Renmark Irrigation Trust Act 1936 (SA)

South Australia

Renmark Irrigation Trust Act 1936

An Act relating to the Renmark Irrigation Trust.

Contents

Part 1—Preliminary

1Short title

5Interpretation

Part 2—Constitution of the trust

6Continuance of trust

7Common seal

8District of the trust

9Purposes of trust

Part 3—Members, auditors, and elections

Division 1—Members

10Members

11Qualification of members of trust

12Qualified persons compellable to serve

13Vacancies

14Annual retirement of members

15Chairman not to draw lots

16Retiring members to hold office until successors appointed

17Lots to be before notice of nomination

18Procedure on failure of members to draw lots

19Vacancies existing at the annual election

20Retiring member eligible for re-election

21Chairman's and members' fees

Division 2—Auditors

22Election and retirement of auditors

23Qualification of auditors

24Vacancies in the office of auditor

25Auditing accounts

26Balance-sheet to be sent to owners and occupiers

27Persons to be present at auditing accounts

Division 3—Elections

28Returning officer

29Day of nomination

30Form of nomination, and time for lodging

31Proceedings on day of nomination

32Notices of adjournment to be given

33Procedure on failure of annual election and on extraordinary vacancy

34Proceedings on supplementary election

35Notices of adjournment

36Proceedings in case of failure or avoidance of supplementary election

37Retirement of persons elected to fill extraordinary vacancies

38Notice of election

39Procedure where trust fails to hold election

Part 4—Management of the trust

40Trust office

41Election of chairman

42Secretary

43Annual meeting

44Ordinary and special meetings

45Special meetings

46Notice of meeting

47Quorum

48Chairman

49Business of trust to be carried on notwithstanding vacancy

50Proceedings of trust valid notwithstanding defect of appointment etc

51Inability of secretary etc to perform duties

52Business falling on Sunday etc

53Resolutions, how revoked or altered

54Committees

55Power to delegate powers to chairman

56Minutes of meetings

57Minute books and certified extracts therefrom evidence

Part 5—General powers of the trust

58Effect of this Act on water rights and correlative obligations

59Distribution of water by trust

60Trust may lay pipes for supply to townships

61Limitation on supply of water to persons other than ratepayers

62Property in water

63Irrigation works not taxable

64Supply of water to persons otherwise not entitled thereto

65Power of trust to expend moneys for certain purposes

65APower to declare non-ratable land

65BPayments before supplying of water to new land

65CPower of trust to order method of irrigation

65DPower of trust to order drainage

65EPower to construct embankments

66Procedure on subdivision of land

67Modes in which trust may make, vary, and discharge contracts

68Power to compound claims

69Power to contract with other bodies or persons in certain cases

70Power to let, manage, and improve property

71Power to establish superannuation funds etc

72AControl of subdivision of irrigated land

72BPower of Trust to acquire land

72CGeneral powers of trust

72DPower of trust to construct drains across roads

73By-laws

74No by-law to be repugnant to any laws in force

75By-law not to exempt from proceedings for nuisance

76Approval of regulations and by-laws

77Minister may amend or revoke regulations and by-laws

Part 6—Assessments

78Assessment-book

79New assessment to be made by assessors

80Power to adopt previous assessment

81Persons may have their names removed on change of ownership or occupation

82Insertion of names in assessment

83Power to rectify assessment-book

84Notice of assessment

85Appeal against assessment

86Hearing of appeals

87Time for appealing

88Production of assessment book

89Appeals from decision of trust

90Costs of appeal

Part 7—Rates

91Rates

92Declaration of water supply rates

93Drainage rate

94Special rate

95Determination of amount to be raised by rate

96Determination of area for rating purposes

96ARecord of rates payable and to be paid

97Receipt and payment of money

98Person liable to pay rates

99Twenty-one days' notice to be given before recovery of rates

100Interest in default of payment of rate

101Liability of persons appearing in assessment book as owners

102Rates, how recoverable

103Procedure when rates in arrear

104Power to let land for payment of rates

105Power of sale

106Transfer to have effect as ordered

107Properties comprised in different assessments may be included in one application

108Previous sales validated

109Notice of application a condition precedent

110After once offered for sale and unsold, lands may be sold privately

111Application of proceeds

112Transfer to purchaser

113Clerk of local court may act as auctioneer

114Power to lease property for arrears of rates

Part 9—Loans

122Power to borrow

123Provision for grant of loans to trust

123AProvision for further grant and loans to trust

123BProvision for further grant for irrigation works and drainage

123BALoan for irrigation and water drainage

123BBLoan for domestic water supply

123BCAppropriation

123BDLoan and grant for various purposes

123CArrangements for payments to trust

123DTrust to keep special account

124APayment to trust on subdivision of ratable land

Part 10—Sale and leasing of land

Division 1—Renmark Allotment Board

125Constitution and appointment of allotment board

126Nomination of members of board

127Appointment without nomination on failure to nominate

128Casual vacancies

Division 2—Proceedings and functions of board

129Defects in appointment not to invalidate proceedings of board

130Meetings of board

131Quorum

132Chairman

133Who to preside at meetings

134Member not to sit at meeting to consider application by himself or his partner or relative

135Allotment in contravention of section 134 void

136Powers and duties of board

137Power to require evidence to be upon oath

138Power to administer oath or affirmation

139Punishment for perjury before the board

Division 3—Certain land vested in the trust

140Certain land vested in trust in fee simple

141Land to be offered for sale

Division 4—Trust may grant leases of certain land

142Certain land may be leased by trust

Division 5—Allotments of lands by trust

143Notice of lands offered

144Simultaneous applications

145How simultaneous applications to be dealt with

146Other things being equal, Renmark settler to be preferred

147Board to report, and successful applicants to be gazetted

148Power to offer lands not taken

Division 6—Terms and conditions of agreements and leases

149Agreement to purchase

150Agreement liable to forfeiture

151Terms and conditions of lease

Part 11—Ratepayers' meetings, elections, and polls

152Ratepayers' meetings

153General provision for voting at ratepayers' meetings

154General provisions for voting at elections and polls

155Payment of rates before voting

156Powers of returning officer

157What shall be deemed acts of bribery and corruption

158Any of the above acts to disqualify

159Principals bound by acts of their agents

160Acts of bribery and corruption by person not being the authorised agent

161Penalty on persons receiving or offering reward for voting or withholding vote

162No action against candidate for costs or expenses of election

163Provision in the event of impediments of a formal nature

Part 12—Miscellaneous

164Limitation of liability to make compensation

165Compensation determined by Land and Valuation Court

166Procedure and powers of court

168Incomplete works

169Principles in awarding compensation

170One sum may be awarded for all interest affected

171Trust not liable for accidental failure of supply

172Free passage to be given to supply water

173Penalty for illegally diverting water

174Penalty for destruction of works

175Penalty for unlawful injury of property

175APrivate works

175BConnection of private drains

176Penalty for unlawfully taking water

177Notification of waters required to be kept free

178Penalty for nuisance in irrigation area

179Disqualified person acting as member or auditor

180Disqualified person to give notice of disqualification

181Person elected member refusing to act

182Person elected as member and failing to defend his title to the office

183Penalty on minors voting at elections or acting as members

184Shareholder in company which is interested, voting

185Penalty for obstructing trust, officers etc

186Persons examined on oath etc making false statement

187Forgery

188Persons publishing false statements in Gazette

189Non-performance of provisions of this Act

190Penalty for offence against this Act

191Power to remit fines

192Conviction not to bar action

193Service of notices and demands

194Penalties exclusive of other damages

195Service of notices and legal proceedings

196Authentication of documents by the trust

197Representation of trust in cases of bankruptcy

198Representation of trust before justices and in local court

199Reimbursement of officer

200Powers of entry by officers of trust

201No writ of quo warranto allowed to try title to any office

202No mandamus to issue from Supreme Court

203Proceedings for trying title of member etc

204Jurisdiction of court

205Procedure on non-compliance with order

206Time within which proceedings may be taken

207Complaints

208Magistrate not disqualified because a ratepayer

209Recovery of penalties

211Prosecution of officers

212Actions against members

213Gazette evidence of appointments and elections notified therein

214Gazette evidence of resolution of trust notified therein

215Gazette conclusive evidence of proclamation and prima facie evidence of facts stated therein

216Assessment book and certified copies of or extracts therefrom made evidence

217Notice of declaration of rate conclusive evidence

218Ratepayers entitled to signed copy of by-laws on payment of one dollar

219By-laws, minutes, contracts etc or certified copies, evidence

220Saving of rules of evidence

221Limitation of liability of trustee, agent, or attorney

222Declarations

223Advertisements to be paid for by trust

224Preservation of rights

224APower to include portions of district in water districts under Waterworks Act

225Commonage for municipality of Renmark

225APower to grant channel land to trust

226Validation of certain order, proclamation, and leases and agreements for sale and purchase

Schedule 2

Schedule 4

Schedule 5

Schedule 8

Schedule 9—Notice to owners etc

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Renmark Irrigation Trust Act 1936.

5—Interpretation

In this Act, except where inconsistent with the context or subject-matter—

agreement means an agreement entered into under Part 10 or under The Renmark Irrigation Trusts Acts Further Amendment Act 1914 containing a covenant to purchase land;

board means the Allotment Board referred to in Part 10;

business day means any day not being a Sunday, Good Friday, Christmas Day, or public or bank holiday;

Chaffey Brothers, Limited includes persons lawfully claiming through Chaffey Brothers, Limited;

chairman means the chairman of the trust;

district means the Renmark Irrigation District;

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;

drain includes any pipe, channel or sump and any shaft or bore used for the disposal of seepage water;

irrigation works means all watercourses, machinery, drainage works, waterworks and other property and improvements constructed or brought upon or established in connection with the district and for irrigation or drainage purposes;

member means a member of the trust;

Minister means the Minister of the Crown to whom for the time being the administration of this Act is committed by the Governor;

owner, as regards land, includes the person for the time being receiving or entitled to receive the rents and profits of any ratable land, whether on his own account or as trustee, attorney, or agent for another;

public notice means notice given by advertisement in a newspaper circulating in the district, and by posting handbills on every place in the district appointed by the trust as a place for posting notices;

ratable land means all land within the district available for irrigated culture under the system of irrigation works for the time being established for the service of land in the district, except—

(a)land that is, in one block, less than 0.5 of a hectare and does not form part of a single holding that is more than 0.5 of a hectare; and

(b)land that is declared by the trust to be non-ratable land; and

(c)land that is a township allotment;

rate means a rate declared under the powers given by this Act or any repealed Act;

ratepayer means the owner or occupier of ratable land or the owner of unoccupied ratable land, and whose name appears in the assessment-book in respect of that land;

relative of a person includes someone who is the person's domestic partner;

repealed Act means any Act repealed by this Act;

secretary means the secretary of the trust;

single holding means any continuous area of land, or any two or more parcels of land separated only by roads, track or channels, situated within the district and occupied and used by the same person as a single vineyard, orchard or garden;

township allotments means land laid out as township allotments whereof a subdivision plan has been lodged in the Lands Titles Registration Office pursuant to the Real Property Act 1886;

the Land and Valuation Court means the Land and Valuation Court constituted under the Supreme Court Act 1935;

trust means the Renmark Irrigation Trust.

Part 2—Constitution of the trust

6—Continuance of trust

(1)The trust called The Renmark Irrigation Trust is hereby continued.

(2)The trust shall continue to be a body corporate, and shall have perpetual succession, and shall by its corporate name be capable of suing and being sued, of purchasing, holding, and alienating land, of doing all acts necessary or expedient for carrying out the purposes of this Act, and of doing and suffering, subject to this Act, all such other acts and things as bodies corporate may by law do and suffer.

(3)Every reference in any Act, or in any deed, document, or other writing of any kind to the Renmark Irrigation Trust No. 1 shall be deemed to be a reference to the Renmark Irrigation Trust, and the body corporate called the Renmark Irrigation Trust shall for all purposes be deemed to be the same body corporate as the body corporate called the Renmark Irrigation Trust No. 1.

(4)The district of the trust shall be called "The Renmark Irrigation District". Every reference in any Act or in any deed, document, or other writing of any kind to "The Renmark Irrigation District No. 1" shall be deemed to be a reference to the Renmark Irrigation District.

7—Common seal

(1)The trust shall have a common seal, which shall be kept at the trust office.

(2)The corporate name of the trust shall be part of the seal.

(3)Judicial notice shall be taken of the seal of the trust by every court, justice, and other tribunal.

8—District of the trust

(1)The district of the trust shall be the area margined in red on the plan signed, J.H. McNamara, Surveyor-General, deposited in the Land Office on the fifth day of August, 1936, and numbered 324.

(2)The Governor may by proclamation declare that any portion of the State shall be included in the district of the trust.

(3)The Governor shall not make any such proclamation unless petitions for the making thereof are presented to the Minister by the trust and by the owners of land within the said portion of the State praying that the said portion of the State be included in the district of the trust and unless the Minister is satisfied—

(a)that a petition presented by owners as aforesaid is signed by one-half or more of the owners of land within the part of the State proposed to be included within the district of the trust; and

(b)that the area of land owned by the persons by whom the petition is signed is more than one-half of the total area of the land included within the said part of the State.

(4)A petition as aforesaid shall not be presented by the trust unless a poll of the ratepayers has been held at which a proposal for the inclusion of the said portion of the State within the district of the trust has been approved.

(5)In this subsection—

owner of land means the registered proprietor in fee simple, the lessee under any perpetual lease granted by the Crown, and the purchaser under any agreement for the sale and purchase of the land granted by the Crown.

9—Purposes of trust

The purposes for which the trust is constituted are—

(a)to facilitate the putting into operation of the water rights to which the ratepayers are entitled under or by virtue of this Act or any repealed Act, or of The Chaffey Brothers Irrigation Works Act 1887 or any licence granted in pursuance of the last-mentioned Act, or any sale, disposition, lease, or transfer of land, such as is mentioned in paragraph 13 of the agreement in the last-mentioned Act;

(b)to supply and distribute to, or for the benefit of, the ratepayers water within the district;

(b1)to construct drains or drainage works for the prevention or removal of seepage conditions within the district or any part thereof;

(c)to supply water, at the option of the trust, to persons other than the ratepayers;

(d)to acquire, at the option of the trust, and so far as practicable, from the person for the time being entitled thereto, all or any portion of the water rights, privileges, concessions, and easements in respect of water given, granted, licensed, or assigned, or agreed to be given, granted, licensed, or assigned to George Chaffey or William Benjamin Chaffey, or either of them, or to Chaffey Brothers, Limited, under or by virtue of The Chaffey Brothers Irrigation Works Act 1887 or of the agreement in that Act, or any licence issued or to be issued under or in pursuance of the said Act or agreement;

(e)to acquire and take over any irrigation works, at the option of the trust, from any person;

(f)to enter into any agreement with any other person, for the supply of water to the ratepayers, or for carrying out any of the powers or purposes of the trust;

(g)to exercise and carry out the powers of this Act vested in the trust, and to do all such lawful things as may be incidental or conducive to carrying out the above-mentioned purposes or any of them.

Part 3—Members, auditors, and elections

Division 1—Members

10—Members

The trust shall consist of seven members.

11—Qualification of members of trust

(1)Every ratepayer who is of the age of eighteen years or upwards, and holds in his own right not less than five hectares of ratable land in the district in fee simple or under perpetual lease granted by the Crown or under an agreement for the sale and purchase thereof granted by the Crown, shall be qualified to be and continue a member of the trust, except—

(a)an undischarged bankrupt;

(b)a ratepayer in arrear for six months with the payment of any rate for which he is liable in respect of ratable land within the district;

(c)a person who holds any place of profit in the gift of the trust;

(d)a person who directly or indirectly participates or is interested in any contract, except for advertisements and printing, with, or employment under, the trust.

(2)No person shall be disqualified from being or continuing a member by reason of his receiving travelling expenses incurred in pursuance of and authorised to be paid by a resolution of the trust, or acting as returning officer or deputy returning officer under this Act, or receiving remuneration for so acting, or by reason of his being a member of a public or joint-stock company, incorporated by the law of the United Kingdom or any British possession, which is concerned with any contract or dealing with the trust; but no member shall vote on a question relating to a contract or dealing with a company of which he is a member.

(3)If not less than five hectares of ratable land in the district are held in fee simple or under perpetual lease granted by the Crown or under an agreement for the sale and purchase thereof granted by the Crown, by a company or body corporate (except the trust), or by joint tenants or tenants in common, then the following provisions shall apply:

(a)the company or body corporate may nominate, in writing, not later than the thirty-first day of March in any financial year, a person who shall, for the purposes of being or continuing a member of the trust, be deemed to be the holder in his own right of the land of the company or body corporate;

(b)the joint tenants or tenants in common may nominate, in writing, not later than the thirty-first day of March in any financial year, one of their number who shall, for the purpose of being or continuing to be a member of the trust, be deemed to be the holder in his own right of the land of the joint tenants or tenants in common, as the case may be;

(c)any nomination made pursuant to this section shall be deemed to continue from year to year until revoked in writing. If a person nominated as aforesaid is elected as a member of the trust and if whilst a member the nomination is revoked, the revocation of the nomination shall not affect the tenure of his office as member for the balance of the term of office for which he was elected.

12—Qualified persons compellable to serve

(1)Every person qualified to serve as member shall be compellable to serve, except—

(a)a person who, when elected, was not resident within the district, and who has not expressed his assent to his candidature in writing delivered to the returning officer previous to the election;

(b)a person who, after his election, goes to reside, or by reason of a change of boundaries, becomes resident, out of the district;

(c)a person who has served the full time during which a person duly qualified is entitled to serve as a member and who, within three years of the termination of his former service, is again elected a member for the district, and who has not expressed his assent as above mentioned;

(d)a person who is, or during his tenure of office may become, sixty years of age;

(e)a person receiving any salary from the Government;

(f)members of Parliament.

(2)To entitle any person other than a member of Parliament to exemption under this section, he shall, by writing, make a claim of exemption, which writing shall be posted or delivered to the chairman, if there is a chairman, or otherwise to the Minister, within fourteen days from the election of the person so exempt, or from the happening of the exemption, whichever last happens.

13—Vacancies

Any of the following acts and events shall cause a vacancy in the office of member, namely:

(a)death, lunacy, idiocy, bankruptcy, the execution by the member of a statutory deed of assignment for the benefit of his creditors, or a member compounding with his creditors for less than one hundred cents in the dollar, or the conviction of the member for an indictable offence;

(b)absence from the State, without leave of the trust, during the holding of three consecutive ordinary meetings, or failure to attend the meetings of the trust for three consecutive ordinary meetings without sufficient cause, and followed, in either case, by a resolution passed by the trust within three weeks after the last of such three consecutive ordinary meetings, declaring the office vacant, which resolution the trust may pass, but is not bound to pass;

(c)any disqualification, and notice thereof, by the disqualified person, or some person on his behalf, posted or delivered to the chairman or secretary, or, if there is no chairman, to the Minister;

(d)resignation by notice posted or delivered as aforesaid;

(e)retirement by rotation, as provided by this Act;

(f)the judgment or order of any duly authorised court declaring the office vacant.

14—Annual retirement of members

(1)As from the first Saturday in the month of July, 1966, and on every first Saturday in July in each succeeding year, the following provisions shall apply as regards the annual retirement of members:

(a)where there is an even number of members, half the number shall retire;

(b)where there is an uneven number of members, then, when this first occurs a minority shall retire, but where there is an uneven number of members on any occasion thereafter then—

(i)a majority shall retire if a minority retired on the previous occasion on which there was an uneven number;

(ii)a minority shall retire if a majority retired on the previous occasion on which there was an uneven number.

(2)The members to retire shall be those who have been longest in office without re-election and when the number cannot thus be made up or decided lots shall be drawn between those who have been an equal time in office without re-election to decide which of them shall retire and the retirement shall take place accordingly.

(3)In this section—

majority means the integer nearest to, but more than, half of the total number of members and minority means the integer nearest to, but less than, half of the total number of members.

15—Chairman not to draw lots

The chairman shall in no case be required to draw lots; but the other member or members with whom it would be necessary, but for his position as chairman, that he should draw lots shall retire, or draw lots between them without the chairman, to decide which of them shall retire.

16—Retiring members to hold office until successors appointed

Members required by this Act to retire shall go out of office, but shall be deemed to hold office until their successors are appointed.

17—Lots to be before notice of nomination

All drawing of lots by members to decide retirements shall be had a week at least before the day on which notice is given of the day for the nomination of candidates for election.

18—Procedure on failure of members to draw lots

Where lots are required to decide retirements, if the members who should draw lots fail to do so till within a week of the last day when notice has to be given for the nomination of candidates for election, the chairman, or any justice resident in the district, on the request, in writing, of any one member or any three ratepayers, shall, in the presence of three or more ratepayers, draw lots and decide which of the members shall retire, and shall thereupon declare and give public notice under his hand of the names of the members who are to retire and they shall retire accordingly.

19—Vacancies existing at the annual election

(1)When, at the time of giving notice of the annual day of nomination, there are vacancies in the trust, and no more members are required to retire on the first Saturday in July of that year than there are seats then vacant, there shall be no need for any retirement of members, but the vacancies so existing shall be filled up at the annual election meeting.

(2)If any vacancy or vacancies exist at the time of giving notice of any annual day of nomination, every member whose seat is so vacant shall be taken to be a person bound to retire on the first Saturday in July of that year, and every such vacancy shall be filled up at the annual election, and any other retirements which may be necessary shall be settled in manner herein provided.

20—Retiring member eligible for re-election

A member or chairman retiring from or ceasing to hold office, but duly qualified, shall be eligible for re-election.

21—Chairman's and members' fees

(1)The chairman shall be paid by the trust such annual remuneration for his services as is fixed by the trust in each financial year: Provided that the remuneration paid to the chairman during any financial year shall not exceed such amount as is approved by the Minister.

(2)Every member, other than the chairman, shall be paid by the trust such annual remuneration for his services as is fixed by the trust in each financial year: Provided that the remuneration paid to each member during any financial year shall not exceed such amount as is approved by the Minister.

(3)No person shall be disqualified from being or continuing the chairman or a member of the trust by reason of his receiving any payment under this section.

Division 2—Auditors

22—Election and retirement of auditors

(1)There shall be two auditors for the trust.

(2)Auditors shall be nominated and elected by the ratepayers in like manner as members are nominated and elected but no person shall be elected as or continue to be an auditor unless he holds one or more of the prescribed qualifications.

(2a)For the purposes of this Act the prescribed qualifications for an auditor shall be—

(a)a local government auditor's certificate issued pursuant to Part 5 of the Local Government Act 1934;

(b)membership of the Institute of Chartered Accountants in Australia;

(c)membership of the Federal Institute of Accountants (Incorporated);

(d)membership of the Commonwealth Institute of Accountants;

(e)membership of the Association of Accountants of Australia Incorporated;

(f)the Diploma in Commerce of the University of Adelaide.

(3)Any auditor elected at an annual election shall hold office as from the first Monday in the September following his election.

(4)On the first Monday in every September one auditor shall retire from office. The auditor to retire shall be the one who has held office longest without re-election. If both have so held office the same length of time the auditor to retire shall be decided by lot to be drawn by the chairman one week at least before the day on which notice is given of the day for the nomination of candidates for election. If the chairman fails so to draw lots, both auditors shall retire.

23—Qualification of auditors

The qualification and disqualifications for the office of auditor shall be the same as in the case of a member, except that an auditor need not be a ratepayer, and that no member shall be auditor. An auditor otherwise qualified to be member may be elected member, and shall thereupon cease to be auditor.

24—Vacancies in the office of auditor

Any of the following acts and events shall cause a vacancy in the office of auditor, namely:

(a)death, lunacy, idiocy, being adjudicated bankrupt, or the execution by the auditor of a statutory deed of assignment for the benefit of his creditors, or compounding with his creditors for less than one hundred cents in the dollar;

(b)absence from the State at the time at which any periodical audit is appointed to be held, or non-attendance at any audit after fourteen days' notice has been given to the auditor of the time and place appointed for holding the same;

(c)election as a member;

(d)resignation by notice posted or delivered to the chairman, if there is a chairman, and otherwise to the Minister;

(e)ceasing to hold at least one of the prescribed qualifications for an auditor;

(f)the judgment or order of any competent court or justices declaring the office vacant;

(g)the being concerned directly or indirectly, save as member of a public or joint-stock company incorporated by the law of the United Kingdom or any British possession, in any contract or dealing with the trust other than his employment as auditor.

25—Auditing accounts

(1)The auditors shall, as soon as conveniently may be after the half-yearly balancing of accounts in accordance with this Act, proceed to audit the accounts of the trust for the half-year preceding the said half-yearly balance.

(2)The trust shall cause to be produced and laid before the auditors the said accounts, together with proper vouchers in support of the same, and all books, papers, and writings in the custody or power of the trust relating thereto.

(3)If the said accounts are found correct, the auditors shall sign the same in token of their allowance thereof.

26—Balance-sheet to be sent to owners and occupiers

(1)Within two months after the auditors have certified the yearly balance-sheet the trust shall send a copy thereof to every person whose name is shown in the assessment book as owner or occupier of ratable land within the district.

(2)A balance-sheet shall be deemed to be sent to a person if it is—

(a)left for him at his usual place of abode or his place of abode as recorded by the trust; or

(b)posted to such person with postage prepaid in a letter or package addressed to his usual place of abode or his place of abode as recorded by the trust.

(3)The trust shall keep copies of its last balance sheet at its office and on the request of any person made at such office at any time during the ordinary business hours of the trust, shall produce to him a copy of such balance sheet and shall permit him to examine it and take extracts from it.

27—Persons to be present at auditing accounts

The auditors may refuse to allow any person, except the chairman of the trust, to be present at the audit of the accounts.

Division 3—Elections

28—Returning officer

(1)The trust shall appoint a returning officer, not being a candidate, to preside at the nomination and election of members and auditors.

(2)The trust shall reimburse the returning officer all expenses incurred by him in discharge of his duties, and shall pay him any remuneration that shall be agreed on.

(3)The returning officer, if he accepts office, shall not be eligible as a candidate at the election at which he is appointed to preside.

29—Day of nomination

(1)The nominations of members and auditors for the annual election shall take place at the trust office, at noon, on the third Monday in June in every year.

(2)Ten clear days at least before that day the trust shall cause public notice to be given of the place, day, and hour for the nomination of candidates.

30—Form of nomination, and time for lodging

(1)The nominations of members and auditors shall be signed by two ratepayers, and shall be in such one of the forms in Schedule 2 as shall be applicable, or in a form as near thereto as circumstances will admit.

(2)No nomination shall be acted upon unless the same is lodged in the trust office before the hour of noon of the day fixed for nominations.

31—Proceedings on day of nomination

(1)On the day of nomination the returning officer shall attend at the trust office at the hour of noon, at which time and place he shall cause all the nominations lodged in the office to be publicly opened and read aloud.

(2)If there is such number of candidates nominated as are required to be elected and no more, the returning officer shall declare those candidates to be elected to serve in their respective offices, in the case of members, as from the first Saturday in the July next ensuing, and in the case of auditors, as from the first Monday in September next ensuing.

(3)In the event of there being more candidates nominated than are required to be elected, the returning officer shall adjourn all further proceedings in respect of the election until the first Saturday in the July following, when the election shall be by ballot, as by this Act provided.

32—Notices of adjournment to be given

The returning officer upon any such adjournment shall forthwith give notice thereof, and of the object thereof, and the names of the several candidates, and the day, hour, and place when and where the election is to take place, by posting handbills on every place appointed by the trust by by-law as a place for posting notices.

33—Procedure on failure of annual election and on extraordinary vacancy

(1)Wherever—

(a)the annual election (other than the annual election of an auditor) from any cause wholly or in part fails to be made upon the day appointed by this Act; or

(b)any such election being made, afterwards becomes wholly or in part void; or

(c)an extraordinary vacancy occurs in the office of member,

a supplementary election shall be held.

(2)Whenever—

(a)the annual election of an auditor fails to be made upon the day appointed by this Act; or

(b)such election being made afterwards becomes void; or

(c)an extraordinary vacancy occurs in the office of auditor,

the trust shall appoint an auditor.

34—Proceedings on supplementary election

(1)Immediately upon the happening of any such whole or part failure or avoidance, or any such extraordinary vacancy, the trust shall by public notice appoint a day, not being earlier than seven days nor later than twenty-one days from the notice, for the nomination of the persons to be elected.

(2)The nomination shall take place on the day so appointed in like manner as at the annual election.

(3)If there is such number of candidates nominated as are required to be elected and no more, the returning officer shall declare the candidates to be elected to serve in their respective offices as from the day of nomination and election.

(4)If more candidates are nominated than are required to be elected, the returning officer shall adjourn all further proceedings in respect of the election until a day to be fixed by him for the election, not being less than six nor more than ten clear days from the day of nomination.

(5)On the day so fixed the election shall take place in like manner as at the annual election.

35—Notices of adjournment

The returning officer shall cause public notice to be given of any such adjournment, and the object thereof, and the names of the several candidates, and, in the case of wards, for which wards they are respectively nominated, and the hour and places when and where the election is to take place.

36—Proceedings in case of failure or avoidance of supplementary election

Whenever any supplementary election, wholly or in part, fails to be made, or becomes wholly or in part void, the trust shall hold another supplementary election in like time and manner as upon the failure or avoidance of an annual election.

37—Retirement of persons elected to fill extraordinary vacancies

Every person elected to supply an extraordinary vacancy shall, for the purposes of retirement, be deemed to have been elected when his immediate predecessor in office was elected, and shall retire accordingly, but shall be capable of being forthwith re-elected if qualified.

38—Notice of election

Within forty-eight hours from the election of any person to any office in connection with the trust, the returning officer shall cause to be delivered or posted to that person a notice informing him of the election, and within fourteen days of the election shall cause a notice thereof to be inserted in the Government Gazette.

39—Procedure where trust fails to hold election

If—

(a)the trust fails to proceed as by this Act required to any election for the space of twenty-one days from the last day on which the election is required by this Act to be held; or

(b)by resignation or otherwise it happens that there are no members of the trust,

any justice resident within the district, or any special magistrate, may, upon the request in writing of any three ratepayers, do every act by this Act required to be done for holding the election, including the appointment of a day of nomination and a returning officer.

Part 4—Management of the trust

40—Trust office

The trust shall have and maintain a suitable office within the district, or within the township of Renmark, for transacting the business of the trust.

41—Election of chairman

(1)At the first meeting of the trust after every annual election, the members present shall elect a chairman from among them.

(2)If there is an equal number of votes for two or more members having the largest number of votes, the person to act as chairman shall be chosen by lot between those members having the equality of votes.

(3)The omission to elect a chairman shall not prevent the trust from making such appointment at any future meeting.

(4)The chairman may resign his office at any time, and any vacancy in the office of chairman may be filled up at any meeting of the trust.

42—Secretary

The trust shall appoint a man of full age who is not an auditor to be secretary to the trust; but any other person appointed as hereinafter provided may perform the duties of the secretary in his absence.

43—Annual meeting

An annual meeting of the trust shall be held in the month of July in every year, at the trust office, on such day and at such hour as the trust determines.

44—Ordinary and special meetings

(1)Ordinary meetings of the trust shall be held at the trust office at such times, not being less than once in every month, as the trust from time to time determines.

(2)Special meetings may be held at any time and at any place within the district.

(3)Any meeting may be adjourned to any time and to any place within the district, and any business required to be done at an annual or ordinary meeting may be done at a special meeting.

45—Special meetings

(1)A special meeting may be called by the chairman at any time, and, on the requisition in writing of any three members, it shall be his duty to call such a meeting.

(2)If the chairman refuses or for two clear days fails to call a meeting upon any such requisition, any three members may call the meeting by public notice, signed by them, and stating the object of the meeting and the time and place of holding the same.

46—Notice of meeting

Unless and until otherwise provided by regulations and by-laws, three days notice of every meeting, signed by the secretary, shall be sent by post to every member, informing him of the time and place of meeting, and, in the case of a special meeting, of the business to be done thereat.

47—Quorum

(1)At all meetings of the trust, except where otherwise provided by this Act, one-half of the members for the time being shall form a quorum.

(2)The secretary, in the absence of all the members, or any member present alone, or the majority of members present at a meeting at which there is no quorum, may, at the expiration of half an hour from the time fixed for the meeting, adjourn the same, and any business which could have been transacted at the meeting may be transacted at the adjourned meeting.

48—Chairman

(1)At every meeting of the trust the chairman, or, in his absence, such member as the members assembled choose to preside, shall preside.

(2)The person so presiding shall have a deliberative vote, and, in case of equality of votes, a casting-vote.

49—Business of trust to be carried on notwithstanding vacancy

Notwithstanding any vacancies in the office of member the business of the trust shall be carried on by the member or members actually in office, who shall have all the powers of the trust.

50—Proceedings of trust valid notwithstanding defect of appointment etc

All proceedings of the trust, or of a committee of the trust, or of any person acting as a member, shall, notwithstanding it may be afterwards discovered that there was some defect in the election or appointment of the members or any of them, or of any person acting as aforesaid, or that they or any of them were incapable of being members, be as valid as if the members or member, or person, had been duly elected or appointed, and was capable of being a member.

51—Inability of secretary etc to perform duties

If, in consequence of death, absence, or any lawful impediment, it is impossible or inconvenient for the secretary or any member or other person to perform any particular matter or thing which by this Act he is required to perform, the chairman, or, if for the like reason it is impossible or inconvenient for the chairman, the trust may perform the matter or thing, or appoint some member or other person to perform it.

52—Business falling on Sunday etc

If the day for any meeting or adjourned meeting, or for any business or thing required by this Act or any by-law to be held or done, falls on a Sunday, Good Friday, Christmas Day, or public holiday, the meeting shall be held, or business or thing done, on the third business day after the day on which it fell.

53—Resolutions, how revoked or altered

No resolution passed at any meeting of the trust shall be revoked or altered at any subsequent meeting, unless—

(a)written notice of an intention to propose the revocation or alteration is given or posted to each of the members seven days at least before holding the meeting; and

(b)the revocation or alteration is determined upon by a majority consisting of two-thirds of the members present at the subsequent meeting, if the number of members present at the subsequent meeting is not greater than the number of members present when the resolution was passed, or by a majority if the number of members present at the subsequent meeting is greater than the number present at the former meeting.

54—Committees

(1)The trust may appoint a committee or committees of its members, and may delegate to any such committee such of its powers and duties under this Act as the trust thinks fit.

(2)The trust may, from time to time, make such regulations and by-laws as the trust thinks fit for the guidance of a committee, and may, from time to time, remove any members of the committee and appoint in the stead of them, or any of them, other members of the trust.

(3)The proceedings of a committee, shall, unless otherwise ordered by the trust, require the approval of the trust.

(4)A committee may appoint a sub-committee of its members to execute and discharge any of the powers and duties of the committee, but the acts of any such sub-committee shall be submitted for approval to the committee by which the sub-committee was appointed.

(5)In no case shall a committee be authorised to declare any rate; and no expenditure or payment or contract to expend or pay any sum of money exceeding one hundred dollars, made by a committee, shall be lawful or valid unless the expenditure, payment, or contract is afterwards approved or ratified by the trust.

(6)A committee appointed under this Act may (subject to regulations and by-laws of the trust) meet from time to time and adjourn as the committee thinks fit; but no business shall be transacted at any meeting of any such committee unless three members are present.

(7)At the first meeting of any committee or sub-committee one of its members shall be appointed chairman of the committee or sub-committee. All questions in committee shall be determined by a majority of votes of the members present. The chairman of the committee shall have a deliberative vote, and, in case of equality of votes, a casting vote.

(8)The chairman of the trust shall be ex officio a member of every committee or sub‑committee.

55—Power to delegate powers to chairman

The trust may delegate all or any of its powers to the chairman, with such restrictions and limitations (if any) as the trust may think proper.

56—Minutes of meetings

(1)The trust shall cause minutes of all the meetings of the trust, and of every committee thereof, and of the proceedings thereat, with the names of the members who attend at each meeting, and the names of all members voting on any question for the decision of which a division is called, to be duly made in books provided for the purpose, and to be kept by the secretary, under the superintendence of the trust.

(2)The minutes of every trust meeting and of every meeting of a committee until a report is agreed upon, shall be put for confirmation to the next succeeding meeting, or, if that is omitted, to some subsequent meeting, and, if found correct, shall be signed by the chairman of the meeting at which the same are confirmed, or if he refuses or neglects so to do for seven days after the meeting, then by any two members present and entitled to vote at the meeting.

(3)The minutes of a committee meeting at which a report is agreed to shall, if found correct, be signed at the meeting, or some adjournment thereof, by the chairman thereof.

57—Minute books and certified extracts therefrom evidence

(1)Every minute purporting to be any such minute as aforesaid and to be so signed, or a copy of or extract from any such minute purporting to be attested by the seal of the trust and signed by the secretary, shall be received as evidence in all courts, and before all judges, bodies politic, and persons without proof that the meeting to which the same refers was duly convened or held, or that the persons attending thereat were members of the trust or committee, or of the signature of the chairman or members, or of the fact of his having been such chairman, or of their having been members entitled to sign the minutes or of the affixing of the seal or of the signature of the secretary. All such matters shall be presumed until the contrary is proved.

(2)All such books shall, at all reasonable times, be open to the inspection of any member and of any creditor of the trust. Every ratepayer may inspect and take copies of the same at all reasonable times on payment of twenty cents to the secretary.

Part 5—General powers of the trust

58—Effect of this Act on water rights and correlative obligations

(1)Where upon the sale, disposition, or transfer by Chaffey Brothers, Limited, of any land granted to them in pursuance of The Chaffey Brothers Irrigation Works Act 1887 or the grant of which to them purports to be in pursuance of that Act, a water right to be held with and run with the land as a perpetual easement has been granted or given, or expressed to be granted, or given, by Chaffey Brothers, Limited, to the person to whom the sale, disposition, or transfer was made, the power to exercise the water right shall be deemed to be irrevocably granted by the said person on behalf of himself and all persons claiming through or under him to the trust.

(2)All ratable land which before the commencement of this Act belonged to Chaffey Brothers, Limited, shall be deemed to carry with it a water right to be held with and run with the land as a perpetual easement, and the power to exercise the right shall be deemed irrevocably granted by Chaffey Brothers, Limited, on behalf of themselves and all persons claiming through or under them, to the trust.

(3)Any such water right as in this section mentioned shall be deemed to be a right to take and divert water from the River Murray in such manner as is or may be permitted under any licence covering the land to which the right is annexed and issued, or purporting to be issued, pursuant to the said Act, and in the proportion attributable under the licence to so much of the said land as is for the time being under irrigated culture within the meaning and for the purposes of such licence, and the granting or giving of the right by Chaffey Brothers, Limited, shall be deemed to have been or to be in satisfaction of the obligations imposed by the said Act on George Chaffey and William Benjamin Chaffey, or any person claiming through them, to secure in pursuance of the said Act and the agreement therein mentioned a sufficient water right to the purchasers of any land as in such agreement mentioned to be held with and run with the land as a perpetual easement.

59—Distribution of water by trust

(1)The trust shall, so far as practicable, take and divert from the River Murray and supply to the ratepayers in the district water in such manner as is permitted under any licence or licences for the time being in force under The Chaffey Brothers Irrigation Works Act 1887 and in the proportion attributable under any such licence or licences to so much of the ratable land in the district as shall for the time being be under irrigated culture within the meaning and for the purposes of any such licence or licences, and shall distribute the water, less reasonable allowance for evaporation and other unavoidable loss, to the ratepayers in such manner as the trust considers most advantageous.

(2)The trust shall not be required to take, divert, or distribute water in excess of the quantity actually required from time to time for irrigation and domestic purposes.

60—Trust may lay pipes for supply to townships

The trust may, for the purpose of supplying water to township allotments, lay down pipes in streets and roads and elsewhere, and do all other acts necessary for such purpose, doing as little damage as may be, and making compensation as provided by this Act for any damage necessarily done.

61—Limitation on supply of water to persons other than ratepayers

In supplying water to persons other than ratepayers—

(a)the trust shall not supply more water to township allotments than the proportion, which would be attributable to those allotments under The Chaffey Brothers Irrigation Works Act 1887 and any licence or licences issued pursuant thereto, if the allotments were under irrigated culture;

(b)the trust shall not supply water to persons for use outside of the district so as to diminish the supply to which persons within the district are entitled.

62—Property in water

The water in an irrigation work under the control of the trust shall be the property of the trust for the purposes of this Act.

63—Irrigation works not taxable

The irrigation works under the control of the trust shall not be liable to any rates under this Act or under or in pursuance of the Local Government Act 1934 or any other Act.

64—Supply of water to persons otherwise not entitled thereto

(1)The Trust may, upon such terms and conditions as it thinks fit—

(a)supply water to any person in excess of the quantity of water to which that person is otherwise entitled under this Act;

(b)supply water to any person who is not otherwise entitled to be supplied with water under this Act.

(2)The terms and conditions stipulated by the Trust under this section must conform with any relevant regulation or by-law under this Act.

65—Power of trust to expend moneys for certain purposes

(1)The trust may, with the consent in writing of the Minister (who is hereby authorised to give such consent), expend any moneys of the trust derived from the general revenue of the trust for all or any of the following purposes, namely:

(a)the protection of any land within the district or of any irrigation works of the trust from inundation or damage by flood by the construction of embankments or the carrying out of any other works approved in writing by the Minister; and the maintenance and repair of any such embankments or works;

(b)any other purpose for the general benefit of the district which is approved in writing by the Minister.

65A—Power to declare non-ratable land

(1)Subject to this section, the trust may at any ordinary or special meeting—

(a)declare that any land within the district shall be non-ratable land;

(b)revoke any such declaration previously made by the trust.

(2)No land which at the time of the passing of the Renmark Irrigation Trust Act Amendment Act 1950 is ratable land included in the Assessment Book shall be declared non-ratable except at the request of the owner.

(3)Notwithstanding any other provision of this Act—

(a)land which is non-ratable pursuant to any declaration for the time being in force under this section, shall not be ratable land within the meaning of this Act;

(b)no person shall be a ratepayer in respect of such non-ratable land.

(4)The trust may sell water to the owner or occupier of non-ratable land on such terms and conditions as to place of delivery, price, and other matters as the trust fixes.

65B—Payments before supplying of water to new land

The trust may, before supplying water to any land which is not for the time being included in the Assessment Book, require the owner to pay or undertake to pay to the trust such sum as the trust fixes in respect of any capital expenditure incurred or to be incurred by the trust in connection with the supply of water to that land.

65C—Power of trust to order method of irrigation

(1)The trust may by order in writing served on the occupier of any ratable land require him to water his land or any specified part thereof only by the method specified in the order.

(2)A person who contravenes an order under this section shall be guilty of an offence against this Act, and liable to a penalty not exceeding two hundred dollars.

65D—Power of trust to order drainage

(1)Subject to subsections (4) and (5) of this section the trust may by order in writing served on the owner of any ratable land require him to carry out or cause to be carried out within the time and in accordance with the requirements set out in the notice any works specified in the notice being works for draining or improving the drainage of the said ratable land or for the prevention of injury to other land by seepage from the said ratable land.

(2)The order may indicate the times within which the work or any part thereof is to be commenced and completed, and any details as to the place and specifications of the work.

(3)If an owner fails to comply with a requirement of a notice under this section—

(a)he shall be guilty of an offence against this Act and liable to a penalty not exceeding two hundred dollars; and

(b)the trust may, at its discretion, itself do or cause to be done any work indicated in the notice and in respect of which default has been made, and may by action in any court of competent jurisdiction recover from the said owner the expense incurred by the trust in doing that work.

(4)Before making an order under this section the trust shall give not less than one month's notice in writing to the owner of the ratable land, stating its intention to make the order and the terms thereof.

(5)If the said owner, within twenty-one days after receipt of the notice gives the trust a written notice of objection to the proposed order, the trust shall not make the order until it has given the owner an opportunity of submitting to the trust information and arguments by way of objection against the making of the order, and has considered any information and arguments as submitted.

65E—Power to construct embankments

(1)The trust may from time to time construct and maintain embankments or other works for the protection from inundation or damage by flood of any land within the district or of any irrigation works of the trust.

(2)For the said purpose the trust may construct embankments or other works upon any land within the district and for the purpose of constructing or maintaining any such embankments or works the trust and any person authorised by the trust may enter upon any land within the district. The trust shall be liable to pay to the owner of any such land compensation for any damage arising out of the construction or maintenance of any such embankment or work.

(4)The powers given by this section shall be in addition to any powers given by section 65.

66—Procedure on subdivision of land

If any ratable land is supplied with water, and by reason of any change in ownership in the land any part of the said land ceases to be capable of being supplied with water from the existing irrigation works of the trust, the trust shall not be obliged to supply water to such part of the said land unless the owner thereof pays to the trust the amount of the cost to the trust of constructing any irrigation works necessary in the opinion of the trust for the purpose of supplying such part with water.

67—Modes in which trust may make, vary, and discharge contracts

(1)The trust may enter into contracts for the purposes of this Act, and every such contract may be made, varied, or discharged as follows:

(a)any contract which, if made between private persons, would be by law required to be in writing and under seal, the trust may make in writing and under the common seal of the trust, and in the same manner may vary or discharge the same;

(b)any contract which, if made between private persons would be by law required to be in writing signed by or on behalf of the parties to be charged therewith, the trust may make in writing under the common seal as aforesaid, or in writing signed by the members or any two of their number acting by the direction and on behalf of the trust, and may vary or discharge any such contract in the same way as it was or might have been made;

(c)any contract which, if made by private persons, would be by law valid although only made orally, may be made by the trust in either of the two ways aforesaid, or by any two of the members acting by the direction and on behalf of the trust orally or in writing, or may be varied or discharged in the same manner as it was or might have been made.

(2)All contracts made according to the provisions herein contained shall be effectual in law and binding on the parties thereto.

68—Power to compound claims

The trust may compound with any party who has entered into any contract with the trust, or by or against whom any action or proceeding has been brought or threatened on behalf of or against the trust, for any cause whatsoever, for such sums of money or other consideration as the trust thinks proper.

69—Power to contract with other bodies or persons in certain cases

The trust may, from time to time, contract, upon such terms as the trust thinks fit, with any person or corporate public body in or out of the State, for or with respect to the doing and the control and management by either or both of the contracting parties of any matter or thing which the contracting parties are, or either of them is, by law empowered to do, control, or manage; and the trust may carry out any such contract according to the tenor thereof.

70—Power to let, manage, and improve property

The trust may, from time to time, demise, let, manage, and improve all lands, hereditaments, jetties, piers, breakwaters, wharves, foreshores, and other property real or personal acquired by, held in trust for or by, or placed under the care of the trust, so as such property be dealt with in a manner consistent with the terms, trusts, or purposes under and for which the same was acquired: Provided no such lease shall be granted for a term exceeding fifty years.

71—Power to establish superannuation funds etc

The trust may expend its revenue in contributing to any sick, accident, or pension fund for its officers or employees, or in providing retiring benefits, pension benefits, or any similar benefits for its officers or employees, and for any such purpose may enter into any contract of assurance with any assurance company.

72A—Control of subdivision of irrigated land

(1)In this section—

holding means any continuous area of land or any two or more parcels of land separated only by roads, track or channels, situated within the district and occupied and used as a single vineyard, orchard or garden;

subdivide means to transfer, convey or sell or enter into any other transaction under which any person becomes entitled to the separate occupation of any part of a holding.

(2)If any person subdivides any holding of irrigated land situated within the district without having first obtained the consent of the trust to the proposed subdivision the trust shall have power at its discretion and notwithstanding the other provisions of this Act to refuse to supply water to any part of that holding.

72B—Power of Trust to acquire land

(1)For the purpose of constructing or carrying out any works which it is authorised by or under this Act to construct or carry out, the trust may acquire any land, or interest in land, either by agreement or compulsory process.

(2)The Compulsory Acquisition of Land Act 1925, except subsection (1) of section 49 and section 50 thereof, shall apply to the acquisition of land by the trust.

(3)Sections 164 to 169 (inclusive) of this Act shall not apply to compensation for land acquired pursuant to this section.

(4)This section shall (without limiting its general application) authorise the trust to acquire the estate or interest of any person holding land of the Crown under a lease or agreement for sale and purchase. When the trust has acquired such an estate or interest in any Crown land the Governor may for such consideration as the Minister fixes on the advice of the Land Board, grant the fee simple of such land to the trust.

72C—General powers of trust

The trust, in addition to all other powers, shall have and may exercise the following powers and authorities within the district:

(a)to do all necessary acts, matters, and things for the making, construction, improving, altering, cleansing, repairing, widening, deepening, diverting, or extending of any irrigation works, or any bank or defence against waters;

(b)to erect all necessary buildings, bridges, irrigation works, and machinery, roads, ways, wharves, docks, and jetties, and to maintain, alter or discontinue the same, subject as regards wharves, docks, and jetties to the approval of any Marine Board or Harbors Board or other similar body having authority over the same under any Act for the time being in force;

(c)to break up and, if necessary, remove the soil of any road, way, bank, dam, or footpath;

(d)to excavate and sink trenches for the purpose of laying down, making, and constructing irrigation works;

(e)to cause irrigation works to communicate with any stream or watercourse within or without the limits of the district;

(f)to enter by its officers or agents, upon any lands within the district for the purpose of inspecting or removing any earth, stone, or clay therefrom, and of making, constructing, and diverting drains, channels, and watercourses, and of regulating the supply of water to any land, or to any person, or by any drain, channel, or watercourse, or for any of the purposes of this Act;

(g)to enter, by its officers or agents, upon any lands or premises whereon or wherein it is proposed to execute any works, and on land adjacent thereto, and, if necessary to dig or bore therein;

(h)to examine any weir, sluice, or floodgate within or without the district erected in or upon or adjacent to any river, stream, lake, channel, watercourse, or other water; and to open or raise any floodgate or sluice within or without the district for any purpose whatever;

(i)to use adjacent lands for making temporary roads or approaches to any work;

(j)to do all acts, matters, and things, and execute and carry out works of any kind, having for their object the betterment of the district or to secure the health, comfort, or convenience of the owners and lessees of lands therein;

(k)to regulate and control all waters in channels and drains;

(l)to regulate the height at which water may or shall be maintained in any channel or drain;

(m)for the purpose of supplying water to any block in the district, to divert water through any channel on any other block.

72D—Power of trust to construct drains across roads

(1)The trust may, in connection with the supply of water within the district—

(a)cut and construct irrigation works on or across roads or streets, notwithstanding that such roads or streets are vested in or under the control of a district council or municipal corporation; and

(b)from time to time improve, alter, cleanse, repair, widen, deepen, divert, or extend any such irrigation works; and

(c)erect fences on or across such roads or streets for the protection of any such irrigation works; and

(d)do all such acts, matters, and things as are necessary or convenient for carrying out the works authorised by this section.

(2)After such works are carried out, the trust shall erect and keep in repair such bridges and culverts, and do such other things, as are deemed necessary by the Minister for reinstating such roads or streets.

73—By-laws

The trust may, with the approval of the Minister, make regulations or by-laws for or incidental to the implementation of the purposes for which the trust is constituted or to facilitate the exercise by the trust of its powers under this Act, and without limiting the generality of the foregoing the regulations or by-laws may relate to the following subjects:

(a)the appointment of the time and place for meetings of the trust, whether ordinary or special;

(b)the powers and duties, and the control, supervision, and guidance of all officers, servants, and persons employed by the trust;

(c)the form of contracts to be entered into with the trust;

(d)the leasing, care, or control of any irrigation works;

(e)the measures to be taken to prevent and remedy the waste, undue consumption, obstruction, and contamination of water contained or supplied from any part of the irrigation works, and to regulate the days and hours when water can be obtained for irrigation or domestic use on any land, and the quantity to be allowed;

(f)for stopping the supply of water to or for the benefit of any ratepayer whose rates are in arrear, or to any ratable land the rates in respect of which are in arrear;

(g)the protection of every part of the irrigation works from trespass or injury;

(h)granting licences to competent plumbers, and cancelling such licences, and also for preventing any other than licensed plumbers from fixing, altering, or repairing any pipes, fittings, or meters connected with the pipes or works under the control of the trust;

(i)for compelling persons using water supplied by the trust to keep their pipes, fittings, and other appliances in proper repair; for preventing any alteration of or interference with such pipes or fittings without the consent of or notice to the trust; for repairing such pipes, fittings, and appliances so as to prevent waste of water, and for recovering the cost of such repairs;

(j)for preventing unauthorised persons using, directly or indirectly, water supplied by the trust;

(k)for regulating the number, form, material, dimensions, construction, and arrangement of pipes, fittings, and other works supplying water from the irrigation works under the control of the trust; the time of executing and the notices to be given for such works; the superintendence thereof; the making good and replacing ground which may be displaced in the course of such works; and for inspecting, at any hour, irrigation works, pipes, and fittings, whether situate within any buildings or otherwise;

(l)the terms and conditions that the trust may impose in relation to the supply of water;

(m)the measurement of water supplied by the trust;

(n)the granting, suspension and revocation of licences authorising the diversion or taking of waters supplying or flowing into, any aqueduct, waterworks, stream, or reservoir in the district;

(o)imposing penalties, not exceeding two hundred dollars, for a breach of any regulation or by-law.

74—No by-law to be repugnant to any laws in force

(1)No such regulation or by-law shall be repugnant to this or any other Act of the State, or to the general spirit and intendment of the laws in force in the State, or inconsistent with the trusts or purposes on which any land, hereditaments, or other property may be held by the trust, or with any regulations made by the Governor under any Act for the time being in force.

(2)The trust shall not be authorised to inflict any punishment except by way of fine as above provided.

75—By-law not to exempt from proceedings for nuisance

Nothing contained in any regulation or by-law shall be construed to exempt any person guilty of a nuisance at common law from prosecution or action in respect thereof, nor from the consequences of conviction thereof.

76—Approval of regulations and by-laws

Every regulation or by-law made in pursuance of section 73, shall be approved by the Minister.

77—Minister may amend or revoke regulations and by-laws

(1)The Minister may at any time after fourteen days' notice in writing given to the chairman of the trust, revoke, amend, alter, or add to all or any of such regulations or by-laws.

(2)Every order by which any such regulations or by-laws is revoked, amended, altered, or added to, shall be published in the Government Gazette, and shall take effect and have the force of law from the time of such publication.

Part 6—Assessments

78—Assessment-book

(1)The trust must, whenever the trust considers it necessary for the purposes of this Act, cause to be prepared and entered into a book (the assessment-book) an assessment that contains—

(a)the name (as a ratepayer) of each person who is the owner or occupier of ratable land; and

(b)a description, the area and the situation of the ratable land.

(2)The assessment shall be signed in the said book by the chairman and two members and the secretary, who shall specify in the book the date of the signature. The assessment shall thenceforth become and remain binding on the ratepayers until a new assessment is in like manner prepared, entered, and signed.

79—New assessment to be made by assessors

(1)Every new assessment, except as by this Act otherwise provided, shall be made by one or more assessors, to be appointed by the trust.

(2)Every such assessor shall, for the purpose of making the assessment, have power to put to any owner or occupier of ratable land, or person in charge thereof, questions upon all such matters as may be necessary to enable the assessor to state correctly the particulars by this Act required to be stated in the assessment with regard to the land.

(3)If, after being informed by the assessor of his being an assessor, and of his purpose in putting the questions, and of his authority under this Act to put the same, any such owner or occupier or person in charge refuses or wilfully omits to answer the same to the best of his knowledge and belief, or wilfully makes any false statement in answer to any such question, he shall be guilty of an offence against this Act and liable to a penalty not exceeding twenty dollars.

80—Power to adopt previous assessment

The trust may, instead of causing any new assessment to be made by assessors, approve as a new assessment the last previous assessment, with such alterations and additions as may appear necessary.

81—Persons may have their names removed on change of ownership or occupation

Every person whose name appears in the assessment-book as owner or occupier of any ratable land shall be entitled to have his name removed from the book, upon a change of ownership or occupation, and upon notice in writing thereof given to the trust under his hand, he having first paid all rates, notice of which has been duly given him.

82—Insertion of names in assessment

An owner or occupier of any ratable land, but whose name does not appear in the assessment-book as such, may apply to the trust to have his name inserted in the assessment-book, and shall be entitled to have his name inserted accordingly, except within fourteen days immediately preceding any annual election.

83—Power to rectify assessment-book

Except within 14 days immediately preceding any annual election, the trust must rectify the assessment-book as soon as practicable after—

(a)any land has ceased to be ratable land by reason of subdivision, amendment of this Act, or otherwise; or

(b)the discovery of any error or omission in the assessment-book.

84—Notice of assessment

(1)Public notice of the making of any new assessment, of the adoption of any previous assessment, and of the place or places where copy or copies thereof may be inspected, shall be given to the effect of the form in Schedule 4 applicable thereto, within fourteen days from the making or adoption.

(2)Notice of the making of every new assessment, not being an adoption of a previous assessment, and of the making of any alteration or rectification of or addition to any assessment, shall, within fourteen days from such new assessment, alteration, rectification, or addition, be given in the form in the said Schedule applicable thereto, or to the like effect, by posting or delivering the same to every person appearing in the assessment-book as the owner of the land concerned. If no person appears in the assessment-book as owner, the notice shall be given in the Government Gazette.

85—Appeal against assessment

Any person may appeal against the assessment or any alteration or rectification thereof, or addition thereto, on any of the grounds following:

(a)that he is not the owner or occupier of the whole or any or some particular part of the ratable land for which his name appears as owner or occupier;

(b)that any ratable land, or the owner or occupier of any ratable land, within the district is omitted from the assessment;

(c)that any land included in the assessment is not ratable.

86—Hearing of appeals

(1)Appeals as aforesaid may be made either to the trust or directly to the Land and Valuation Court.

(2)From the decision of the trust on any such appeal there may be a further appeal to the Land and Valuation Court.

87—Time for appealing

(1)Every appeal to the trust shall be commenced within twenty-one days after the publication of the notice of the adoption or making of the assessment in the Government Gazette, or the giving of the notice of the alteration or rectification of or addition to any assessment, as the case may be, by notice in the form in Schedule 5, or in a form to the like effect, with such modifications as circumstances may require.

(2)No proceedings to try the validity of any assessment or rate shall be had or taken except upon a complaint laid within two months from the time at which notice of the assessment or rate appeared in the Government Gazette.

207—Complaints

A complaint may be made at the instance of the trust or any person.

208—Magistrate not disqualified because a ratepayer

A special magistrate or justice shall not be disqualified from acting on an appeal in respect of an assessment, or in proceedings for the recovery of rates or under the penal sections of this Act, by reason of his being a ratepayer.

209—Recovery of penalties

(1)The proceedings to recover any penalty under this Act or any by-law or regulation of the trust shall be commenced within three months from the commission of the offence.

(2)The money arising from any such penalty shall, except as hereinbefore provided, after payment of the expenses attending the recovery thereof, be paid one moiety thereof to the informer or person suing for the same, and the other moiety thereof to His Majesty for the public uses of the State and the support of the Government thereof.

211—Prosecution of officers

(1)No member shall be subject to be sued or prosecuted by any person and the body, goods, or lands of a member shall not be liable to execution of any legal process by reason of any contractual or other instrument entered into by the trust, or by reason of any other lawful act done by the trust in the execution of any of its powers.

(2)Every member, his heirs, executors, and administrators, shall be indemnified by the trust for all payments made or liabilities incurred in respect of any acts done by him, and of all losses, costs, and damages which he may incur in the bona fide execution of the powers granted to him by this or any other Act.

212—Actions against members

(1)All prosecutions for the infliction of pecuniary penalties upon, and all actions against, any member, chairman, officer, or person for anything done or omitted to be done in pursuance of this Act shall be commenced within six months after the happening of the cause of prosecution or action, and not otherwise except as hereinbefore to the contrary provided.

(2)The defendant in any such action may plead for the general issue and give this Act and the special matter in evidence at the trial.

(3)The plaintiff shall not recover in any such action if tender of sufficient amends is made before action brought, or if after action brought the defendant pays into court sufficient amends; but in such last-mentioned case the plaintiff shall recover his costs up to the time of payment into court, and if a judgment passes for the defendant, or the plaintiff becomes nonsuit or discontinues, or the defendant otherwise recovers judgment, he shall recover full costs as between solicitor and client, and have his remedy for the same in the usual way.

213—Gazette evidence of appointments and elections notified therein

The Government Gazette containing a notice of the appointment or election of any person to any office in the trust shall be conclusive evidence of the appointment or election, except in any proceeding brought to try the title of the person so appointed or elected.

214—Gazette evidence of resolution of trust notified therein

The Government Gazette containing a notice that any resolution was passed or order made at a meeting of the trust shall be conclusive evidence of the resolution being passed or order made, and of the meeting being lawfully convened, and of any facts stated in the notice relating to the majority by which the resolution was passed, and the number and proportion of members present.

215—Gazette conclusive evidence of proclamation and prima facie evidence of facts stated therein

(1)The Government Gazette containing any proclamation or order made by the Governor under this Act, or any repealed Act, shall be conclusive evidence of the fact, tenor, and validity of the proclamation or order, and shall be evidence of the facts stated, recited, or assumed therein.

(2)No such proclamation shall be invalid by reason of anything required as preliminary thereto not having been duly done.

216—Assessment book and certified copies of or extracts therefrom made evidence

The assessment book or any copy of or extract therefrom, certified as a true copy or extract under the hand of the chairman or the secretary, or the hands of two members, shall be conclusive evidence, except on proceedings to quash the assessment, that the assessment was duly made, and, except as aforesaid, the production of the Government Gazette containing a notice in any of the forms given in Schedule 4, or to the like effect, with such modifications as circumstances may have required, shall be evidence of the facts in the notice stated or referred to.

217—Notice of declaration of rate conclusive evidence

(1)Production to a court or other tribunal of a paper purporting to be a page of a newspaper comprising or containing a notice declaring a rate under this Act is conclusive evidence of the declaration of the rate.

(2)Section 217 of the principal Act as in force immediately before the commencement of the Renmark Irrigation Trust (Rating) Amendment Act 2000 remains in operation in relation to the declaration of rates before the commencement of that Act.

218—Ratepayers entitled to signed copy of by-laws on payment of one dollar

Every ratepayer shall be entitled, on payment of one dollar at the trust office, to receive a printed copy signed, by the chairman, secretary, or two members, of all by‑laws and regulations of the trust in force for the time being in the district, or any part thereof.

219—By-laws, minutes, contracts etc or certified copies, evidence

Regulations, by-laws, minutes of the trust or any committee thereof, and contracts, specifications, plans, estimates, and other documents in the hands of the trust by this Act or any repealed Act required or authorised, and any copy thereof or extract therefrom purporting to be signed by the chairman, two members, or the secretary, shall be receivable in any proceedings before any court or person as evidence of the matters therein contained, and, in the case of regulations or by-laws, shall be evidence of the passing, confirmation, and publication thereof, and of the performance of the requirements of this Act in respect thereof.

220—Saving of rules of evidence

Nothing in this Act contained shall prevent proof being given of the tenure of any office by evidence of acting in the office, nor any notice purporting to be a notice given by the trust, and published or posted as by this Act, or any repealed Act directed, or a copy thereof, being given in evidence in any proceeding against the trust, or any officer thereof, or shall negative any statutory or other rule of law as to evidence or presumptions therefrom.

221—Limitation of liability of trustee, agent, or attorney

No trustee, agent, or attorney for any owner of ratable land shall be liable to pay any money recovered or penalty imposed under the provisions of this Act in excess of the amount then in his hands or under his control and belonging to his cestui que trust.

222—Declarations

(1)Any declaration required by this Act may be made before a notary public, justice, or commissioner for taking affidavits in the Supreme Court, and shall be sufficient if it purports to be a solemn and sincere declaration made in pursuance of this Act.

(2)Any person who wilfully makes a false declaration purporting to be made in pursuance of this Act shall be guilty of perjury.

223—Advertisements to be paid for by trust

The cost of any advertisement required by this Act shall be paid by the trust or person whose action immediately necessitates the advertisement, and the Minister may require payment of the cost before causing any advertisement to be inserted.

224—Preservation of rights

(1)Nothing in this Act contained or hereby implied shall limit, prejudice, or affect any estate, interest, power, or right possessed by or conferred on the Government of South Australia.

(2)Nothing herein contained or implied shall impose any liability or responsibility upon the Government of South Australia in any way relating to the Renmark Irrigation Settlement, nor shall the Government undertake any such liability or responsibility.

224A—Power to include portions of district in water districts under Waterworks Act

Notwithstanding any provision of this Act, the Governor may, in exercise of the powers conferred by section 6 of the Waterworks Act 1932, from time to time by proclamation made pursuant to the said section declare any part of the Renmark Irrigation District to be a water district or to be included in a water district for the purposes of the Waterworks Act 1932. A proclamation for the purpose aforesaid shall be made only on the recommendation of the trust.

225—Commonage for municipality of Renmark

(1)The piece of land coloured brown and marked "Z" in the plan signed J.H. McNamara, Surveyor-General, and deposited in the Land Office on the fifth day of August, 1936, and numbered 324 shall continue to be dedicated as commonage for the Corporation of the Town of Renmark and under the control of the council of the said corporation for the benefit of the ratepayers thereof, on such terms as the Minister approves.

(2)Upon the publication in the Government Gazette of a proclamation by the Governor declaring that the said piece of land or any part thereof has been resumed for a public purpose or for settlement, the said dedication and control shall absolutely cease as to the whole or part (as the case may be) of the said piece of land.

225A—Power to grant channel land to trust

Upon payment by the trust to the Minister of Lands of such amount as is fixed by the Minister of Lands on the recommendation of the Land Board, the Governor may grant to the trust the fee simple of any land of the Crown upon which or upon any part of which is situated any channel, drain or other work which has been constructed or is maintained by the trust.

226—Validation of certain order, proclamation, and leases and agreements for sale and purchase

(1)The order dated the seventh day of November, 1921, whereby the Renmark Irrigation Trust No. 1 did order that certain pieces of land, portions of Nelbuck Street and therein described, were to be discontinued as roads and to be deemed thenceforth as Crown Lands (which said order was confirmed by the Governor by notice published in the Government Gazette on the twenty-sixth day of January, 1922) shall be deemed to have been lawfully made, and shall have the same force and effect as if section 3 of the Renmark Irrigation Trusts Act Amendment Act 1925 had been enacted before the said order had been made and confirmed as aforesaid.

(2)The proclamation made by the Governor on the twenty-eighth day of February, 1923, and published in the Government Gazette on the seventeenth day of May, 1923, whereby the Governor set aside the whole of blocks 82A, 83A, 84A, 85A, 86A, 87A, 88A, 89A, 90A, 91A, and 92A, part of Block E, Renmark Irrigation District, County of Hamley, exclusive of necessary roads, for allotment pursuant to the Discharged Soldiers Settlement Acts, 1917 to 1919, to discharged soldiers shall be deemed to have been lawfully made, and shall have the same force and effect as if section 3 of the Renmark Irrigation Trusts Acts Amendment Act 1925 and subsection (1) of this section had been enacted before the making of the said proclamation.

(3)All leases and agreements for sale and purchase issued in respect of the land described in subsection (2) hereof shall be deemed to have been lawfully issued, and shall have the same force and effect as if section 3 of the Renmark Irrigation Trusts Acts Amendment Act 1925 and subsections (1) and (2) of this section had been enacted before the issue thereof.

Schedule 2

(Section 30)

Nomination of member

Renmark Irrigation District.

Annual election, 20         [or as the case may be]

We, the undersigned ratepayers of the district, do hereby nominate [here state names of candidate], of   as a candidate for the office of member of the trust at the election to be held for the district on the   day of   20         [fill in date of nomination day].

[Signatures of nominators]

I, the abovenamed candidate, do hereby consent to the above nomination, and I do hereby declare that I am qualified to hold the office of member of the Renmark Irrigation Trust.

[Candidate's signature]

Nomination of auditor

Renmark Irrigation District.

Annual election, 20         [or as the case may be]

We, the undersigned ratepayers of the district, hereby nominate [here state names of candidate] as a candidate for the office of auditor of the district at the election to be held on the   day of   20         [fill in date of nomination day].

[Signatures of nominators]

I, the above-named [candidate's name], do hereby consent to the above nomination and I do hereby declare that I am qualified to hold the office of auditor of the Renmark Irrigation Trust.

[Candidate's signature]

Schedule 4

(Section 84)

Notice of assessment

Renmark Irrigation District.

The Renmark Irrigation Trust has caused to be made an assessment of all ratable land within the district, with the names of the owners and occupiers, so far as known, of that land: Copies of the assessment have been made, and the copies are deposited at [here state where the copies are deposited], and are open for inspection at all reasonable times. Any person intending to appeal against the assessment may do so by notice, as required by the Renmark Irrigation Trust Act 1936 within twenty-one days from the publication of this notice in the Government Gazette.

Dated this   day of   , 20        .

(Signed) AB, Chairman (or Secretary).

Notice of assessment by adoption of previous assessment [and of new assessment of portion not previously assessed]

Renmark Irrigation District.

Assessment made the   day of   , 20        , by the Renmark Irrigation Trust.

The Renmark Irrigation Trust has caused to be made an assessment of the ratable land within the district by adopting the above-mentioned assessment, with and subject to certain alterations (or additions), [and has caused to be made an assessment of all other ratable land within the above district].

Copies of the adopted assessment so altered (or added to) [and of the said assessment] are deposited at [here state where the copies are deposited], and are open for inspection at all reasonable times.

Any person intending to appeal against either of the said assessments may do so in manner required by the Renmark Irrigation Trust Act 1936 within twenty-one days from the publication of this notice in the Government Gazette.

Dated this   day of   20        .

(Signed) AB, Chairman (or Secretary).

Notice of alteration or rectification of or addition to assessment

Renmark Irrigation District.

Assessment made the   day of   20        .

The Renmark Irrigation Trust has caused the following alterations (or rectifications, or additions, as the case may be) to be made in the above-mentioned assessment, that is to say [here state nature of alterations, rectifications, or additions].

Copies of the assessment so altered (or rectified, or added to) are deposited at [here state where the copies are deposited], and are open for inspection at all reasonable hours.

Any person intending to appeal against such alteration (or rectification, or addition) may do so in manner required by the Renmark Irrigation Trust Act 1936 within twenty-one days from the giving of this notice.

Dated this   day of   20        .

(Signed) AB, Chairman (or Secretary).

Schedule 5

(Section 87)

Notice of appeal from assessment    

Take notice that I appeal to the Renmark Irrigation Trust against the assessment of my land,   section (or block or lot)   assessment No.   [or as the case may be] on the following grounds [here set forth grounds of appeal].

[Signature of appellant, by himself or his agent.]

To the secretary of the Renmark Irrigation Trust.

Schedule 8

(Section 103)

Notice of letting or selling land for arrears of rates 

Renmark Irrigation District.

There is now due, in respect of the land (or lands, as the case may be) mentioned in the Schedule hereto the sum (or respective sums) set opposite to the description of such land (or lands) in the Schedule, for a rate (or rates) declared by the Renmark Irrigation Trust, for the half-year (or half-years) ending as in the said Schedule mentioned; and the owner (or owners) of such land (or lands) are required to take notice that unless the amount (or amounts) so due, together with the costs of and attending this notice, be paid in two months from the first publication of this notice, the said trust will let the same in manner provided by the Renmark Irrigation Trust Act 1936 or an application will be made by the said trust to the Supreme Court for an order for the sale of the said land (or lands) or so much thereof as may be necessary to produce the rates so due and costs as aforesaid, and also the costs of and attending the said application.

Dated this   day of   20        .

Chairman (or Secretary).

The Schedule

Description of land—by numbers or distinguishing marks of lots, Sections, and block or other description Name of owner, or reputed owner (or state if owner unknown) Number of half years for which rates in arrear Date of ending of last half year for which rates in arrear Amount of rates

Schedule 9—Notice to owners etc

Renmark Irrigation Trust

To AB [here set out address appearing in register book].

Take notice that there is now due to the above trust in respect of [here describe property] the sum of $        , for rates up to the year ending  , and unless the amount so due is paid to the secretary of the trust within 1 month from the posting of this notice an application will be made to the Supreme Court for an order for sale of the said land.

Dated this   day of   20        .

....................................................................................

Secretary of the Renmark Irrigation Trust

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of Act

The Renmark Irrigation Trust Act 1936 was repealed by Sch 1 cl 3 of the Renmark Irrigation Trust Act 2009 on 23.4.2009.

Legislation repealed by principal Act

The Renmark Irrigation Trust Act 1936 repealed the following:

The Chaffey Brothers Irrigation Works Act 1887

The Chaffey Brothers Amendment Act 1902

The Renmark Irrigation Trusts Act 1893

The Renmark Irrigation Trusts Loan Act 1896

The Renmark Irrigation Trusts Loan Amendment Act 1900

The Renmark Irrigation Trusts Acts Amendment Act 1907

The Renmark Irrigation Trusts Acts Further Amendment Act 1914

Renmark Irrigation Trusts Acts Further Amendment Act 1919

Renmark Irrigation Trusts Acts Further Amendment Act 1920

Renmark Irrigation Trusts Act Further Amendment Act 1922

Renmark Irrigation Trusts Acts Amendment Act 1923

Renmark Irrigation Trusts Acts Amendment Act 1925

Renmark Irrigation Trusts Act Amendment Act 1929

Renmark Irrigation Trusts Act 1930

Renmark Irrigation Trusts Act 1931

Renmark Irrigation Trusts Act 1933

Legislation amended by principal Act

The Renmark Irrigation Trust Act 1936 amended the following:

The Insolvent Act 1886

Principal Act and amendments

Year	No	Title	Assent	Commencement
1936	2319	Renmark Irrigation Trust Act 1936	26.11.1936	1.6.1937 (Gazette 25.3.1937 p643)
1945	26	Renmark Irrigation Trust Act Amendment Act 1945	20.12.1945	20.12.1945
1946	46	Renmark Irrigation Trust Act Amendment Act 1946	19.12.1946	19.12.1946
1948	40	Renmark Irrigation Trust Act Amendment Act 1948	16.12.1948	16.12.1948
1950	45	Renmark Irrigation Trust Act Amendment Act 1950	30.11.1950	30.11.1950
1952	9	Renmark Irrigation Trust Act Amendment Act 1952	9.10.1952	1.8.1952: s 4
1954	28	Renmark Irrigation Trust Act Amendment Act 1954	2.12.1954	2.12.1954
1956	45	Renmark Irrigation Trust Act Amendment Act 1956	22.11.1956	22.11.1956
1957	33	Renmark Irrigation Trust Act Amendment Act 1957	7.11.1957	7.11.1957
1958	55	Renmark Irrigation Trust Act Amendment Act 1958	27.11.1958	27.11.1958
1959	31	Renmark Irrigation Trust Act Amendment Act 1959	3.12.1959	3.12.1959: s 3(1) except ss 4, 6, 8, 10, 14, 15, 18 and 19—1.7.1960 (Gazette 16.6.1960 p1588)
1963	31	Renmark Irrigation Trust Act Amendment Act 1963	21.11.1963	21.11.1963
1966	15	Renmark Irrigation Trust Act Amendment Act 1966	24.2.1966	24.2.1966
1966	83	Renmark Irrigation Trust Act Amendment Act (No. 2) 1966	1.12.1966	1.12.1966
1969	60	Renmark Irrigation Trust Act Amendment Act 1969 as amended by 77/1973	4.12.1969	21.5.1970 (Gazette 21.5.1970 p1841)
1971	15	Age of Majority (Reduction) Act 1971	8.4.1971	15.4.1971 (Gazette 15.4.1971 p1598)
1971	90	Renmark Irrigation Trust Act Amendment Act 1971	25.11.1971	20.4.1972 (Gazette 20.4.1972 p1497)
1972	100	Renmark Irrigation Trust Act Amendment Act 1972	9.11.1972	23.11.1972 (Gazette 23.11.1972 p2406)
1973	77	Statute Law Revision Act 1973	6.12.1973	6.12.1973
1977	17	Renmark Irrigation Trust Act Amendment Act 1977	5.5.1977	5.5.1977
1978	28	Statutes Amendment (Irrigation Acts) Act 1978	30.3.1978	3.7.1978 (Gazette 29.6.1978 p2236)
1978	60	Renmark Irrigation Trust Act Amendment Act 1978	21.9.1978	21.9.1978
1984	14	Renmark Irrigation Trust Act Amendment Act 1984	3.5.1984	24.5.1984 (Gazette 24.5.1984 p1261)
1985	9	Renmark Irrigation Trust Act Amendment Act 1985	7.3.1985	21.3.1985 (Gazette 21.3.1985 p864)
1990	9	Real Property Act Amendment Act 1990	12.4.1990	Sch—21.5.1990 (Gazette 17.5.1990 p1358)
1990	64	Renmark Irrigation Trust Act Amendment Act 1990	13.12.1990	1.1.1991 (Gazette 13.12.1990 p1755)
1994	59	Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994	27.10.1994	1.1.1995 (Gazette 8.12.1994 p1942)
1999	33	Financial Sector Reform (South Australia) Act 1999	17.6.1999	Sch (item 44)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 as the transfer date for the purposes of that Act: s 2(2)
1999	60	Electricity (Miscellaneous) Amendment Act 1999	19.8.1999	Sch—11.10.1999 (Gazette 30.9.1999 p1341)
2000	38	Renmark Irrigation Trust (Rating) Amendment Act 2000	13.7.2000	3.8.2000 (Gazette 3.8.2000 p360)
2003	44	Statute Law Revision Act 2003	23.10.2003	Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)
2005	56	Justices of the Peace Act 2005	17.11.2005	Sch 2 (cl 45)—1.7.2006 (Gazette 22.6.2006 p2012)
2005	58	River Murray (Miscellaneous) Amendment Act 2005	17.11.2005	Sch 1 (cl 3)—8.12.2005 (Gazette 8.12.2005 p4194)
2006	17	Statutes Amendment (New Rules of Civil Procedure) Act 2006	6.7.2006	Pt 66 (ss 205—212)—4.9.2006 (Gazette 17.8.2006 p2831)
2006	43	Statutes Amendment (Domestic Partners) Act 2006	14.12.2006	Pt 74 (s 187)—1.6.2007 (Gazette 26.4.2007 p1352)
2006	44	Statutes Amendment (Justice Portfolio) Act 2006	14.12.2006	Pt 24 (s 48)—18.1.2007 (Gazette 18.1.2007 p234)

Provisions amended since 3 February 1976

•Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 9 of The Public General Acts of South Australia 1837-1975 at page 380.

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Long title	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 1
ss 2 and 3	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 4	omitted under Legislation Revision and Publication Act 2002	24.11.2003
s 5
domestic partner	inserted by 43/2006 s 187(1)	1.6.2007
ratable land	substituted by 64/1990 s 3(a)	1.1.1991
relative	inserted by 43/2006 s 187(2)	1.6.2007
single holding	inserted by 64/1990 s 3(b)	1.1.1991
Pt 2
s 8
s 8(3)—(5)	s 8(2) second to fourth sentences designated as s 8(3)—(5) by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 3
s 11
s 11(3)	I—III redesignated as (a)—(c) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 13	amended by 59/1994 Sch 2	1.1.1995
I—VI redesignated as (a)—(f) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 24	I—VI redesignated as (a)—(g) by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 5
s 60	amended by 60/1978 s 2	21.9.1978
s 64	substituted by 60/1978 s 3	21.9.1978
s 65
s 65(1)	amended by 38/2000 s 3(a)	3.8.2000
I and II redesignated as (1)(a) and (b) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 65(2)	deleted by 38/2000 s 3(b)	3.8.2000
s 65E
s 65E(3)	deleted by 38/2000 s 4	3.8.2000
s 67	I—III redesignated as (a)—(c) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 72C	I—XIII redesignated as (a)—(m) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 73	amended by 60/1978 s 4(a), (c)	21.9.1978
IIIa deleted by 60/1978 s 4(b)	21.9.1978
I—XV redesignated as (a)—(o) by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 6
s 78
s 78(1)	substituted by 64/1990 s 4	1.1.1991
amended by 38/2000 s 5	3.8.2000
s 83	substituted by 64/1990 s 5	1.1.1991
s 85	I—III redesignated as (a)—(c) by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 7
s 91	substituted by 38/2000 s 6	3.8.2000
s 92	amended by 64/1990 s 6	1.1.1991
substituted by 38/2000 s 6	3.8.2000
ss 93—96	substituted by 38/2000 s 6	3.8.2000
s 96A	inserted by 38/2000 s 6	3.8.2000
s 97
s 97(1)	amended by 33/1999 Sch (item 44(a))	1.7.1999
s 97(2)	amended by 33/1999 Sch (item 44(b))	1.7.1999
s 97(3)	amended by 33/1999 Sch (item 44(c))	1.7.1999
substituted by 58/2005 Sch 1 cl 3	8.12.2005
s 97(4)	substituted by 58/2005 Sch 1 cl 3	8.12.2005
s 97(5)	deleted by 58/2005 Sch 1 cl 3	8.12.2005
s 100
s 100(1)	s 100 amended and redesignated as s 100(1) by 14/1984 s 3	24.5.1984
s 100(2) and (3)	inserted by 14/1984 s 3(c)	24.5.1984
s 104
s 104(1)	amended by 14/1984 s 4	24.5.1984
s 105
s 105(1)	amended by 17/2006 s 205(1)	4.9.2006
s 105(2)	amended by 14/1984 s 5	24.5.1984
amended by 17/2006 s 205(2)	4.9.2006
s 107	amended by 17/2006 s 206	4.9.2006
s 111	amended by 14/1984 s 6	24.5.1984
amended by 17/2006 s 207	4.9.2006
s 114
s 114(7)	amended by 9/1990 s 42 (Sch)	21.5.1990
s 114(8)	amended by 14/1984 s 7(a), (b)	24.5.1984
amended by 17/2006 s 208	4.9.2006
s 114(9)	amended by 14/1984 s 7(c)	24.5.1984
Pt 8	deleted by 60/1999 Sch	11.10.1999
Pt 9
s 123BA
s 123BA(2)	amended by 17/1977 s 2	5.5.1977
s 123BB
s 123BB(2)	amended by 17/1977 s 3	5.5.1977
s 123BD	inserted by 17/1977 s 4	5.5.1977
s 123D
s 123D(1)	amended by 17/1977 s 5	5.5.1977
amended by 33/1999 Sch (item 44(d))	1.7.1999
s 124	deleted by 38/2000 s 7	3.8.2000
s 124A	inserted by 9/1985 s 3	21.3.1985
Pt 10
Pt 10 Div 1	heading preceding s 125 deleted and Div 1 heading inserted by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 10 Div 2	heading preceding s 129 deleted and Div 2 heading inserted by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 10 Div 3	heading preceding s 140 deleted and Div 3 heading inserted by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 10 Div 4	heading preceding s 142 deleted and Div 4 heading inserted by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 10 Div 5	heading preceding s 143 deleted and Div 5 heading inserted by 44/2003 s 3(1) (Sch 1)	24.11.2003
Pt 10 Div 6	heading preceding s 149 deleted and Div 6 heading inserted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 151(2)	amended by 28/1978 s 43	3.7.1978
Pt 11
s 153	I and II redesignated as (a) and (b) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 154	amended by 59/1994 Sch 2	1.1.1995
redesignated as paragraphs and subparagraphs by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 157	I—VI redesignated as (a)—(f) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 160	amended by 59/1994 Sch 2	1.1.1995
s 162	amended by 17/2006 s 209	4.9.2006
Pt 12
s 168	amended by 17/2006 s 210	4.9.2006
s 169	I—IV redesignated as (a)—(d) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 174	amended by 59/1994 Sch 2	1.1.1995
s 187	amended by 59/1994 Sch 2	1.1.1995
amended by 44/2006 s 48	18.1.2007
s 207	substituted by 59/1994 Sch 2	1.1.1995
s 210	deleted by 56/2005 Sch 2 cl 45	1.7.2006
s 212
s 212(3)	amended by 17/2006 s 211	4.9.2006
s 217	substituted by 38/2000 s 8	3.8.2000
s 227	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
Sch 1	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
Sch 3	deleted by 38/2000 s 9	3.8.2000
Sch 7	deleted by 38/2000 s 10	3.8.2000
Sch 9	substituted by 17/2006 s 212	4.9.2006

Historical versions

Reprint No 1—15.11.1991

Reprint No 2—1.1.1995

Reprint No 3—1.7.1999

Reprint No 4—11.10.1999

Reprint No 5—3.8.2000

Reprint No 6—24.11.2003

8.12.2005

1.7.2006

4.9.2006

18.1.2007