South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) A person incurs no
civil liability for an honest act or omission in the exercise or discharge, or
purported exercise or discharge, by the person or by a trust, board or
committee of which he or she is a member, of a power, function or duty under
this Act in relation to an irrigation district.
(2) Subject to
subsections (3) and (4), a liability that would but for
subsection (1), lie against the person referred to in that subsection,
lies instead against the irrigation authority for the district.
(3) An
irrigation authority is not liable for loss or damage caused by, or resulting
from—
(a)
rises or falls in the water level in the watercourse, aquifer or other source
from which it takes water for irrigation purposes or in the watercourse, lake,
lagoon, swamp, marsh or aquifer into which it drains water; or
(b) the
escape of water from the irrigation or drainage system provided by the
authority except where the authority knew, or should have known, that water
was escaping or was likely to escape and failed, without reasonable excuse, to
prevent the escape; or
(c) the
authority's failure to supply water in accordance with this Act where the
failure was caused by a break down in the irrigation system provided
by the authority, except where the authority knew, or should have known, of
the break down, or the likelihood of the break down occurring, and failed,
without reasonable excuse, to rectify or prevent it.
(4) An
irrigation authority is not liable for loss or damage caused by, or resulting
from, any action—
(a) 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 ; or
(b) to
further the objects of the River Murray Act 2003 or the Objectives for a
Healthy River Murray under that Act.