South Australian Repealed Acts

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This legislation has been repealed.



           Long Title

   PART 1--Preliminary

   1.      Short title
   5.      Interpretation

   PART 2--Constitution of the trust

   6.      Continuance of trust
   7.      Common seal
   8.      District of the trust
   9.      Purposes of trust

   PART 3--Members, auditors, and elections

           Division 1--Members

   10.     Members
   11.     Qualification of members of trust
   12.     Qualified persons compellable to serve
   13.     Vacancies
   14.     Annual retirement of members
   15.     Chairman not to draw lots
   16.     Retiring members to hold office until successors appointed
   17.     Lots to be before notice of nomination
   18.     Procedure on failure of members to draw lots
   19.     Vacancies existing at the annual election
   20.     Retiring member eligible for re-election
   21.     Chairman's and members' fees

           Division 2--Auditors

   22.     Election and retirement of auditors
   23.     Qualification of auditors
   24.     Vacancies in the office of auditor
   25.     Auditing accounts
   26.     Balance-sheet to be sent to owners and occupiers
   27.     Persons to be present at auditing accounts

           Division 3--Elections

   28.     Returning officer
   29.     Day of nomination
   30.     Form of nomination, and time for lodging
   31.     Proceedings on day of nomination
   32.     Notices of adjournment to be given
   33.     Procedure on failure of annual election and on extraordinary vacancy
   34.     Proceedings on supplementary election
   35.     Notices of adjournment
   36.     Proceedings in case of failure or avoidance of supplementary election
   37.     Retirement of persons elected to fill extraordinary vacancies
   38.     Notice of election
   39.     Procedure where trust fails to hold election

   PART 4--Management of the trust

   40.     Trust office
   41.     Election of chairman
   42.     Secretary
   43.     Annual meeting
   44.     Ordinary and special meetings
   45.     Special meetings
   46.     Notice of meeting
   47.     Quorum
   48.     Chairman
   49.     Business of trust to be carried on notwithstanding vacancy
   50.     Proceedings of trust valid notwithstanding defect of appointment etc
   51.     Inability of secretary etc to perform duties
   52.     Business falling on Sunday etc
   53.     Resolutions, how revoked or altered
   54.     Committees
   55.     Power to delegate powers to chairman
   56.     Minutes of meetings
   57.     Minute books and certified extracts therefrom evidence

   PART 5--General powers of the trust

   58.     Effect of this Act on water rights and correlative obligations
   59.     Distribution of water by trust
   60.     Trust may lay pipes for supply to townships
   61.     Limitation on supply of water to persons other than ratepayers
   62.     Property in water
   63.     Irrigation works not taxable
   64.     Supply of water to persons otherwise not entitled thereto
   65.     Power of trust to expend moneys for certain purposes
   65A.    Power to declare non-ratable land
   65B.    Payments before supplying of water to new land
   65C.    Power of trust to order method of irrigation
   65D.    Power of trust to order drainage
   65E.    Power to construct embankments
   66.     Procedure on subdivision of land
   67.     Modes in which trust may make, vary, and discharge contracts
   68.     Power to compound claims
   69.     Power to contract with other bodies or persons in certain cases
   70.     Power to let, manage, and improve property
   71.     Power to establish superannuation funds etc
   72A.    Control of subdivision of irrigated land
   72B.    Power of Trust to acquire land
   72C.    General powers of trust
   72D.    Power of trust to construct drains across roads
   73.     By-laws
   74.     No by-law to be repugnant to any laws in force
   75.     By-law not to exempt from proceedings for nuisance
   76.     Approval of regulations and by-laws
   77.     Minister may amend or revoke regulations and by-laws

   PART 6--Assessments

   78.     Assessment-book
   79.     New assessment to be made by assessors
   80.     Power to adopt previous assessment
   81.     Persons may have their names removed on change of ownership or occupation
   82.     Insertion of names in assessment
   83.     Power to rectify assessment-book
   84.     Notice of assessment
   85.     Appeal against assessment
   86.     Hearing of appeals
   87.     Time for appealing
   88.     Production of assessment book
   89.     Appeals from decision of trust
   90.     Costs of appeal

   PART 7--Rates

   91.     Rates
   92.     Declaration of water supply rates
   93.     Drainage rate
   94.     Special rate
   95.     Determination of amount to be raised by rate
   96.     Determination of area for rating purposes
   96A.    Record of rates payable and to be paid
   97.     Receipt and payment of money
   98.     Person liable to pay rates
   99.     Twenty-one days' notice to be given before recovery of rates
   100.    Interest in default of payment of rate
   101.    Liability of persons appearing in assessment book as owners
   102.    Rates, how recoverable
   103.    Procedure when rates in arrear
   104.    Power to let land for payment of rates
   105.    Power of sale
   106.    Transfer to have effect as ordered
   107.    Properties comprised in different assessments may be included in one application
   108.    Previous sales validated
   109.    Notice of application a condition precedent
   110.    After once offered for sale and unsold, lands may be sold privately
   111.    Application of proceeds
   112.    Transfer to purchaser
   113.    Clerk of local court may act as auctioneer
   114.    Power to lease property for arrears of rates

   PART 9--Loans

   122.    Power to borrow
   123.    Provision for grant of loans to trust
   123A.   Provision for further grant and loans to trust
   123B.   Provision for further grant for irrigation works and drainage
   123BA.  Loan for irrigation and water drainage
   123BB.  Loan for domestic water supply
   123BC.  Appropriation
   123BD.  Loan and grant for various purposes
   123C.   Arrangements for payments to trust
   123D.   Trust to keep special account
   124A.   Payment to trust on subdivision of ratable land

   PART 10--Sale and leasing of land

           Division 1--Renmark Allotment Board

   125.    Constitution and appointment of allotment board
   126.    Nomination of members of board
   127.    Appointment without nomination on failure to nominate
   128.    Casual vacancies

           Division 2--Proceedings and functions of board

   129.    Defects in appointment not to invalidate proceedings of board
   130.    Meetings of board
   131.    Quorum
   132.    Chairman
   133.    Who to preside at meetings
   134.    Member not to sit at meeting to consider application by himself or his partner or relative
   135.    Allotment in contravention of section 134 void
   136.    Powers and duties of board
   137.    Power to require evidence to be upon oath
   138.    Power to administer oath or affirmation
   139.    Punishment for perjury before the board

           Division 3--Certain land vested in the trust

   140.    Certain land vested in trust in fee simple
   141.    Land to be offered for sale

           Division 4--Trust may grant leases of certain land

   142.    Certain land may be leased by trust

           Division 5--Allotments of lands by trust

   143.    Notice of lands offered
   144.    Simultaneous applications
   145.    How simultaneous applications to be dealt with
   146.    Other things being equal, Renmark settler to be preferred
   147.    Board to report, and successful applicants to be gazetted
   148.    Power to offer lands not taken

           Division 6--Terms and conditions of agreements and leases

   149.    Agreement to purchase
   150.    Agreement liable to forfeiture
   151.    Terms and conditions of lease

   PART 11--Ratepayers' meetings, elections, and polls

   152.    Ratepayers' meetings
   153.    General provision for voting at ratepayers' meetings
   154.    General provisions for voting at elections and polls
   155.    Payment of rates before voting
   156.    Powers of returning officer
   157.    What shall be deemed acts of bribery and corruption
   158.    Any of the above acts to disqualify
   159.    Principals bound by acts of their agents
   160.    Acts of bribery and corruption by person not being the authorised agent
   161.    Penalty on persons receiving or offering reward for voting or withholding vote
   162.    No action against candidate for costs or expenses of election
   163.    Provision in the event of impediments of a formal nature

   PART 12--Miscellaneous

   164.    Limitation of liability to make compensation
   165.    Compensation determined by Land and Valuation Court
   166.    Procedure and powers of court
   168.    Incomplete works
   169.    Principles in awarding compensation
   170.    One sum may be awarded for all interest affected
   171.    Trust not liable for accidental failure of supply
   172.    Free passage to be given to supply water
   173.    Penalty for illegally diverting water
   174.    Penalty for destruction of works
   175.    Penalty for unlawful injury of property
   175A.   Private works
   175B.   Connection of private drains
   176.    Penalty for unlawfully taking water
   177.    Notification of waters required to be kept free
   178.    Penalty for nuisance in irrigation area
   179.    Disqualified person acting as member or auditor
   180.    Disqualified person to give notice of disqualification
   181.    Person elected member refusing to act
   182.    Person elected as member and failing to defend his title to the office
   183.    Penalty on minors voting at elections or acting as members
   184.    Shareholder in company which is interested, voting
   185.    Penalty for obstructing trust, officers etc
   186.    Persons examined on oath etc making false statement
   187.    Forgery
   188.    Persons publishing false statements in Gazette
   189.    Non-performance of provisions of this Act
   190.    Penalty for offence against this Act
   191.    Power to remit fines
   192.    Conviction not to bar action
   193.    Service of notices and demands
   194.    Penalties exclusive of other damages
   195.    Service of notices and legal proceedings
   196.    Authentication of documents by the trust
   197.    Representation of trust in cases of bankruptcy
   198.    Representation of trust before justices and in local court
   199.    Reimbursement of officer
   200.    Powers of entry by officers of trust
   201.    No writ of quo warranto allowed to try title to any office
   202.    No mandamus to issue from Supreme Court
   203.    Proceedings for trying title of member etc
   204.    Jurisdiction of court
   205.    Procedure on non-compliance with order
   206.    Time within which proceedings may be taken
   207.    Complaints
   208.    Magistrate not disqualified because a ratepayer
   209.    Recovery of penalties
   211.    Prosecution of officers
   212.    Actions against members
   213.    Gazette evidence of appointments and elections notified therein
   214.    Gazette evidence of resolution of trust notified therein
   215.    Gazette conclusive evidence of proclamation and prima facie evidence of facts stated therein
   216.    Assessment book and certified copies of or extracts therefrom made evidence
   217.    Notice of declaration of rate conclusive evidence
   218.    Ratepayers entitled to signed copy of by-laws on payment of one dollar
   219.    By-laws, minutes, contracts etc or certified copies, evidence
   220.    Saving of rules of evidence
   221.    Limitation of liability of trustee, agent, or attorney
   222.    Declarations
   223.    Advertisements to be paid for by trust
   224.    Preservation of rights
   224A.   Power to include portions of district in water districts under Waterworks Act
   225.    Commonage for municipality of Renmark
   225A.   Power to grant channel land to trust
   226.    Validation of certain order, proclamation, and leases and agreements for sale and purchase
           SCHEDULE 2
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 8
           SCHEDULE 9--Notice to owners etc
           Legislative history

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