Renmark Irrigation Trust Act 2009

This Act may be cited as the Renmark Irrigation Trust

Act 2009.

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—

that have been provided by a landowner, or a predecessor of a landowner; or

in relation to which a landowner, or a predecessor of a landowner, has assumed responsibility for maintenance; or

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

4Division 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—

that have been provided by a landowner, or a predecessor of a landowner; or

in relation to which a landowner, or a predecessor of a landowner, has assumed responsibility for maintenance; or

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—

in relation to land alienated from the Crown by grant in fee simple—the holder of the fee simple;

in relation to land held under a Crown lease or licence—the lessee or licensee;

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—

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

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.

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.

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.

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—

setting out the text of the proposed resolution; and

specifying the time and place of the meeting at which it is proposed to move the resolution.

The Renmark Irrigation Trust continues as the Renmark Irrigation

Trust.

The trust—

continues as a body corporate; and

has perpetual succession and a common seal; and

can sue and be sued in its corporate name; and

has the functions and powers assigned or conferred by or under this or any other Act.

The trust may have a set of rules relating to the membership, management or operations of the trust.

A set of rules of the trust—

must comply with any prescribed requirements; and

must not contain any provision that is contrary to or inconsistent with this Act; and

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

may provide for or regulate the times at which irrigation water may be used; and

may provide for other matters to facilitate—

the effective management of an irrigation or drainage system provided by the trust; or

the efficient supply, delivery or use of water provided by an irrigation system provided by the trust; or

the efficient drainage, management or disposal of water through a drainage system provided by the trust; and

may provide for such other matters as may be prescribed by the regulations or expedient for the purposes of the trust.

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.

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.

The rules of the trust bind the trust and the members of the trust.

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.

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: Maximum penalty: $500.

Contracts may be made by or on behalf of the trust as follows:

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;

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;

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.

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.

The persons who are members of the trust on the commencement of this Act continue as members of the trust.

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.

A person ceases to be a member of the trust in any of the following circumstances or as otherwise provided by this Act:

if the trust resolves that the membership should be discontinued—

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

on any other reasonable ground determined by the trust;

if the member resigns;

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);

in the case of a member that is a body corporate—if the body is dissolved.

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.

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.

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.

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.

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.

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.

The presiding member must call a meeting of the trust (the annual general meeting) at least once in each year.

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).

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.

A quorum for a meeting of the trust is—

one third of the voting members of the trust or 10 voting members whichever is the smaller number; or

such other number as the trust may from time to time determine.

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.

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.

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.

Subject to this Act, the trust may determine its own procedures.

The trust must keep minutes of its proceedings.

Subject to this section, a member of the trust is entitled to vote at meetings of the trust.

A member may nominate another person to attend and vote at meetings on his or her behalf.

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.

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.

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.

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:

irrigation rights held by members of the trust;

water licences held by members of the trust.

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.

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—

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;

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.

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.

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.

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.

The board will consist of 7 members of the trust (who will be called directors).

Subject to this section, a director will be elected at the annual general meeting of the trust.

A member of the trust is not eligible for election as a director if the member—

is an undischarged bankrupt or is taking the benefit of a law for the relief of insolvent debtors; or

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

is an employee of the trust; or

is a member who is not entitled to vote at a meeting of the trust; or

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.

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.

The office of a director becomes vacant if the person holding the office—

dies; or

completes a term of office and is not re‑elected; or

resigns by written notice to the board; or

ceases to be eligible for election as a member of the board under subsection (2); or

is convicted of an indictable offence; or

is found guilty of an offence against section 14; or

is removed from office by resolution of the trust.

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.

A director is entitled to remuneration, allowances and expenses determined or approved by the trust.