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This
Act may be cited as the Ground
Water (Qualco-Sunlands) Control Act 2000.
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.
Where the whole or part of an irrigation district under the Irrigation
Act 1994 comprises part of the Scheme Area and there are no water allocations under that Act in respect of any of the irrigated properties (within the meaning of that Act) comprising the district (or the part of it that is within the Scheme Area) or water allocations do exist in respect of some of those properties but not all of them, the following provisions apply—
the irrigation authority for the irrigation district is a member of the
Trust if a waterlogging and salinity risk management allocation is attached to the irrigated land of the district; and
the irrigation district (or the part of it within the Scheme Area) will be taken to be an irrigated property owned by the irrigation authority; and
the irrigated properties (within the meaning of the Irrigation
Act 1994) comprising the irrigation district (or the part of it within the
Scheme Area) are not irrigated properties for the purposes of this
Act; and
each of the owners of the irrigated properties (within the meaning of the
Irrigation
Act 1994) comprising the irrigation district (or the relevant part of it) will be taken not to own their respective properties but to be an occupier of the property concerned in addition to any other person in actual occupation of the property.
Subject to subsection (3), where the whole or part of an irrigation district under the
Irrigation
Act 1994 comprises part of the Scheme Area and water allocations exist under that Act in respect of all of the irrigated properties (within the meaning of that Act) comprising the district (or that part of the district that is within the Scheme Area), the following provisions apply—
the irrigation authority for the irrigation district is not a member of the Trust; and
the irrigated properties comprising the irrigation district (or the relevant part of it) are irrigated properties for the purposes of this Act as though the irrigation district did not exist; and
the owners of those properties to which, or to part of which, a waterlogging and salinity risk management allocation is attached under this Act are members of the Trust.
Where subsection (1) applies in relation to an irrigation district under the Irrigation
Act 1994 and water allocations are subsequently fixed under that Act so that water allocations exist under that Act in respect of all of the irrigated properties under that Act comprising the district (or the relevant part of it), subsection (1) will continue to apply in relation to the district until the expiration of three months (or such longer period as is fixed in the notice) after the irrigation authority for the district has served written notice on the Trust that subsection (2) will apply to the irrigation district instead of subsection (1).
Where subsection (2) applies to an irrigation district in pursuance of a notice under subsection (3), the waterlogging and salinity risk management allocation attached to each of the categories of irrigated land comprising the district will be divided between the irrigated properties (comprising the district) that include the relevant category of land in proportion to the water allocations under the Irrigation
Act 1994 of the properties concerned.
For the purposes of this Act, land may comprise an irrigated property within the meaning of the Irrigation
Act 1994 despite the fact that a water allocation does not apply to the property under that Act (see the definition of irrigated property in section 4(1) of the Irrigation
Act 1994).
The
Qualco-Sunlands Ground Water Control Trust is established.
The members of the Trust are the owners for the time being of irrigated properties to which, or to a part of which, a waterlogging and salinity risk management allocation is attached under this Act (if section 4(1) applies to an irrigation authority, the authority is a member of the
Trust).
The
Trust—
is a body corporate; and
has perpetual succession and a common seal; and
can sue and be sued in its corporate name; and
holds its property on behalf of the Crown; and
has the functions assigned to, or conferred on, it by or under this or any other Act; and
has all the powers of a natural person in addition to the powers conferred on it by this or any other Act.
Where a document appears to bear the common seal of the Trust, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Trust.
The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations
Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies:
the
Trust;
an act or omission of any person, body or other entity in relation to the Trust.
On the commencement of this section, the property and rights of
Qualco-Sunlands District Drainage Incorporated comprising or related to the Scheme infrastructure are divested from that body and vest in the Trust.
On the commencement of this section, the liabilities of Qualco-Sunlands
District Drainage Incorporated incurred under contracts for or in relation to the construction of the Scheme infrastructure cease to be liabilities of that body and become liabilities of the Trust.
The persons who were, immediately before the commencement of this section, employed by Qualco-Sunlands District Drainage Incorporated will, at the commencement of this section, be taken to be employed (and to have been employed since the commencement of their employment with Qualco-Sunlands District Drainage Incorporated) by the Trust on the terms and conditions of their employment by
Qualco-Sunlands District Drainage Incorporated.
Subject to subsections (2) and (3), the first presiding officer and deputy presiding officer of the Trust will be the persons who were, immediately before the commencement of this section, the chairman and deputy chairman of Qualco-Sunlands
District Drainage Incorporated.
The presiding officer and deputy presiding officer of the Trust must be members of the Trust.
A resolution passed at a general meeting of the Trust—
may remove a person from the office of presiding officer or deputy presiding officer of the Trust; and
may appoint to the office of presiding officer or deputy presiding officer any member of the Trust.
The deputy presiding officer may act in the absence of the presiding officer or during a vacancy in the office of presiding officer.
A meeting of the Trust may be called at any time by the presiding officer or by a group of members who would constitute a quorum at a meeting of the Trust.
The presiding officer must call a meeting of the Trust (the annual general meeting) at least once in each year.
At least 14 days written notice specifying the time and place of each meeting must be given to every member of the Trust.
The time and place of a meeting of the Trust must, as far as practicable, be convenient to the members of the Trust.
The presiding officer will preside at meetings of the Trust or, in his or her absence, the deputy presiding officer will preside or, in the absence of both of them, a member chosen by the members present will preside.
Members at a meeting of the Trust form a quorum if—
their number is equal to or greater than one third of the number of members of the Trust; and
the aggregate of the waterlogging and salinity risk management allocations attached to the land owned by those members is at least one third of the aggregate of all risk management allocations attached to land in the Scheme Area.
The following provisions apply when determining whether a quorum is present at a meeting—
if one third of the number of members of the Trust include a fraction, the fraction will be ignored; and
two or more persons who are members of the Trust in respect of the same irrigated property will be counted as one member of the Trust; and
a non-member who has been nominated to represent a member at the meeting will be counted (but if the non-member is representing two or more members, he or she will only be counted once).
Subject to this Act, a resolution will be carried if—
the number of votes supporting it exceeds the number of the votes against it; and
the value of the votes supporting the resolution exceeds the value of the votes against it, (if the number or value of the votes are equal under paragraph (a) or (b), the deadlock in each case will be resolved by the casting vote of the person presiding at the meeting).
A resolution of the Trust to make a recommendation to the Governor to vary the regulations that determine the shares in which members contribute to the cost of the Scheme can only be carried if—
twenty one days notice of the proposed resolution has been given to the members; and
the number of votes supporting the resolution exceeds one half of the number of members who are entitled to attend and vote on the resolution; and
the value of the votes supporting the resolution exceeds one half of the total value of the votes that could be cast at the meeting if all members of the Trust had attended and voted on the resolution.
Twenty one 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.
Subject to this Act, the Trust may determine its own procedures.
The
Trust must keep minutes of its proceedings.
Where the ownership of an irrigated property has changed, notice of a proposed meeting or resolution will be taken to have been given to the new owner if it had been given to the previous owner.
Subject to this section, each member of the Trust is entitled to vote at meetings of the Trust.
A member may nominate another person to attend a meeting instead of the member and to vote at the meeting on his or her behalf.
Where two or more persons are members of the Trust by reason of their ownership of the same irrigated property, a person must be nominated by both or all of them to vote on their behalf.
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, concerned by subsequent written notice to the Trust.
Where 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.
Subject to subsection (7), the values of votes at meetings of the Trust will be in proportion to the amount of the respective waterlogging and salinity risk management allocations attached to the land owned by the members voting.
The basis for determining the values of votes can be changed by a resolution of the Trust if the following requirements are complied with:
twenty one days notice of the proposed resolution must have been given to the members; and
the number of votes supporting the resolution must exceed one half of the number of members who are entitled to attend and vote on the resolution; and
the value of votes supporting the resolution must exceed one half of the total value of the votes that could be cast at the meeting if all members of the Trust had attended and voted on the resolution.
Where an irrigation authority is a member of the Trust, a person who is the owner of an irrigated property within the meaning of the
Irrigation
Act 1994 that comprises part of the authority's irrigation district under that Act is entitled to attend meetings of the Trust but is not entitled to notice of meetings or to vote at meetings of the Trust.
The
Trust may appoint a board of management to carry out the day to day operations of the Trust.
The
Trust may appoint committees for specific purposes.
Subject to subsection (2), the Trust may delegate any of its functions or powers under this Act to its board of management, a committee or to any other person.
The
Trust cannot delegate its power of delegation or the power to make decisions that are required by this Act to be made by a resolution of which 21 days notice has been given.
A delegation must be in writing and may be conditional or unconditional.
The
Trust may vary or revoke a delegation at will and a delegation does not prevent the carrying out of any function or the exercise of any power by the Trust.