Interpretation
3 Interpretation
In this Act, unless the contrary intention appears—
category in relation to land means the category of the land prescribed by regulation;
contribution year means the period of 12 months from 1 October to the following 30 September;
2000/2001 contribution year means the period—
commencing on a date (whether falling in the year 2000 or 2001) to be fixed by the Minister, by notice in the Gazette; and
ending on 30 September 2001;
disposal basins means basins used, or intended to be used, to hold water pumped from the ground water mound and from underground water lying above the layer of Blanchetown Clay in the Scheme Area for the purpose of disposal by evaporation and seepage;
disposal capacity of the Scheme means the capacity of the Scheme infrastructure to pump water into the disposal basins and the capacity of the disposal basins to hold water;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
electricity transmission lines includes—
cables for the transmission of electricity; and
posts, pylons, pipes and equipment for carrying or laying electricity cables over or under land; and
transformers and other equipment required for the transmission and use of electricity;
ERD Court means the Environment, Resources and
Development Court;
the ground water mound means the underground water in the Loxton Sands and the Murray Group Limestone aquifers the upper level of which has been raised to the shape of a mound by irrigation;
irrigated land means land that—
is within the Scheme Area and comprises the whole or part of an irrigated property; and
is, or has in the past been, subject to irrigation with water taken pursuant to a water licence or water allocation under the
Landscape South Australia
Act 2019;
irrigated property means a property the whole or
part of which is situated in the Scheme Area and—
is, or has in the past been, irrigated wholly or partly with water taken pursuant to a water licence or water allocation under the
Landscape South Australia
Act 2019; and
is, or has in the past been, used to carry on the business of primary production or some other enterprise and is, or has in the past been, managed as a single unit for that purpose (whether the land comprising the property is a single parcel or is made up of a number of parcels physically separated from each other);
irrigation authority means—
in the case of a private irrigation district under the
Irrigation Act 1994—the irrigation trust for that district;
in the case of a government irrigation district under that
Act—the Minister for the time being administering that
Act;
irrigation declaration means a declaration by the owner of an irrigated property under section 54;
member of the Trust—see section 5;
Murray‑Darling Basin Agreement means the
Murray‑Darling Basin Agreement, a copy of which is set out in
Schedule 1 of the Water
Act 2007 of the Commonwealth, as in force from time to time;
owner of land means—
where the land has been granted in fee simple—
in the case of land that is subject to a life estate—the holder of the life estate;
in any other case—the holder of the estate in fee simple in the land;
where the land is held from the Crown under lease or licence—the lessee or the licensee;
where the land is held from the Crown under an agreement to purchase—the person who has the right to purchase;
relative in relation to a person means the spouse, domestic partner, parent or remoter lineal ancestor, son, daughter or remoter issue or brother or sister of the person;
risk in relation to land means the risk of waterlogging or salinisation of that land or other land resulting from irrigation of the firstmentioned land;
risk management allocation—see section 40;
the Scheme means the scheme established by this
Act—
to pump water into the disposal basins from the ground water mound and from underground water lying above the layer of Blanchetown Clay in the
Scheme Area; and
to drain water from the underground water lying above the layer of
Blanchetown Clay in the Scheme Area into the ground water mound;
and
to pump water from the underground water lying above the layer of
Blanchetown Clay in the Scheme Area to land on which it will be used for irrigation;
Scheme Area means the area shown in
Schedule
1;
Scheme infrastructure means the system of wells, pipes, pumps, tanks and other infrastructure (including electricity transmission lines) used, or to be used, for the purposes of the Scheme (but does not include disposal basins);
spouse—a person is the spouse of another if they are legally married;
the Trust means the Qualco-Sunlands Ground Water
Control Trust established by this Act;
water disposal easement—see
Part
4;
water licence means a water licence granted under the Landscape South Australia
Act 2019;
waterlogging and salinity risk management allocation—see section 40;
water usage year means the period of 12 months from 1 July to the following 30 June;
well means—
an opening in the ground excavated for the purpose of obtaining access to underground water;
an opening in the ground excavated for some other purpose that gives access to underground water;
a natural opening in the ground that gives access to underground water.
Subject to subsection (3), where two or more irrigated properties are managed by the same person or by different persons who are associates (see subsection (4)), the properties will be taken to constitute a single irrigated property for the purposes of this
Act.
If, on the application of one or more of the persons referred to in subsection (2), the Trust is satisfied that one or more of the properties referred to in that subsection is managed as a single unit separately from the other or others, the Trust must declare the property to be an irrigated property separate from the other or others for the purposes of this Act.
A person is an associate of another person if—
a relationship of a kind referred to in subsection (5) exists between them; or
they are linked by a series of relationships of a kind or kinds referred to in subsection (5) through one or more other persons.
Subsection (4) applies in relation to the following kinds of relationships:
the relationship between relatives;
the relationship between a guardian and a child or a guardian and a protected person;
the relationship between partners;
the relationship between employer and employee;
the relationship where one person is bound to, or usually does, act in accordance with the directions, instructions or wishes of another person;
the relationship between a body corporate and an executive officer of the body corporate;
the relationship between a body corporate and a person who is in a position to control or influence the activities of the body corporate;
fiduciary relationships.
Where—
land in the Scheme Area is irrigated with underground water supplied by the Trust under a scheme to reuse underground water for irrigation;
and
at times when underground water is scarce the Trust uses water taken pursuant to a water licence or water allocation under the
Landscape South Australia
Act 2019 to meet its obligations to supply water to the land, the use of water taken pursuant to a water licence or water allocation for that purpose will not be taken into account in determining whether the land is an irrigated property for the purposes of this Act.
For the purposes of this Act—
a water usage year corresponds to the contribution year that commences during the water usage year; and
a contribution year corresponds to the water usage year that ends during the contribution year.
In this Act, a reference to contribution year includes a reference to the 2000/2001 contribution year.
The first water usage year for the purposes of this Act is the period of 12 months from 1 July 2000 to 30 June 2001.
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