Surrender or transfer of water available under irrigation rights
31 Surrender or transfer of water available under irrigation rights
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—
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;
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;
transferred by the trust acting at the request of the relevant member to a person who is not a member of the trust.
The following provisions apply in connection with the operation of subsection (1):
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;
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;
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).
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