to be irrigated.
(3) A landowner—
(a) must
ensure that irrigation water does not drain or otherwise escape onto or into
adjoining land so as to cause a nuisance to the adjoining landowner;
(b) must
maintain, and when necessary repair or replace the irrigation and
drainage systems provided by the landowner;
(c) must
not block or impede the flow of water in any part of the irrigation or
drainage system except at the direction, or with the approval, of the
authority;
(d)
must, when necessary, clear channels and pipes of the irrigation or
drainage system provided by the landowner;
(e) must
ensure that channels and pipes on his or her land including those forming part
of the irrigation and drainage systems provided by the authority are protected
from damage that is reasonably foreseeable.
(4) Where, in the
opinion of an irrigation authority, it is necessary or desirable in the
interests of supplying water efficiently to, or draining water efficiently
from, land, or in order to meet any duty or other requirement under the
Water Resources Act 1997 (including a licence under that Act) or the
River Murray Act 2003 , the authority may by notice served on a landowner
direct the landowner—
(a)
to—
(i)
construct or erect channels, embankments, structures,
tanks, ponds, dams or other facilities for holding water;
(ii)
lay pipes;
(iii)
install fittings or pumps or other equipment,
on his or her land; or
(b) to
widen or deepen channels forming part of the irrigation or drainage system
provided by the landowner, to install fittings or equipment for or in relation
to irrigating the land or to carry out any other work on the land; or
(c) to
provide a barrier that is impervious to water on the sides and bed of a
channel forming part of the irrigation or drainage system provided by the
landowner; or
(d) to
undertake such other act or activity as is specified in the notice.
(5) An
irrigation authority may by notice served on a landowner direct the
landowner—
(a) to
erect fences to keep stock or other animals away from channels or pipes on the
land;
(b) to
comply with the requirements of one or more of the other provisions of this
section.
(6) A notice under
subsection (4) or (5) may specify—
(a) the
dimensions and gradients of channels, pipes or other works; and
(b) the
dimensions, design, constituent materials and other specifications of—
(i)
the barrier to prevent or reduce seepage of water from a
channel;
(ii)
pipes, structures (including fences) fittings or
equipment.
(7) If the landowner
fails to comply with a notice the authority may enter the land and take the
action specified in the notice and such other action as the authority
considers appropriate in the circumstances and the authority's costs will be a
debt due by the landowner to the authority.
(8) A landowner who
contravenes or fails to comply with a provision of this section or of a notice
served on the landowner under subsection (4) or (5) is guilty of an
offence.
Maximum penalty: $2 500.
Expiation fee: $210.