South Australia: Renmark Irrigation Trust Act 2009 (SA)

South Australia Renmark Irrigation Trust Act 2009 An Act to provide for the continuation of the Renmark Irrigation Trust for the purposes of the management and operation of certain shared infrastructure for irrigation or drainage purposes in the area around Renmark; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Constitution of trust Division 1—Continuation of trust 4 Continuation of trust 5 Rules 6 Manner in which contracts may be made Division 2—Members 7 Members 8 Rights and liabilities of membership 9 Calling of meetings 10 Procedures at meetings 11 Voting at meetings Part 3—Management of trust Division 1—Board of management 12 Board of management 13 Appointment of directors, term of office and remuneration 14 Disclosure of interest 15 Members' duties of honesty, care and diligence 16 Validity of acts and immunity of members 17 Presiding member and deputy presiding member 18 Proceedings 19 Delegation Division 2—Accounts and audit 20 Accounts to be kept 21 Preparation of financial statements 22 Accounts etc to be laid before annual general meeting Division 3—Committees 23 Committees Part 4—Functions and powers of trust Division 1—Functions of trust 24 Functions of trust Division 2—Powers of trust 25 Powers of trust 26 Further powers of trust 27 Delivery of water or supply of drainage to other persons 28 Supply or delivery of water for other purposes 29 Drainage of other water Division 3—Irrigation rights, water entitlements and trading 30 Fixing of irrigation rights 31 Surrender or transfer of water available under irrigation rights 32 Surrender or transfer of irrigation rights 33 Transformation of irrigation rights 34 Trust may determine to devolve water licence 35 Promotion of water trades Division 4—Other matters 36 Power to restrict supply or to reduce water made available 37 Power of delegation 38 Appointment of authorised officers 39 Powers of authorised officers 40 Hindering etc persons engaged in the administration of this Act Part 5—Protection and facilitation of systems 41 Protection and facilitation of systems Part 6—Charges for irrigation and drainage Division 1—Declaration of charges 42 Charges 43 Declaration of water supply charges 44 Minimum amount 45 Drainage charge 46 Special rate 47 Determination of area for charging purposes 48 Interest 49 Notice of resolution for charges 50 Minister's approval required 51 Related matters Division 2—Recovery of charges 52 Liability for charges 53 Recovery rights 54 Sale of land for non‑payment of charges 55 Trust may remit interest and discount charges Part 7—Financial provisions 56 Trust's power to borrow etc Part 8—Dissolution of trust 57 Dissolution on application 58 Dissolution on Minister's initiative 59 Disposal of property on dissolution Part 9—Appeals 60 Appeals 61 Decision may be suspended pending appeal 62 Appeal against proposal to dissolve trust 63 Constitution of Environment, Resources and Development Court Part 10—Miscellaneous 64 Protection from liability 65 Division of land 66 False or misleading information 67 Protection of irrigation system etc 68 Unauthorised use of water 70 General defence 71 Proceedings for offences 72 Evidentiary provisions 73 Service etc of notices 74 Certain land vested in trust in fee simple 75 Power of trust to construct infrastructure across roads 76 Excluded matters 77 Regulations 78 Expiry of Act Schedule 1—Transitional provisions Part 4—Transitional provisions 4 Interpretation 5 Members 6 Presiding member and deputy presiding member 7 Directors 8 Resolutions 9 Irrigation rights 10 Charges and rates 11 Other provisions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Renmark Irrigation Trust Act 2009. 3—Interpretation (1) In this Act, unless the contrary intention appears— authorised officer means a person for the time being appointed to be an authorised officer under this Act; board of management or board means the board of management of the trust; channel includes a watercourse; charging period means the period in relation to which the trust has declared a water supply charge; Commonwealth water rules means any rules under Part 4 of the Water Act 2007 of the Commonwealth; conveyance water means the water necessary to support the delivery of water through an irrigation system; council means a council constituted under the Local Government Act 1999; director means a person holding office as a member of the board of management of the trust; drain includes to pump water from low lying land; drainage system means a system of channels, pipes, structures, fittings and equipment used in the drainage of irrigation water from land and includes a tank, pond, dam or other facility for holding water that is connected to such a system; drainage system provided by a landowner means those parts of a drainage system— (a) that have been provided by a landowner, or a predecessor of a landowner; or (b) in relation to which a landowner, or a predecessor of a landowner, has assumed responsibility for maintenance; or (c) that a landowner is liable to maintain pursuant to an agreement or arrangement with the trust; drainage system provided by the trust means those parts of a drainage system that are not parts of the drainage system provided by a landowner; irrigation right means an entitlement fixed by the trust under Part 4 Division 3; irrigation system means a system of channels, pipes, structures, fittings and equipment used in the collection and delivery of water for irrigating land and includes a tank, pond, dam or other facility for holding water that is connected to such a system; irrigation system provided by a landowner means those parts of an irrigation system— (a) that have been provided by a landowner, or a predecessor of a landowner; or (b) in relation to which a landowner, or a predecessor of a landowner, has assumed responsibility for maintenance; or (c) that a landowner is liable to maintain pursuant to an agreement or arrangement with the trust; irrigation system provided by the trust means those parts of an irrigation system that are not parts of the irrigation system provided by a landowner; irrigation water means water supplied or delivered through the use of an irrigation system provided by the trust for irrigating land; land includes an interest in land; landowner means an owner or occupier of land; local newspaper, in relation to a notice that relates to the trust, means a newspaper circulating in the locality in which an irrigation or drainage system provided by the trust is situated; owner of land means— (a) in relation to land alienated from the Crown by grant in fee simple—the holder of the fee simple; (b) in relation to land held under a Crown lease or licence—the lessee or licensee; (c) in relation to land held under an agreement to purchase from the Crown—the person entitled to the benefit of the agreement; presiding member—see section 17; public notice means a notice published in a local newspaper; serviced property means land— (a) that is used to carry on the business of primary production and is managed as a single undertaking for the purpose of carrying on that business; and (b) that is connected to an irrigation or drainage system provided by the trust under this Act; trust means the Renmark Irrigation Trust; voting member means a member of the trust who is entitled to vote at meetings of the trust; watercourse means a river, creek or other natural watercourse (whether modified or not); water licence means a water licence under the Landscape South Australia Act 2019 entitling the holder to take water from a watercourse, lake or well. (2) If an irrigation or drainage system extends to a point on land or on, or near the boundary of, land and incorporates a valve, slide gate, sluice, entry sump or other similar fitting at that point through which irrigation water can be supplied to the land or water can be drained from the land, the land will be taken to be connected to the irrigation or drainage system. (3) If the trust reads a meter within 14 days before or after the end of a charging period, the quantity of water supplied to the land during that period and the next succeeding charging period will be determined on the assumption that the reading had been taken on the last day of the first mentioned charging period. (4) For the purposes of this Act, 21 days notice of an intention to propose a resolution of the trust will be taken to have been given if 21 days or more before the resolution is passed written notice is given to every member of the trust— (a) setting out the text of the proposed resolution; and (b) specifying the time and place of the meeting at which it is proposed to move the resolution. Part 2—Constitution of trust Division 1—Continuation of trust 4—Continuation of trust (1) The Renmark Irrigation Trust continues as the Renmark Irrigation Trust. (2) The trust— (a) continues as a body corporate; and (b) has perpetual succession and a common seal; and (c) can sue and be sued in its corporate name; and (d) has the functions and powers assigned or conferred by or under this or any other Act. 5—Rules (1) The trust may have a set of rules relating to the membership, management or operations of the trust. (2) A set of rules of the trust— (a) must comply with any prescribed requirements; and (b) must not contain any provision that is contrary to or inconsistent with this Act; and (c) may provide for the imposition and payment of application and other fees by members of the trust (including a fee to be paid by a person if or when the person ceases to be a member of the trust); and (d) may provide for or regulate the times at which irrigation water may be used; and (e) may provide for other matters to facilitate— (i) the effective management of an irrigation or drainage system provided by the trust; or (ii) the efficient supply, delivery or use of water provided by an irrigation system provided by the trust; or (iii) the efficient drainage, management or disposal of water through a drainage system provided by the trust; and (f) may provide for such other matters as may be prescribed by the regulations or expedient for the purposes of the trust. (3) An alteration to the rules of the trust may be made by ordinary resolution of the trust unless provision is otherwise made in the rules of the trust. (4) Subject to any provision in the rules of the trust or a resolution to the contrary, an alteration to the rules of the trust comes into force at the time that the alteration is passed. (5) The rules of the trust bind the trust and the members of the trust. (6) It will not be presumed that a person dealing with the trust, or an agent of the trust, has notice of the rules of the trust. (7) The trust must, at the request of the Minister, furnish the Minister with an up‑to‑date copy of the rules of the trust within a period specified by the Minister at the time that the request is made. Maximum penalty: $500. 6—Manner in which contracts may be made (1) Contracts may be made by or on behalf of the trust as follows: (a) a contract which, if made between private persons, would be required to be in writing under seal may be made by the trust under its common seal; (b) a contract which, if made between private persons, would be required to be in writing signed by the parties to be charged may be made on behalf of the trust in writing by any person acting under its authority, express or implied; (c) a contract which, if made between private persons, would be valid although made by parol only may be made by parol on behalf of the trust by any person acting under its authority, express or implied. (2) A contract may be varied or rescinded by or on behalf of the trust in the same manner as it is authorised to be made. Division 2—Members 7—Members (1) The persons who are members of the trust on the commencement of this Act continue as members of the trust. (2) Other persons who carry on the business of primary production may be admitted as members of the trust by resolution of the trust or as provided by the rules of the trust. (3) A person ceases to be a member of the trust in any of the following circumstances or as otherwise provided by this Act: (a) if the trust resolves that the membership should be discontinued— (i) on the ground that the member has ceased on a permanent basis to carry on the business of primary production that gives rise to his or her entitlement to membership; or (ii) on any other reasonable ground determined by the trust; (b) if the member resigns; (c) on death (subject to any provision made by the trust or by law for a legal personal representative of the estate of a deceased member to continue to exercise the rights or to manage the business of the deceased member); (d) in the case of a member that is a body corporate—if the body is dissolved. (4) The presiding member of the board will be the presiding member of the trust and the deputy presiding member of the board (if any) will be the deputy presiding member of the trust. (5) The deputy presiding member of the trust may act as the presiding member in the absence of the presiding member or during a vacancy in the office of presiding member. (6) If there is no deputy presiding member, a person selected by the board may act as the presiding member in the absence of the presiding member or during a vacancy in the office of presiding member. 8—Rights and liabilities of membership (1) Membership of the trust does not confer on a member, except as may be provided by this Act, any right, title or interest in any real or personal property of the trust. (2) Except as provided by this Act, a member of the trust is not liable to contribute towards the payment of the debts and liabilities of the trust or the costs, charges and expenses of a winding up of the trust. 9—Calling of meetings (1) A meeting of the trust may be called at any time by the presiding member, by the board of the trust, or by at least 10% of the voting members of the trust. (2) The presiding member must call a meeting of the trust (the annual general meeting) at least once in each year. (3) At least 7 days written notice specifying the time and place of each meeting must be given to every member of the trust (subject to any other requirements under another provision of this Act). 10—Procedures at meetings (1) The presiding member will preside at meetings of the trust or, in his or her absence, a member chosen by the members present will preside. (2) A quorum for a meeting of the trust is— (a) one third of the voting members of the trust or 10 voting members whichever is the smaller number; or (b) such other number as the trust may from time to time determine. (3) When determining whether a quorum is present at a meeting, both voting members who are present at the meeting and those who are represented at the meeting for the purposes of voting will be counted. (4) Subject to this Act, a resolution will be carried if the value of the votes supporting it exceeds the value of the votes against it but if the values are equal the resolution will be carried if it is supported by the person presiding at the meeting. (5) 21 days notice must be given of a resolution that varies or revokes a decision made by resolution of the trust within the preceding 12 months. (6) Subject to this Act, the trust may determine its own procedures. (7) The trust must keep minutes of its proceedings. 11—Voting at meetings (1) Subject to this section, a member of the trust is entitled to vote at meetings of the trust. (2) A member may nominate another person to attend and vote at meetings on his or her behalf. (3) If 2 or more persons are members of the trust with respect to the same undertaking concerned with carrying on the business of primary production, a person must be nominated by them all to vote. (4) A nomination referred to in subsections (2) and (3) must be made by written notice to the trust and may be revoked by the member, or all of the members, by subsequent written notice to the trust. (5) If a person who is not a member of the trust has been nominated by a member or members to attend and vote at a meeting of the trust, that person must be regarded as a member of the trust for the purposes of proceedings at the meeting. (6) Subject to subsection (7), the values of votes at meetings of the trust will be in proportion to the respective water allocations to which the members of the trust are entitled at any particular time on account of either or both of the following: (a) irrigation rights held by members of the trust; (b) water licences held by members of the trust. (7) Despite a preceding subsection, if the trust resolves to apply this subsection, then the value of votes at a meeting of the trust will be set in some other manner determined by the trust. (8) A determination under subsection (7) may be based on or include criteria that exclude a member from holding an entitlement to vote if the member— (a) does not own or occupy land to which irrigation water is supplied or delivered that has an area that is at least equal to a minimum area determined by the trust for the purposes of this subsection; (b) does not have an entitlement to the supply or delivery of water that is at least equal in volume to a minimum volume determined by the trust for the purposes of this subsection. (9) The basis for determining the values of votes can be changed but only by resolution of the trust of which 21 days notice must be given. (10) A resolution under subsection (6) or (7) must be supported by 80% or more of the number of votes cast at a meeting of the trust. Part 3—Management of trust Division 1—Board of management 12—Board of management (1) The trust will appoint a board of management of the trust to carry out the day to day operations of the trust and to manage its general affairs. (2) The board will consist of 7 members of the trust (who will be called directors). 13—Appointment of directors, term of office and remuneration (1) Subject to this section, a director will be elected at the annual general meeting of the trust. (2) A member of the trust is not eligible for election as a director if the member— (a) is an undischarged bankrupt or is taking the benefit of a law for the relief of insolvent debtors; or (b) is in arrears for a period of 6 months or more with respect to the payment of any water supply or drainage charge, or special rate, under Part 6; or (c) is an employee of the trust; or (d) is a member who is not entitled to vote at a meeting of the trust; or (e) is a member who is not entitled to be a member of the board under the rules of the trust or on account of a resolution of the trust. (3) Subject to subsections (4) and (5), a director will hold office for a term of 2 years (with each period between the annual general meetings of the trust to be taken to be 1 year) and, at the expiration of a term of office, will be eligible for re‑election. (4) The office of a director becomes vacant if the person holding the office— (a) dies; or (b) completes a term of office and is not re‑elected; or (c) resigns by written notice to the board; or (d) ceases to be eligible for election as a member of the board under subsection (2); or (e) is convicted of an indictable offence; or (f) is found guilty of an offence against section 14; or (g) is removed from office by resolution of the trust. (5) If a casual vacancy occurs in the office of a director, the remaining members of the board may appoint a person to the vacant office for the balance of the former director's term of office. (6) A director is entitled to remuneration, allowances and expenses determined or approved by the trust. 14—Disclosure of interest (1) A director who has a direct or indirect personal or pecuniary interest in a matter under consideration by the board— (a) must, as soon as he or she becomes aware of the interest, disclose the nature and extent of the interest to the board; and (b) must not take part in any deliberations or decision of the board on the matter and must be absent from the room when any such deliberations are taking place or decision is being made. Maximum penalty: $10 000. (2) If a director discloses an interest in a contract or proposed contract and complies with the other requirements of this section— (a) the contract is not liable to be avoided by the board; and (b) the director is not liable to account for profits derived from the contract. (3) If a director fails to make a disclosure of interest or fails to comply with the other requirements of this section in respect of a proposed contract, the contract is liable to be avoided by the board. (4) A contract may not be avoided under subsection (3) if a person has acquired an interest in property the subject of the contract in good faith for valuable consideration and without notice of the contravention. (5) If, in the trust's opinion, the holding of a particular interest is not consistent with the proper discharge of the duties of a member of the board, the trust may direct the member either to divest himself or herself of the interest or to resign from the board (and non‑compliance with the direction constitutes a ground for removal of the member from the board). (6) A disclosure under this section must be recorded in the minutes of the board. (7) This section does not apply to an interest that a director shares in common with all or a substantial proportion of the members of the trust. 15—Members' duties of honesty, care and diligence (1) A director must at all times act honestly in the performance of official functions. Maximum penalty: $10 000. (2) A director must at all times act with reasonable care and diligence in the performance of official functions. Maximum penalty: $10 000. (3) A director or former director must not make improper use of information acquired because of his or her official position to gain, directly or indirectly, a personal advantage for himself, herself or another, or to cause detriment to the trust. Maximum penalty: $10 000. (4) A director must not make improper use of his or her official position to gain, directly or indirectly, a personal advantage for himself, herself or another, or to cause detriment to the trust. Maximum penalty: $10 000. (5) This section is in addition to, and does not derogate from, other laws. 16—Validity of acts and immunity of members (1) An act or proceeding of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a director. (2) A director incurs no civil liability for an honest act or omission in the performance or exercise, or purported performance or exercise, of the director's or the board's functions, duties or powers under this or any other Act. (3) The immunity conferred by subsection (2) does not extent to culpable negligence. (4) A civil liability that would, but for this section, attach to a member attaches instead to the trust. 17—Presiding member and deputy presiding member (1) The directors must, at the first meeting of the board held after an annual general meeting of the trust, select 1 of their number to be the presiding member of the board (and therefore of the trust). (2) The directors may also select 1 of their number to be the deputy presiding member of the board (and therefore of the trust). (3) Subject to subsections (4) and (5), a person selected under subsection (1) or (2) will hold office until the conclusion of the next annual general meeting of the trust held after his or her selection (and is eligible for reappointment if he or she continues or is re‑elected as a member of the board). (4) A person selected under this section may be removed from office by resolution of the board. (5) The office of a person selected under this section becomes vacant before an annual general meeting of the trust if the person holding the office— (a) dies; or (b) resigns by written notice to the board; or (c) ceases to be a member of the board or of the trust; or (d) is removed from office under subsection (4). (6) If a casual vacancy occurs in the office of the presiding member or deputy presiding member, the members (or remaining members) of the board may appoint another of their number to the vacant office (and to hold office until the conclusion of the next annual general meeting of the trust). 18—Proceedings (1) A quorum of the board consists of 4 directors. (2) The presiding member will preside at meetings of the board or, in the absence of the presiding member, a member chosen by those present will preside. (3) A decision carried by a majority of the votes cast by directors at a meeting is a decision of the board. (4) Each director present at a meeting of the board has 1 vote on any question arising for a decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (5) A telephone or video conference between directors constituted in accordance with procedures determined by the board will, for the purposes of this section, be taken to be a meeting of the board at which the participating members are present. (6) A resolution of the board— (a) of which prior notice was given to all directors in accordance with procedures determined by the board; and (b) in which a majority of the directors expressed their concurrence in writing, will be taken to be a decision of the board made at a meeting of the board. (7) The board must have accurate minutes kept of its proceedings. (8) At the request of a member of the trust, the board must provide the member with a copy of the minutes of the proceedings of the board for a meeting held on a specified day or for meetings held over a specified period. (9) The board may set a fee that must be paid before minutes are supplied under subsection (8). (10) Subject to this Act, the board may determine its own procedures. 19—Delegation (1) The board of management may delegate a function or power of the board— (a) to a director; or (b) to another person (including the person for the time being holding or occupying a particular position) or body. (2) A delegation under this section— (a) must be made by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the board to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. Division 2—Accounts and audit 20—Accounts to be kept The trust must cause proper accounts to be kept of its financial affairs. 21—Preparation of financial statements (1) The trust must, as soon as practicable after the end of each financial year, cause financial statements in respect of that financial year to be prepared in accordance with recognised accounting standards and cause the statements to be audited. (2) An audit must be carried out by— (a) a registered company auditor; or (b) a firm of registered company auditors; or (c) a member of the Australian Society of Certified Practising Accountants; or (d) a member of The Institute of Chartered Accountants in Australia; or (e) a member of the National Institute of Accountants. (3) A member of the trust must not be appointed as auditor of the accounts of the trust. (4) An auditor of the trust has a right of access at all reasonable times to the accounts and accounting records of the trust and is entitled to require from any officer or employee of the trust or any other person such information and explanations as he or she requires for the purposes of the audit. (5) An officer or employee of the trust or other person must not, without lawful excuse— (a) refuse or fail to allow an auditor access, for the purposes of an audit, to any accounts or accounting records of the trust in his or her custody or control; or (b) refuse or fail to give any information or explanation as and when required by an auditor; or (c) otherwise hinder, obstruct or delay an auditor in the exercise or performance of a power or function of the auditor. Maximum penalty: $5 000. (6) An auditor must, on the completion of the audit, prepare a report on the audit. 22—Accounts etc to be laid before annual general meeting (1) At each annual general meeting of the trust, the trust must lay before the meeting— (a) a copy of the audited financial statements of the trust for the previous financial year and a copy of the auditors report; and (b) a report prepared by the trust on the operations of the trust in the previous financial year. (2) At the request of the Minister or any member of the trust, the trust must provide the Minister or member with a copy of the audited financial statements, the auditors report and the report prepared by the trust in respect of the financial year to which the request relates. Division 3—Committees 23—Committees (1) The trust may establish committees (which may, but need not, consist of or include members of the trust) to advise the trust on any aspects of its functions, or to assist it in the performance of its functions. (2) The board of management may establish committees (which may, but need not, consist of or include members of the board of management) to advise the board on any aspects of its functions, or to assist it in the performance of its functions. Part 4—Functions and powers of trust Division 1—Functions of trust 24—Functions of trust (1) The trust has the following functions: (a) to provide, maintain, operate and manage an irrigation system or irrigation systems; (b) to provide, maintain, operate and manage a drainage system or drainage systems; (c) such other functions as are specified or prescribed by or under this or any other Act. (2) The trust may operate— (a) on the basis that some or all of the water supplied through an irrigation system managed by the trust will be supplied under a water licence held by the trust; or (b) on the basis that the trust will deliver water to members of the trust for the purposes of water licences held by the members (rather than under a water licence held by the trust). (3) Subsection (2)— (a) does not prevent the trust from delivering water to any person who holds a water licence independently of the trust; and (b) does not prevent the trust from holding 1 or more water licences in order— (i) to provide or manage any conveyance water; or (ii) to provide or manage any water for the purposes of other services provided by the trust. (4) The trust may, in connection with the operation of subsections (1), (2) and (3), set terms and conditions associated with— (a) the use of any irrigation system or drainage system provided by the trust; (b) the supply or delivery of water by the trust. (5) The trust must— (a) in determining terms or conditions on which water is supplied or delivered to, or drained from, land; or (b) in holding or dealing with any water licence, ensure— (c) that it complies with the other provisions of this Act; and (d) that it is able to meet any requirements imposed under the Landscape South Australia Act 2019; and (e) that it is not acting in breach, or imposing any requirement that would result in a person acting in breach, of any duty or other requirement prescribed by or under the River Murray Act 2003; and (f) that it complies with any requirements imposed by or under the Water Act 2007 of the Commonwealth. (6) The trust must, in the performance of its functions, take all reasonable steps to ensure that it operates in a financially responsible manner. (7) Without limiting subsection (6), the trust must seek to raise and maintain adequate capital to provide for infrastructure maintenance, replacement and improvements and, depending on the scope of its operations and plans, extensions and expansions. Division 2—Powers of trust 25—Powers of trust (1) In order to carry out its functions the trust may— (a) construct or erect channels, embankments, roads, buildings or structures, tanks, ponds, dams or other facilities for holding water or any other works; and (b) lay pipes; and (c) install and operate pumps and other equipment; and (d) control the flow of water in an irrigation or drainage channel or pipe; and (e) acquire any land; and (f) inspect, maintain, repair, renew or replace any channel, pipe, building, structure, fitting, equipment, tank, pond, dam or other facility forming part of the irrigation or drainage system provided by the trust; and (g) clear any channel, pipe, fitting, equipment, tank, pond, dam or other facility forming part of the irrigation or drainage system provided by the trust; and (h) inspect any channel, pipe, building, structure, fitting, equipment, tank, pond, dam or other facility forming part of the irrigation or drainage system provided by a landowner; and (i) extract and remove soil or minerals from any land after first consulting the owner of the land and having regard to his or her views; and (j) inspect, examine or survey land in connection with the planning, design or construction of an irrigation or drainage system, or extensions to or alterations of, an irrigation or drainage system and for that purpose the trust may— (i) fix posts, stakes or other markers on the land; and (ii) dig trenches or sink test holes on the land to determine the nature of the top soil and underlying strata; and (iii) remove samples of any material from the land for analysis; and (k) enter or occupy any land for the purpose of exercising any powers of the trust under this Act; and (l) exercise any other powers that are incidental to the trust's powers or that are reasonably necessary for carrying out the trust's functions. (2) Subsection (1) does not limit or derogate from the provisions of any other Act (including so as to require a permission, consent or authority in order to take any step or to engage in any activity). (3) The trust may acquire land pursuant to a contract with the owner of the land or pursuant to the Land Acquisition Act 1969. (4) The trust must not acquire land pursuant to the Land Acquisition Act 1969 without the written approval of the Minister. (5) The trust may grant a lease or licence over any land in its ownership or possession. (6) When entering or occupying land under this section, the trust must cause as little inconvenience to other users of the land as is reasonably practicable. 26—Further powers of trust (1) The trust may, pursuant to an agreement with the owner or occupier of any serviced property, construct or extend an irrigation system or a drainage system on the property for the distribution or drainage of water. (2) The trust may, in order to assist its members, purchase irrigation equipment, components and tools for resale to its members. 27—Delivery of water or supply of drainage to other persons The trust may enter into an agreement with a person who is not a member of the trust— (a) to deliver water for the purpose of irrigating land; or (b) to drain water from land, by means of an irrigation system or drainage system provided and managed by the trust. 28—Supply or delivery of water for other purposes (1) In addition to supplying or delivering water for other purposes, the trust may supply or deliver water for domestic or other purposes under an agreement with any other person. (2) The trust must not supply or deliver water for domestic purposes if a supply of water under the Waterworks Act 1932 is available for those purposes. 29—Drainage of other water In addition to draining irrigation water, the trust may drain any other water from land. Division 3—Irrigation rights, water entitlements and trading 30—Fixing of irrigation rights (1) This section applies if the trust holds 1 or more water licences for the purposes of supplying water to its members (being members who rely on the trust to supply water under a water licence held by the trust rather than by the member). (2) If this section applies, the trust must fix an entitlement (an irrigation right) in respect of each member of the trust who is to receive water on account of a water licence held by the trust. (3) An irrigation right will be fixed by resolution of the trust. (4) An irrigation right must be fixed on a fair and equitable basis after having regard to— (a) the nature or type of crops growing on relevant land; and (b) such other matters considered relevant by the trust. (5) An irrigation right— (a) may be expressed as a volume or units (subject to the operation of the Landscape South Australia Act 2019 and any reduction in the amount of water that may be available to the trust under that Act); or (b) may be constituted in some other manner authorised by the regulations. 31—Surrender or transfer of water available under irrigation rights (1) The whole or any proportion of water available under an irrigation right held by a member of the trust (the relevant member) is capable of being— (a) surrendered by the relevant member to the trust for such sum of money or other consideration as may be agreed between the trust and relevant member; (b) transferred by the relevant member to another member of the trust for such sum of money or other consideration as may be agreed between the members; (c) transferred by the trust acting at the request of the relevant member to a person who is not a member of the trust. (2) The following provisions apply in connection with the operation of subsection (1): (a) if a relevant member notifies the trust that the member wishes to surrender water under subsection (1)(a), the trust must take reasonable steps to come to a reasonable agreement on a sum of money or other consideration to be paid under that subsection; (b) a relevant member must not transfer water under subsection (1)(b) without first notifying the trust of the proposed transfer in accordance with any requirements specified by the trust; (c) the trust must comply with a request under subsection (1)(c) within a reasonable time (but is not to comply with such a request if the transfer cannot take effect on account of the operation of the Landscape South Australia Act 2019). 32—Surrender or transfer of irrigation rights (1) An irrigation right held by a member of the trust (the relevant member) is capable of being— (a) surrendered by the relevant member to the trust for such sum of money or other consideration as may be agreed between the trust and the relevant member; (b) transferred by the relevant member to another member of the trust for such sum of money or other consideration as may be agreed between the members. (2) The following provisions apply in connection with the operation of subsection (1): (a) if a relevant member notifies the trust that the member wishes to surrender an irrigation right under subsection (1)(a), the trust must take reasonable steps to come to a reasonable agreement on a sum of money or other consideration to be paid under that subsection; (b) a relevant member must not transfer an irrigation right under subsection (1)(b) without first notifying the trust of the proposed transfer in accordance with any requirements specified by the trust. 33—Transformation of irrigation rights (1) The whole or a part of an irrigation right held by a member of an irrigation trust (the relevant member) may be permanently transformed into a water licence held by the relevant member if— (a) the member applies to the trust for the transformation in accordance with any requirements specified by the trust (including as to the payment of a specified application fee); and (b) the member provides any security required by the trust; and (c) the transformation so as to create a water licence held by the member is able to take effect under the Landscape South Australia Act 2019 and the member, in seeking the water licence, complies with any relevant requirement under that Act. (2) Any requirement specified under subsection (1)(a) or security required under subsection (1)(b) must be consistent with the operation of any Commonwealth water rules. (3) Any security required under subsection (1)(b) must be reasonable in the circumstances after taking into account the interests of the trust and any other person who has an interest in the water licence held by the trust (but must not unreasonably restrict or prevent trading in water entitlements). (4) If a water licence is to be issued on account of an application under this section— (a) an entitlement to an allocation of water that corresponds to the irrigation right held by the relevant member will arise in connection with the licence; and (b) a variation must be made to the water licence held by the trust, and to any other related entitlement, subject to and in accordance with the Landscape South Australia Act 2019 (and subject to taking into account the water available under the provisions of that Act). (5) Any process or outcome envisaged by this section will take effect subject to any Commonwealth water rules. 34—Trust may determine to devolve water licence (1) The trust may, by resolution, determine to operate on the basis that all irrigation rights held by members of the trust will be permanently transformed into water licences held by the respective members (so that the trust will deliver water to members for the purposes of water licences held by the members (rather than under a water licence held by the trust after taking into account any requirements of the trust in relation to conveyance water)). (2) If a water licence held by the trust is subject to an interest of another person registered or recorded in relation to the licence under the Landscape South Australia Act 2019, the trust must not pass a resolution under subsection (1) without the consent of that person. (3) The processes and outcome envisaged by subsection (1), and the requirement to obtain any consent under subsection (2), will take effect subject to— (a) any Commonwealth water rules; and (b) the requirements of the Landscape South Australia Act 2019 relating to the issue of water licences, water allocations and other forms of entitlements; and (c) any provision made by the regulations (which may include the specification of circumstances where a consent is not required under subsection (2)). (4) Subject to the operation of the preceding subsections, if a resolution is made under subsection (1), each irrigation right held by a member will be permanently transformed into a water licence held by the member. (5) Without limiting subsection (3), an irrigation right held by a member of the trust will not be capable of being transformed into a water licence if the Minister responsible for the administration of the Landscape South Australia Act 2019 determines that a water licence should not be granted on a ground that applies under Part 8 Division 3 Subdivision 1 of that Act. 35—Promotion of water trades Without limiting the operation of any other provision of this Act, the trust must not unreasonably restrict or prevent any activity contemplated by this or any other Act (including the Water Act 2007 of the Commonwealth) that will support the efficiency and scope of water trades. Division 4—Other matters 36—Power to restrict supply or to reduce water made available (1) The trust may— (a) restrict or suspend the supply or delivery of water; or (b) reduce the amount of water available under an irrigation right, if— (c) the water that is available to the trust cannot meet the demand; or (d) the water that is available to the trust is unsuitable for the purpose for which it is to be supplied; or (e) the trust is acting in response to a reduction in a water allocation under the Landscape South Australia Act 2019; or (f) the trust is unable to provide sufficient conveyance water in connection with the operation of an irrigation system; or (g) the owner or occupier of the land in respect of which the action is taken has— (i) failed to pay charges or interest on charges under this Act; or (ii) contravened or failed to comply with a term or condition on which the trust supplies or delivers water to, or drains water from, the land; or (iii) contravened or failed to comply with a condition imposed under this Act; or (iv) contravened or failed to comply with a provision of this Act or with a direction of the trust under this Act; or (h) the trust is unable to dispose of water draining into its drainage system because of the degraded quality of the water. (2) Subject to subsection (3), the trust may, in taking action under subsection (1), reduce the amount of water available by different amounts or proportions according to such factors as the trust thinks fit. (3) A restriction or reduction in the amount of water supplied or delivered by the trust in the circumstances envisaged by subsection (1)(e) must, insofar as it applies to the members of the trust, be in proportion to the amount of the reduction under the Landscape South Australia Act 2019. (4) The trust incurs no civil liability in respect of action taken by it under this section. 37—Power of delegation (1) Subject to subsection (2), the trust may delegate a function or power of the trust under this Act— (a) to the board of management of the trust; or (b) to a particular person or other body. (2) The trust may not delegate a power under section 11 or 34. (3) A delegation under this section— (a) must be made by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the trust to act in any matter; and (d) is revocable at will. (4) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 38—Appointment of authorised officers (1) The trust may appoint a person to be an authorised officer under this Act. (2) An authorised officer appointed under this Act must be issued with an identity card— (a) containing the person's name and a photograph of the person; and (b) stating that the person is an authorised officer for the purposes of this Act. (3) The identity card must be issued as soon as is reasonably practicable after the appointment is made (but an authorised officer is not prevented from exercising powers under this Act just because an identity card is yet to be issued). (4) An authorised officer must produce evidence of his or her appointment by showing a copy of his or her notice of appointment, or by showing his or her identity card for inspection, before exercising the powers of an authorised officer under this Act in relation to any person. (5) For the purposes of subsection (4), an authorised officer who produces a copy of his or her notice of appointment is not required to produce an identity card and vice versa. 39—Powers of authorised officers An authorised officer may, at any reasonable time, exercise any of the following powers in relation to the operations of the irrigation trust by whom he or she has been appointed: (a) enter any land for the purpose of exercising his or her powers under this section; (b) inspect any material on land that the authorised officer believes to be of a kind that has entered, or may enter, an irrigation or drainage system of the trust and take samples of the material; (c) inspect any channels, pipes, buildings, structures, fittings, equipment, tanks, ponds, dams or other facilities for holding water comprising part of an irrigation or drainage system or that are used in or in relation to an irrigation or drainage of land; (d) take photographs, films or video recordings; (e) ask any person any question relating to the operation of an irrigation or drainage system. 40—Hindering etc persons engaged in the administration of this Act (1) A person who— (a) without reasonable excuse hinders or obstructs a person referred to in subsection (2); or (b) uses abusive, threatening or insulting language to a person referred to in subsection (2); or (c) fails to answer a question put by an authorised officer to the best of his or her knowledge, information or belief; or (d) falsely represents by words or conduct, that he or she is an authorised officer, is guilty of an offence. Maximum penalty: $5 000. (2) Subsection (1)(a) and (b) applies for the benefit of— (a) a person acting on behalf of the trust; (b) an authorised officer. (3) A person is not obliged to answer a question under this Division if the answer would tend to incriminate him or her of an offence. Part 5—Protection and facilitation of systems 41—Protection and facilitation of systems (1) A person must not— (a) connect a channel or pipe to an irrigation or drainage system of the trust; or (b) place a structure or install equipment in, over or immediately adjacent to a channel or pipe connected to an irrigation or drainage system of the trust; or (c) supply water supplied or delivered to him or her by the trust under this Act to any other person, unless he or she does so at the direction, or with the approval, of the trust. (2) A person must not use a method of distributing irrigation water in a manner that is inconsistent with any determination or rule of the trust. (3) A person who is a landowner under this Act— (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; and (b) must maintain, and when necessary repair or replace an irrigation or drainage system provided by the landowner; and (c) must not block or impede the flow of water in any part of an irrigation or drainage system except at the direction, or with the approval, of the trust; and (d) must, when necessary, clear channels and pipes of an irrigation or drainage system provided by the landowner; and (e) must ensure that channels and pipes on his or her land, including those forming part of an irrigation or drainage system provided by the trust, are protected from damage that is reasonably foreseeable. (4) If, in the opinion of the trust, it is necessary or desirable in the interests of supplying or delivering water efficiently to, or draining water efficiently from, land, or in order to meet any duty or other requirement under the Landscape South Australia Act 2019 (including a licence under that Act) or the River Murray Act 2003, or in order otherwise to provide for the proper management of water, the trust 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; or (ii) lay pipes; or (iii) install fittings or pumps or other equipment, on his or her land; or (b) to widen or deepen channels forming part of an 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 an irrigation or drainage system provided by the landowner; or (d) to undertake such other act or activity as is specified in the notice. (5) The trust 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; or (b) to comply with the requirements of 1 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; and (ii) pipes, structures (including fences), fittings or equipment. (7) If a person fails to comply with a notice, the trust may enter the relevant land and take the action specified in the notice and such other action as the trust considers appropriate in the circumstances and the trust's costs will be a debt due by the person to the trust. (8) A person who contravenes or fails to comply with a provision of this section or of a notice served under subsection (4) or (5) is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of a natural person—$20 000. Expiation fee: $750. Part 6—Charges for irrigation and drainage Division 1—Declaration of charges 42—Charges (1) The trust may impose a water supply charge or charges in relation to the supply or delivery of water (or both) under this Act in order— (a) to recover its costs for providing that service or to enable it to meet its other liabilities; and (b) to provide for its maintenance and other costs and to provide for future capital costs connected with the provision of irrigation systems under this Act. (2) The trust may impose a drainage charge or charges in relation to the drainage or disposal of water (or both) under this Act in order— (a) to recover its costs for providing that service or to enable it to meet its other liabilities; and (b) to provide for its maintenance and other costs and to provide for future capital costs connected with the provision of drainage systems under this Act. (3) The trust may fix different factors as the basis for water supply or drainage charges in respect of different areas or locations or according to other differentiating factors determined by the trust. (4) A water supply charge may include a component for the recovery of costs and other liabilities in relation to drainage and that component may be applied generally or on a limited basis and vary according to other differentiating factors determined by the trust. 43—Declaration of water supply charges (1) The trust may, in respect of a financial year or part of a financial year, by notice published in a local newspaper, declare a water supply charge or water supply charges based on 1, or a combination of 2 or more, of the following: (a) the fact that land is connected to an irrigation system of the trust; (b) the volume of water supplied or delivered during the charging period to which the declaration applies; (c) the area of the land to be irrigated; (d) such other factor or factors as the trust thinks fit. (2) The trust may declare different charges— (a) in respect of different areas; (b) for water supplied for irrigation purposes, domestic purposes or other purposes; (c) depending on the quality of the water supplied or delivered. (3) In the case of water supplied for irrigation purposes, the trust may declare a basic charge in respect of a specific amount of water supplied or delivered under an irrigation right or water licence and a further charge, or series of charges, that increase as the volume of water supplied increases over that amount. (4) A water supply charge may be declared after the period to which it relates has commenced. (5) This section does not limit the operation of section 42. 44—Minimum amount (1) The trust may declare a minimum amount that is payable in respect of a water supply charge. (2) Payment of the minimum amount must be credited against the water supply charge. 45—Drainage charge (1) The trust may, in respect of a financial year or part of a financial year by notice published in a local newspaper, declare a drainage charge based on the area of land irrigated or drained or on the basis of the volume of water supplied or delivered for irrigating the land. (2) The trust may exempt an owner and occupier of land from payment of drainage charges if water does not drain from the land into the drainage system provided by the trust or if the quantity of water that drains into the system is negligible. (3) A drainage charge may be declared after the period to which it relates has commenced. (4) This section does not limit the operation of section 42. 46—Special rate (1) The trust may, with the approval of the Minister, in respect of a financial year or part of a financial year, by notice published in a local newspaper, declare a special rate or special rates based on 1, or any combination of 2 or more, of the factors that a water supply charge or drainage charge would be based. (2) A special rate may be declared after the period to which it relates has commenced. 47—Determination of area for charging purposes For the purpose of calculating the amount of a water supply charge, a drainage charge or special rate based on the area of land, the area of the land will be determined to the nearest one tenth of a hectare (0.05 of a hectare being increased to the next one tenth of a hectare). 48—Interest (1) The trust may, in fixing a water supply charge, drainage charge or special rate, declare a rate of interest that will be applied if a charge is not paid within a period specified by the trust. (2) A rate of interest must not exceed any rate prescribed by the regulations. (3) A period from which interest will be payable must be not less than the period prescribed by the regulations. (4) Any interest applied under this section may be simple or compound interest. 49—Notice of resolution for charges The trust must fix the factors on which water supply charges, drainage charges and special rates are based and the amount of those charges or rates by resolution of which 21 days notice has been given. 50—Minister's approval required (1) If the trust is indebted to the Crown, the Minister or 1 or more other agencies or instrumentalities of the Crown in an amount that exceeds $50 000 or in 2 or more amounts that together exceed $50 000, the trust must not— (a) declare a water supply charge or drainage charge; or (b) fix a rate of interest for the late payment of charges, without first obtaining the Minister's approval. (2) Non‑compliance with subsection (1) does not affect the validity of a charge or rate of interest declared or fixed by a trust. 51—Related matters (1) Nothing in this Division prevents the trust from entering into an agreement with a person for the supply or delivery of water, or the drainage of land, for a cost or at a rate fixed or determined under the agreement (rather than by the imposition of a charge or rate under this Division). (2) To avoid doubt, the preceding sections of this Division do not apply in relation to an amount payable under an agreement under subsection (1). (3) The trust must, in acting under this Division, ensure that it complies with any requirements imposed by or under the Water Act 2007 of the Commonwealth. Division 2—Recovery of charges 52—Liability for charges (1) The following persons are jointly and severally liable for the payment of charges and rates and interest on charges and rates: (a) the owner and occupier of the land in respect of which water is supplied or delivered, or is drained, as the case requires, at the date on which the charges or rates first became payable; (b) a person who becomes an owner or occupier of the land after the charges or rates first became payable but before the liability to pay the charges or rates and interest is satisfied. (2) Notice of the amount payable by way of charges or rates, fixing the date on which the amount becomes payable, must be served on the owner or occupier of the land in respect of which the charges or rates are payable. (3) This section operates subject to— (a) any Commonwealth water rules; and (b) the provisions of any agreement between the trust and a person for the supply or delivery of water, or the drainage of land. (4) In this section— charges means water supply and drainage charges and includes— (a) charges payable to the trust under an agreement with a person who is not a member of the trust for the delivery of water to, or the drainage of water from, the land; (b) any other amount in which an owner or occupier of land is indebted to the trust under this Act or under an agreement made under this Act. 53—Recovery rights (1) Any charges or rates and any accrued interest will be a charge on the land in respect of which water is supplied or delivered, or is drained, in accordance with a scheme established by the regulations. (2) Subsection (1)— (a) applies subject to any Commonwealth water rules; and (b) does not apply to any charges (and associated interest) of a prescribed kind. (3) In addition, any charges or rates that are not paid in accordance with a notice under section 52, together with any interest, may be recovered by the trust as a debt from a person who is liable for the payment of the charges or rates. (4) Any action to recover any charges (and interest) as a debt does not prejudice any action to recover any charges or rates (and interest) as a charge on land, and vice versa, but any amount sought to be recovered under 1 right must be adjusted to take into account any amount actually recovered under the other right. 54—Sale of land for non‑payment of charges (1) If charges or rates, or interest on charges or rates, are a charge on land and have been unpaid for 1 year or more, the trust may sell the land. (2) Before the trust sells land in pursuance of this section, it must serve notice on the owner and occupier of the land— (a) stating the period for which the charges or rates or interest have been in arrears; and (b) stating the amount of the total liability for charges or rates and interest presently outstanding in relation to the land; and (c) stating that if that amount is not paid in full within 1 month of service of the notice (or such longer time as the trust may allow), the trust intends to sell the land for non‑payment of the charges or rates or interest. (3) A copy of a notice must be served on— (a) the registered mortgagee or encumbrance of the land (if any); and (b) if the land is held from the Crown under a lease, licence or agreement to purchase—the Minister responsible for the administration of the Crown Lands Act 1929. (4) If the outstanding amount is not paid in full within the time allowed under subsection (2), the trust may proceed to sell the land. (5) The sale will, except in the case of land held from the Crown under a lease, licence or agreement to purchase, be by public auction (and the trust may set a reserve price for the purposes of the auction). (6) An auction under this section must be advertised on at least 2 separate occasions in a newspaper circulating generally throughout the State. (7) If, before the date of the auction, the outstanding amount and the costs incurred by the trust in proceeding under this section are paid to the trust, the trust must withdraw the land from auction. (8) If— (a) an auction fails; or (b) the land is held from the Crown under a lease, licence or agreement to purchase, the trust may sell the land by private contract for the best price that it can reasonably obtain. (9) Any money received by the trust in respect of the sale of land under this section will be applied as follows: (a) firstly—in paying the costs of the sale and any other costs incurred in proceeding under this section; (b) secondly—in discharging the liability for charges or rates and interest and any other liabilities to the trust in respect of the land; (c) thirdly—in discharging any liability to the Crown for rates, charges or taxes, or any prescribed liability to the Crown in respect of the land; (d) fourthly—in discharging any liabilities secured by registered mortgages, encumbrances or charges; (e) fifthly—in discharging any other mortgages, encumbrances and charges of which the trust has notice; (f) sixthly—in payment to the owner of the land. (10) If the owner cannot be found after making reasonable inquiries as to his or her whereabouts, an amount payable to the owner must be dealt with in accordance with section 6 of the Unclaimed Money Act 2021 as money the owner of which cannot be found. (11) If land is sold by the trust in pursuance of this section, an instrument of transfer under the common seal of the trust will operate to vest title to the land in the purchaser. (12) The title vested in a purchaser under subsection (11) will be free of— (a) all mortgages and charges; and (b) except in the case of land held from the Crown under lease or licence—all leases and licences. (13) An instrument of transfer passing title to land in pursuance of a sale under this section must, when lodged with the Registrar‑General for registration or enrolment, be accompanied by a statutory declaration made by the presiding member of the trust stating that the requirements of this section in relation to the sale of the land have been observed. (15) A reference in this section to land, or title to land, is,