Classification of land in the Scheme Area

Current

(1)

The

Minister and the Trust must classify all irrigated land as land the irrigation of which creates a high, medium or low risk of waterlogging or salinisation of that land or other land.

(2)

The land must be classified twice under this section in respect of the risk of waterlogging or salinisation caused by—

(a)

firstly—the rising level of the ground water mound; and

(b)

secondly—the rising level of underground water accumulating above the layer of

Blanchetown Clay in the Scheme Area.

(3)

If the regulations prescribe degrees of risk other than high, medium and low for the purposes of classification under this section, the

Minister and the Trust must, as soon as practicable after the regulations come into operation, classify all irrigated land in accordance with those degrees of risk.

(4)

The

Minister and the Trust, on the application of—

(a)

the owner of an irrigated property who proposes irrigating part of the property that is unclassified; or

(b)

the owner of unclassified land in the Scheme Area who proposes developing the land as an irrigated property or adding the land to an existing property, must classify in accordance with this section that part of the land that will be irrigated.

(5)

The classification of land under this section must be—

(a)

based on such information as the Minister and the Trust (or the Governor acting under subsection (9)) thinks is relevant; and

(b)

in accordance with a hydrogeological model approved by the Minister and the Trust.

(6)

The

Minister and the Trust may require the owner of land to provide (at the owner's expense) the Minister and the Trust with information in relation to the land for the purposes of subsection (5)(a).

(7)

If a landowner fails to provide information required under subsection (6), the Minister and the Trust (or the Governor acting under subsection (9)) may classify the land at the highest degree of risk.

(8)

The

Minister and the Trust—

(a)

may approve variations to the hydrogeological model referred to in subsection (5), or may approve a different model in substitution for the previous model, at any time; and

(b)

must, if the Minister considers that it is necessary to do so, review the classification of all, or any part, of the land classified under this section; and

(c)

must review the classification of all land classified under this section at intervals of not more than 5 years; and

(d)

may vary the classification of land under this section following a review under paragraph (b) or (c).

(9)

If the Minister and the Trust cannot reach agreement as to—

(a)

the approval of a variation to the hydrogeological model or the approval of a different model in substitution for the previous model; or

(b)

the classification, or variation of the classification, of land under this section, the

Minister may refer the matter to the Governor for determination.

(10)

On—

(a)

the initial classification of land under this section; or

(b)

the classification of land following the prescription of degrees of risk by regulation under subsection (3);

(c)

the classification of previously unclassified land under subsection (4);

(d)

the variation of the classification of land under subsection (8)(d), the

Minister and the Trust must cause to be published in the Gazette a map showing all the classified land in the Scheme Area and the classification of that land.

This Act’s bill:Second reading speech

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33 Classification of land in the Scheme Area