{"id":"ground-water-qualco-sunlands-control-act-2000","name":"Ground Water (Qualco-Sunlands) Control Act 2000","slug":"ground-water-qualco-sunlands-control-act-2000","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":68451,"registerId":"sa-ground-water-qualco-sunlands-control-act-2000-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Ground Water (Qualco-Sunlands) Control Act 2000.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\ncategory in relation to land means the category of the land prescribed by regulation;\ncontribution year means the period of 12 months from 1 October to the following 30 September;\n2000/2001 contribution year means the period—\n\t(a)\tcommencing on a date (whether falling in the year 2000 or 2001) to be fixed by the Minister, by notice in the Gazette; and\n\t(b)\tending on 30 September 2001;\ndisposal basins means basins used, or intended to be used, to hold water pumped from the ground water mound and from underground water lying above the layer of Blanchetown Clay in the Scheme Area for the purpose of disposal by evaporation and seepage;\ndisposal capacity of the Scheme means the capacity of the Scheme infrastructure to pump water into the disposal basins and the capacity of the disposal basins to hold water;\ndomestic 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;\nelectricity transmission lines includes—\n\t(a)\tcables for the transmission of electricity; and\n\t(b)\tposts, pylons, pipes and equipment for carrying or laying electricity cables over or under land; and\n\t(c)\ttransformers and other equipment required for the transmission and use of electricity;\nERD Court means the Environment, Resources and Development Court;\nthe ground water mound means the underground water in the Loxton Sands and the Murray Group Limestone aquifers the upper level of which has been raised to the shape of a mound by irrigation;\nirrigated land means land that—\n\t(a)\tis within the Scheme Area and comprises the whole or part of an irrigated property; and\n\t(b)\tis, or has in the past been, subject to irrigation with water taken pursuant to a water licence or water allocation under the Landscape South Australia Act 2019;\nirrigated property means a property the whole or part of which is situated in the Scheme Area and—\n\t(a)\tis, or has in the past been, irrigated wholly or partly with water taken pursuant to a water licence or water allocation under the Landscape South Australia Act 2019; and\n\t(b)\tis, or has in the past been, used to carry on the business of primary production or some other enterprise and is, or has in the past been, managed as a single unit for that purpose (whether the land comprising the property is a single parcel or is made up of a number of parcels physically separated from each other);\nirrigation authority means—\n\t(a)\tin the case of a private irrigation district under the Irrigation Act 1994—the irrigation trust for that district;\n\t(b)\tin the case of a government irrigation district under that Act—the Minister for the time being administering that Act;\nirrigation declaration means a declaration by the owner of an irrigated property under section 54;\nmember of the Trust—see section 5;\nMurray‑Darling Basin Agreement means the Murray‑Darling Basin Agreement, a copy of which is set out in Schedule 1 of the Water Act 2007 of the Commonwealth, as in force from time to time;\nowner of land means—\n\t(a)\twhere the land has been granted in fee simple—\n\t(i)\tin the case of land that is subject to a life estate—the holder of the life estate;\n\t(ii)\tin any other case—the holder of the estate in fee simple in the land;\n\t(b)\twhere the land is held from the Crown under lease or licence—the lessee or the licensee;\n\t(c)\twhere the land is held from the Crown under an agreement to purchase—the person who has the right to purchase;\nrelative in relation to a person means the spouse, domestic partner, parent or remoter lineal ancestor, son, daughter or remoter issue or brother or sister of the person;\nrisk in relation to land means the risk of waterlogging or salinisation of that land or other land resulting from irrigation of the firstmentioned land;\nrisk management allocation—see section 40;\nthe Scheme means the scheme established by this Act—\n\t(a)\tto pump water into the disposal basins from the ground water mound and from underground water lying above the layer of Blanchetown Clay in the Scheme Area; and\n\t(b)\tto drain water from the underground water lying above the layer of Blanchetown Clay in the Scheme Area into the ground water mound; and\n\t(c)\tto pump water from the underground water lying above the layer of Blanchetown Clay in the Scheme Area to land on which it will be used for irrigation;\nScheme Area means the area shown in Schedule 1;\nScheme infrastructure means the system of wells, pipes, pumps, tanks and other infrastructure (including electricity transmission lines) used, or to be used, for the purposes of the Scheme (but does not include disposal basins);\nspouse—a person is the spouse of another if they are legally married;\nthe Trust means the Qualco-Sunlands Ground Water Control Trust established by this Act;\nwater disposal easement—see Part 4;\nwater licence means a water licence granted under the Landscape South Australia Act 2019;\nwaterlogging and salinity risk management allocation—see section 40;\nwater usage year means the period of 12 months from 1 July to the following 30 June;\nwell means—\n\t(a)\tan opening in the ground excavated for the purpose of obtaining access to underground water;\n\t(b)\tan opening in the ground excavated for some other purpose that gives access to underground water;\n\t(c)\ta natural opening in the ground that gives access to underground water.\n\t(2)\tSubject to subsection (3), where two or more irrigated properties are managed by the same person or by different persons who are associates (see subsection (4)), the properties will be taken to constitute a single irrigated property for the purposes of this Act.\n\t(3)\tIf, on the application of one or more of the persons referred to in subsection (2), the Trust is satisfied that one or more of the properties referred to in that subsection is managed as a single unit separately from the other or others, the Trust must declare the property to be an irrigated property separate from the other or others for the purposes of this Act.\n\t(4)\tA person is an associate of another person if—\n\t(a)\ta relationship of a kind referred to in subsection (5) exists between them; or\n\t(b)\tthey are linked by a series of relationships of a kind or kinds referred to in subsection (5) through one or more other persons.\n\t(5)\tSubsection (4) applies in relation to the following kinds of relationships:\n\t(a)\tthe relationship between relatives;\n\t(b)\tthe relationship between a guardian and a child or a guardian and a protected person;\n\t(c)\tthe relationship between partners;\n\t(d)\tthe relationship between employer and employee;\n\t(e)\tthe relationship where one person is bound to, or usually does, act in accordance with the directions, instructions or wishes of another person;\n\t(f)\tthe relationship between a body corporate and an executive officer of the body corporate;\n\t(g)\tthe relationship between a body corporate and a person who is in a position to control or influence the activities of the body corporate;\n\t(h)\tfiduciary relationships.\n\t(6)\tWhere—\n\t(a)\tland in the Scheme Area is irrigated with underground water supplied by the Trust under a scheme to reuse underground water for irrigation; and\n\t(b)\tat times when underground water is scarce the Trust uses water taken pursuant to a water licence or water allocation under the Landscape South Australia Act 2019 to meet its obligations to supply water to the land,\nthe use of water taken pursuant to a water licence or water allocation for that purpose will not be taken into account in determining whether the land is an irrigated property for the purposes of this Act.\n\t(7)\tFor the purposes of this Act—\n\t(a)\ta water usage year corresponds to the contribution year that commences during the water usage year; and\n\t(b)\ta contribution year corresponds to the water usage year that ends during the contribution year.\n\t(8)\tIn this Act, a reference to contribution year includes a reference to the 2000/2001 contribution year.\n\t(9)\tThe first water usage year for the purposes of this Act is the period of 12 months from 1 July 2000 to 30 June 2001.\n4—Provisions relating to irrigation districts\n\t(1)\tWhere the whole or part of an irrigation district under the Irrigation Act 1994 comprises part of the Scheme Area and there are no water allocations under that Act in respect of any of the irrigated properties (within the meaning of that Act) comprising the district (or the part of it that is within the Scheme Area) or water allocations do exist in respect of some of those properties but not all of them, the following provisions apply—\n\t(a)\tthe irrigation authority for the irrigation district is a member of the Trust if a waterlogging and salinity risk management allocation is attached to the irrigated land of the district; and\n\t(b)\tthe irrigation district (or the part of it within the Scheme Area) will be taken to be an irrigated property owned by the irrigation authority; and\n\t(c)\tthe irrigated properties (within the meaning of the Irrigation Act 1994) comprising the irrigation district (or the part of it within the Scheme Area) are not irrigated properties for the purposes of this Act; and\n\t(d)\teach of the owners of the irrigated properties (within the meaning of the Irrigation Act 1994) comprising the irrigation district (or the relevant part of it) will be taken not to own their respective properties but to be an occupier of the property concerned in addition to any other person in actual occupation of the property.\n\t(2)\tSubject to subsection (3), where the whole or part of an irrigation district under the Irrigation Act 1994 comprises part of the Scheme Area and water allocations exist under that Act in respect of all of the irrigated properties (within the meaning of that Act) comprising the district (or that part of the district that is within the Scheme Area), the following provisions apply—\n\t(a)\tthe irrigation authority for the irrigation district is not a member of the Trust; and\n\t(b)\tthe irrigated properties comprising the irrigation district (or the relevant part of it) are irrigated properties for the purposes of this Act as though the irrigation district did not exist; and\n\t(c)\tthe owners of those properties to which, or to part of which, a waterlogging and salinity risk management allocation is attached under this Act are members of the Trust.\n\t(3)\tWhere subsection (1) applies in relation to an irrigation district under the Irrigation Act 1994 and water allocations are subsequently fixed under that Act so that water allocations exist under that Act in respect of all of the irrigated properties under that Act comprising the district (or the relevant part of it), subsection (1) will continue to apply in relation to the district until the expiration of three months (or such longer period as is fixed in the notice) after the irrigation authority for the district has served written notice on the Trust that subsection (2) will apply to the irrigation district instead of subsection (1).\n\t(4)\tWhere subsection (2) applies to an irrigation district in pursuance of a notice under subsection (3), the waterlogging and salinity risk management allocation attached to each of the categories of irrigated land comprising the district will be divided between the irrigated properties (comprising the district) that include the relevant category of land in proportion to the water allocations under the Irrigation Act 1994 of the properties concerned.\n\t(5)\tFor the purposes of this Act, land may comprise an irrigated property within the meaning of the Irrigation Act 1994 despite the fact that a water allocation does not apply to the property under that Act (see the definition of irrigated property in section 4(1) of the Irrigation Act 1994).\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Qualco-Sunlands Ground Water Control Trust","content":"Part 2—The Qualco-Sunlands Ground Water Control Trust\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Establishment of the Trust","content":"Division 1—Establishment of the Trust\n5—Establishment of the Trust\n\t(1)\tThe Qualco-Sunlands Ground Water Control Trust is established.\n\t(2)\tThe members of the Trust are the owners for the time being of irrigated properties to which, or to a part of which, a waterlogging and salinity risk management allocation is attached under this Act (if section 4(1) applies to an irrigation authority, the authority is a member of the Trust).\n\t(3)\tThe Trust—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tcan sue and be sued in its corporate name; and\n\t(d)\tholds its property on behalf of the Crown; and\n\t(e)\thas the functions assigned to, or conferred on, it by or under this or any other Act; and\n\t(f)\thas all the powers of a natural person in addition to the powers conferred on it by this or any other Act.\n\t(4)\tWhere a document appears to bear the common seal of the Trust, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Trust.\n\t(5)\tThe following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies:\n\t(a)\tthe Trust;\n\t(b)\tan act or omission of any person, body or other entity in relation to the Trust.\n6—Transfer of assets etc of Qualco-Sunlands District Drainage Incorporated to Trust\n\t(1)\tOn the commencement of this section, the property and rights of Qualco-Sunlands District Drainage Incorporated comprising or related to the Scheme infrastructure are divested from that body and vest in the Trust.\n\t(2)\tOn the commencement of this section, the liabilities of Qualco-Sunlands District Drainage Incorporated incurred under contracts for or in relation to the construction of the Scheme infrastructure cease to be liabilities of that body and become liabilities of the Trust.\n\t(3)\tThe persons who were, immediately before the commencement of this section, employed by Qualco-Sunlands District Drainage Incorporated will, at the commencement of this section, be taken to be employed (and to have been employed since the commencement of their employment with Qualco-Sunlands District Drainage Incorporated) by the Trust on the terms and conditions of their employment by Qualco-Sunlands District Drainage Incorporated.\n7—Presiding officer and deputy presiding officer of the Trust\n\t(1)\tSubject to subsections (2) and (3), the first presiding officer and deputy presiding officer of the Trust will be the persons who were, immediately before the commencement of this section, the chairman and deputy chairman of Qualco-Sunlands District Drainage Incorporated.\n\t(2)\tThe presiding officer and deputy presiding officer of the Trust must be members of the Trust.\n\t(3)\tA resolution passed at a general meeting of the Trust—\n\t(a)\tmay remove a person from the office of presiding officer or deputy presiding officer of the Trust; and\n\t(b)\tmay appoint to the office of presiding officer or deputy presiding officer any member of the Trust.\n\t(4)\tThe deputy presiding officer may act in the absence of the presiding officer or during a vacancy in the office of presiding officer.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Meetings of the Trust","content":"Division 2—Meetings of the Trust\n8—Calling of meetings\n\t(1)\tA meeting of the Trust may be called at any time by the presiding officer or by a group of members who would constitute a quorum at a meeting of the Trust.\n\t(2)\tThe presiding officer must call a meeting of the Trust (the annual general meeting) at least once in each year.\n\t(3)\tAt least 14 days written notice specifying the time and place of each meeting must be given to every member of the Trust.\n\t(4)\tThe time and place of a meeting of the Trust must, as far as practicable, be convenient to the members of the Trust.\n9—Procedure at meetings of Trust\n\t(1)\tThe presiding officer will preside at meetings of the Trust or, in his or her absence, the deputy presiding officer will preside or, in the absence of both of them, a member chosen by the members present will preside.\n\t(2)\tMembers at a meeting of the Trust form a quorum if—\n\t(a)\ttheir number is equal to or greater than one third of the number of members of the Trust; and\n\t(b)\tthe aggregate of the waterlogging and salinity risk management allocations attached to the land owned by those members is at least one third of the aggregate of all risk management allocations attached to land in the Scheme Area.\n\t(3)\tThe following provisions apply when determining whether a quorum is present at a meeting—\n\t(a)\tif one third of the number of members of the Trust include a fraction, the fraction will be ignored; and\n\t(b)\ttwo or more persons who are members of the Trust in respect of the same irrigated property will be counted as one member of the Trust; and\n\t(c)\ta non-member who has been nominated to represent a member at the meeting will be counted (but if the non-member is representing two or more members, he or she will only be counted once).\n\t(4)\tSubject to this Act, a resolution will be carried if—\n\t(a)\tthe number of votes supporting it exceeds the number of the votes against it; and\n\t(b)\tthe value of the votes supporting the resolution exceeds the value of the votes against it,\n(if the number or value of the votes are equal under paragraph (a) or (b), the deadlock in each case will be resolved by the casting vote of the person presiding at the meeting).\n\t(5)\tA resolution of the Trust to make a recommendation to the Governor to vary the regulations that determine the shares in which members contribute to the cost of the Scheme can only be carried if—\n\t(a)\ttwenty one days notice of the proposed resolution has been given to the members; and\n\t(b)\tthe number of votes supporting the resolution exceeds one half of the number of members who are entitled to attend and vote on the resolution; and\n\t(c)\tthe value of the votes supporting the resolution exceeds one half of the total value of the votes that could be cast at the meeting if all members of the Trust had attended and voted on the resolution.\n\t(6)\tTwenty one days notice must be given of a resolution that varies or revokes a decision made by resolution of the Trust within the preceding 12 months.\n\t(7)\tSubject to this Act, the Trust may determine its own procedures.\n\t(8)\tThe Trust must keep minutes of its proceedings.\n10—Notice of meetings where ownership of property changes\nWhere the ownership of an irrigated property has changed, notice of a proposed meeting or resolution will be taken to have been given to the new owner if it had been given to the previous owner.\n11—Voting\n\t(1)\tSubject to this section, each member of the Trust is entitled to vote at meetings of the Trust.\n\t(2)\tA member may nominate another person to attend a meeting instead of the member and to vote at the meeting on his or her behalf.\n\t(3)\tWhere two or more persons are members of the Trust by reason of their ownership of the same irrigated property, a person must be nominated by both or all of them to vote on their behalf.\n\t(4)\tA nomination referred to in subsections (2) and (3) must be made by written notice to the Trust and may be revoked by the member, or all of the members, concerned by subsequent written notice to the Trust.\n\t(5)\tWhere a person who is not a member of the Trust has been nominated by a member or members to attend and vote at a meeting of the Trust, that person must be regarded as a member of the Trust for the purposes of proceedings at the meeting.\n\t(6)\tSubject to subsection (7), the values of votes at meetings of the Trust will be in proportion to the amount of the respective waterlogging and salinity risk management allocations attached to the land owned by the members voting.\n\t(7)\tThe basis for determining the values of votes can be changed by a resolution of the Trust if the following requirements are complied with:\n\t(a)\ttwenty one days notice of the proposed resolution must have been given to the members; and\n\t(b)\tthe number of votes supporting the resolution must exceed one half of the number of members who are entitled to attend and vote on the resolution; and\n\t(c)\tthe value of votes supporting the resolution must exceed one half of the total value of the votes that could be cast at the meeting if all members of the Trust had attended and voted on the resolution.\n\t(8)\tWhere an irrigation authority is a member of the Trust, a person who is the owner of an irrigated property within the meaning of the Irrigation Act 1994 that comprises part of the authority's irrigation district under that Act is entitled to attend meetings of the Trust but is not entitled to notice of meetings or to vote at meetings of the Trust.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Board of management, committees and delegation","content":"Division 3—Board of management, committees and delegation\n12—Board of management\n\t(1)\tThe Trust may appoint a board of management to carry out the day to day operations of the Trust.\n\t(2)\tThe Trust may appoint committees for specific purposes.\n13—Delegation\n\t(1)\tSubject to subsection (2), the Trust may delegate any of its functions or powers under this Act to its board of management, a committee or to any other person.\n\t(2)\tThe Trust cannot delegate its power of delegation or the power to make decisions that are required by this Act to be made by a resolution of which 21 days notice has been given.\n\t(3)\tA delegation must be in writing and may be conditional or unconditional.\n\t(4)\tThe Trust may vary or revoke a delegation at will and a delegation does not prevent the carrying out of any function or the exercise of any power by the Trust.\n14—Notice of resolution\nThe decision of the Trust—\n\t(a)\tto appoint a board of management; or\n\t(b)\tto delegate functions or powers to a board of management, a committee or to any other person,\nmust be made by resolution of which 21 days notice has been given.\n","sortOrder":4},{"sectionNumber":"Div 4","sectionType":"division","heading":"Accounts and audit","content":"Division 4—Accounts and audit\n15—Accounting records to be kept\n\t(1)\tThe Trust must keep accounting records that correctly record and explain its financial transactions and financial position.\n\t(2)\tThe records must be kept in a form—\n\t(a)\tthat facilitates the convenient and proper auditing of the records; and\n\t(b)\tthat facilitates the preparation of true and fair financial statements in a form that facilitates the convenient and proper auditing of the statements.\n16—Preparation of financial statements\n\t(1)\tThe Trust must, as soon as practicable after the end of each contribution year, cause financial statements in respect of that contribution year to be prepared in accordance with recognised accounting standards and cause the statements to be audited.\n\t(2)\tAn audit must be carried out by—\n\t(a)\ta registered company auditor; or\n\t(b)\ta firm of registered company auditors; or\n\t(c)\ta member of the Australian Society of Certified Practising Accountants; or\n\t(d)\ta member of The Institute of Chartered Accountants in Australia.\n\t(3)\tThe following persons must not be appointed as auditor of the accounts of the Trust:\n\t(a)\ta member of the Trust; or\n\t(b)\tthe owner of an irrigated property who is not a member of the Trust; or\n\t(c)\tthe owner of an irrigated property within the meaning of the Irrigation Act 1994 who is not a member of the Trust (see section 4(1)).\n\t(4)\tAn auditor of the Trust has a right of access at all reasonable times to the accounting records and other records of the Trust and is entitled to require from any officer or employee of the Trust or any other person such information and explanations as he or she requires for the purposes of the audit.\n\t(5)\tAn officer or employee of the Trust or other person must not, without lawful excuse—\n\t(a)\trefuse or fail to allow an auditor access, for the purposes of an audit, to any accounting records and other records of the Trust in his or her custody or control; or\n\t(b)\trefuse or fail to give any information or explanation as and when required by an auditor; or\n\t(c)\totherwise hinder, obstruct or delay an auditor in the exercise or performance of a power or function of the auditor.\n\t(6)\tAn auditor must, on the completion of the audit, prepare a report on the audit.\n17—Accounts etc to be laid before annual general meeting\n\t(1)\tAt each annual general meeting of the Trust, the Trust must lay before the meeting—\n\t(a)\ta copy of the audited financial statements of the Trust for the previous contribution year and a copy of the auditor's report; and\n\t(b)\ta report prepared by the Trust on the operations of the Trust in the previous contribution year.\n\t(2)\tAt the request of the Minister or any member of the Trust, the Trust must provide the Minister or member with a copy of the audited financial statements, the auditor's report and the report prepared by the Trust in respect of the contribution year to which the request relates.\n\t(3)\tThe Trust must make the minutes of meetings of the Trust available for inspection by its members and must, on payment of the prescribed fee, provide a member with a copy of the minutes of one or more of its meetings.\n","sortOrder":5},{"sectionNumber":"Div 5","sectionType":"division","heading":"Appointment of administrator","content":"Division 5—Appointment of administrator\n18—Appointment of administrator\n\t(1)\tThe Minister may appoint an administrator of the Trust and may remove or replace an administrator previously appointed.\n\t(2)\tBefore appointing an administrator of the Trust, the Minister must be satisfied that the Trust—\n\t(a)\thas persistently failed to perform its functions properly; or\n\t(b)\thas contravened, or failed to comply with, a provision of this Act; or\n\t(c)\thas been guilty of financial mismanagement.\n\t(3)\tThe function of an administrator is to reorganise the management and operations of the Trust to the extent necessary to enable it to perform its function and duties and exercise its powers efficiently on a continuing basis in accordance with this Act.\n\t(4)\tAn administrator has, while the appointment remains in force, full and exclusive power to perform the functions and duties and exercise the powers of the Trust.\n\t(5)\tAn administrator must comply with any directions that the Minister may give from time to time.\n\t(6)\tIf an administrator has a direct or indirect personal or pecuniary interest in any matter in relation to which he or she proposes to act as administrator under this section, he or she must disclose the nature of the interest to the Minister before acting.\nMaximum penalty: $10 000.\n\t(7)\tThe remuneration of an administrator will be fixed by the Minister and is payable from the Trust's funds.\n\t(8)\tThe administrator may, by written instrument, delegate any of his or her powers except this power of delegation.\n\t(9)\tA delegation under subsection (8)—\n\t(a)\tmay be made on such conditions as the administrator thinks fit; and\n\t(b)\tis revocable at will; and\n\t(c)\tdoes not derogate from the power of the administrator to act in any matter personally.\n\t(10)\tA person to whom powers have been delegated under subsection (8) who has a direct or indirect personal or pecuniary interest in any matter in relation to which he or she proposes to exercise those powers must disclose the nature of the interest in writing to the administrator.\nMaximum penalty: $10 000.\n\t(11)\tIt is a defence to a charge of an offence against subsection (6) or (10) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter.\n","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions and powers of the Trust","content":"Part 3—Functions and powers of the Trust\nDivision 1—Construction and maintenance of the Scheme infrastructure\n19—Construction of the Scheme infrastructure\n\t(1)\tSubject to subsection (3), the Trust must construct such infrastructure (that is not already in existence) as is required for the purpose of pumping water into the disposal basins.\n\t(2)\tThe infrastructure must be constructed in accordance with specifications determined or approved by the Minister as to—\n\t(a)\tdepth, size and capacity; and\n\t(b)\tquality of materials and equipment; and\n\t(c)\tdesign and method of construction; and\n\t(d)\tsuch other matters as the Minister thinks fit.\n\t(3)\tThe Trust is only required to comply with this section if it receives adequate Government funding to do so.\n\t(4)\tThe Minister and the Trust may agree to increase the capacity of the Scheme infrastructure under this section at any time by increasing the capacity of the existing wells, pipes, pumps, tanks or other infrastructure or adding new wells, pipes, pumps, tanks or other infrastructure to the Scheme.\n20—Infrastructure for reuse of underground water\nThe Trust may purchase or construct such infrastructure as it requires to enable the reuse of underground water for irrigation.\n21—Maintenance and repair of infrastructure\nThe Trust must maintain and repair the Scheme infrastructure so that it is capable of operating efficiently at all times.\n22—Vesting of Scheme infrastructure\n\t(1)\tThe Scheme infrastructure is vested in the Trust.\n\t(2)\tSubsection (1) does not preclude the Trust from transferring or otherwise dealing in the Scheme infrastructure.\n23—Insurance of Scheme infrastructure\n\t(1)\tThe Trust must, to the extent that it is reasonably practicable to do so, insure the Scheme infrastructure against—\n\t(a)\trisks that a normally prudent person would insure against; and\n\t(b)\trisks that are prescribed by regulation.\n\t(2)\tThe insurance must, if possible, be for the full cost of replacing the Scheme infrastructure with new materials and equipment.\n\t(3)\tThe Trust must, to the extent that it is reasonably practicable to do so, insure itself against—\n\t(a)\trisks that a normally prudent person would insure against; and\n\t(b)\trisks that are prescribed by regulation.\nDivision 2—Disposal basins\n24—Provision of disposal basins\nThe Minister will provide, or arrange for the provision of, one or more disposal basins connected to the Scheme infrastructure having a collective capacity—\n\t(a)\tto accept water from the Scheme infrastructure at the rate of 100 litres per second; and\n\t(b)\tthat ensures that there will be no period of 12 months during which the disposal basins are unable to accept at least 2840 megalitres of water.\nDivision 3—Operation of the Scheme\n25—Operation of the Scheme\n\t(1)\tThe Trust must operate the Scheme in a manner that achieves a Government cost/benefit ratio that is equal (as far as practicable) to the Trust's cost/benefit ratio.\n\t(2)\tThe Governments' cost/benefit ratio is the ratio of the money contributed to, or in relation to, the Scheme by the Commonwealth Government and the State Government to the benefits (expressed in monetary terms) derived by the State Government and the South Australian community generally as a result of reduction in salinity levels in the River Murray from the operation of the Scheme.\n\t(3)\tExcept for the first $300,000 dollars expended by the Minister in providing disposal basins as required by Division 2, the cost of providing disposal basins in compliance with that Division will not be taken into account when determining the Governments' cost/benefit ratio.\n\t(4)\tAny cost to the Government in increasing the number or capacity of the disposal basins above the requirements of Division 2 will be taken into account when determining the Governments' cost/benefit ratio.\n\t(5)\tThe Trust's cost/benefit ratio is the ratio of the money contributed by the owners and occupiers of those irrigated properties that are owned by members of the Trust to the operation and maintenance of the Scheme to the benefits (expressed in monetary terms) derived by the owners and occupiers of those irrigated properties from the operation of the Scheme.\n\t(6)\tThe methodologies to be used to determine the Governments' and the Trust's cost/benefit ratios must be designed by an expert appointed by the Minister and the Trust.\n\t(7)\tThe Trust must keep (and make available to the Minister) such records as are necessary or desirable for the application of the methodologies referred to in subsection (6).\n\t(8)\tThe methodologies must be reviewed from time to time at the request of the Minister or the Trust by an expert appointed by them.\n\t(9)\tIf the Minister and the Trust cannot agree on the appointment of an expert under this section, the appointment will be made by the Governor.\n\t(10)\tThe cost of, or relating to, designing the methodologies for the purposes of this section will be paid by the Minister and the Trust in equal shares.\n\t(11)\tThe cost of, or relating to, reviewing the methodologies will be paid by the party requesting the review and must be taken into account when determining cost/benefit ratios under this section.\n26—Amendment of salinity credits by Trust\n\t(1)\tSubject to subsection (2), the Trust may enter into an agreement with another person to produce salinity credits recognised under the Murray-Darling Basin Agreement on behalf of that person by pumping additional water from the ground water mound in the Scheme Area.\n\t(2)\tAn agreement under subsection (1) can not be made without the approval of the Minister.\n\t(3)\tThe costs incurred by the Trust in producing salinity credits under an agreement referred to in subsection (1) and the consideration received by the Trust under the agreement must be taken into account when determining the Trust's cost/benefit ratio under section 25.\nDivision 4—Powers of the Trust\n27—Powers of Trust\n\t(1)\tThe Trust has all powers necessary for or incidental to the construction, maintenance, purchase and operation of the Scheme infrastructure in accordance with this Act.\n\t(2)\tWithout limiting subsection (1), the Trust may—\n\t(a)\tenter or occupy any land or authorise any other person to enter or occupy any land if, in the Trust's opinion, it is necessary or desirable for the Trust or other person to do so for the purpose of planning, designing, constructing, maintaining or operating the Scheme infrastructure or carrying out any other function or exercising any other power of the Trust under this Act (this power is in addition to the rights of the Trust under the water disposal easement);\n\t(b)\tdrill wells;\n\t(c)\tlay pipes above or below ground;\n\t(d)\tconstruct pumping stations and install and operate pumps and other equipment;\n\t(e)\tconstruct or erect embankments, roads, buildings, structures or any other works;\n\t(f)\tconstruct electricity transmission lines;\n\t(g)\texcavate trenches;\n\t(h)\tinspect, clean, maintain, repair, alter, renew or replace any well, pipe, pumping station or other component forming part of the Scheme infrastructure;\n\t(i)\tclear any well, pipe, pumping station, or other component forming part of the Scheme infrastructure;\n\t(j)\tinspect, examine or survey land in connection with the planning, design or construction of the Scheme infrastructure and for that purpose the Trust may—\n\t(i)\tfix posts, stakes or other markers on the land;\n\t(ii)\tdig trenches or sink test holes on the land to determine the nature of the top soil and underlying strata;\n\t(iii)\tremove samples of any material from the land for analysis;\n\t(k)\twith the written approval of the Minister, purchase, sell or deal in any other manner with salinity credits recognised under the Murray-Darling Basin Agreement;\n\t(l)\twith the written approval of the Minister, transfer, mortgage, lease or otherwise deal with the Scheme infrastructure and the other property of the Trust;\n\t(m)\twith the written approval of the Treasurer, borrow money or obtain any other form of financial accommodation.\n\t(3)\tA person entering land under this section must comply with the requirements of section 71.\n\t(4)\tThe written approval of the Minister under subsection (2)(l) may be to a transaction identified in the approval or may be to unidentified future transactions of a class identified in the approval.\n","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"Water disposal easement","content":"Part 4—Water disposal easement\n28—Acquisition of easement\n\t(1)\tThe Minister is authorised to acquire an easement (the water disposal easement) for the purpose of the construction, operation and maintenance of the Scheme infrastructure as initially constructed or subsequently extended under this Act.\n\t(2)\tThe easement will be an easement in gross and does not depend on the existence of a dominant tenement.\n\t(3)\tThe Minister may acquire the easement pursuant to a contract with the owners of the land concerned or pursuant to the Land Acquisition Act 1969.\n\t(4)\tThe Minister must, as soon as reasonably practicable after the easement is vested in the Minister, transfer the easement to the Trust.\n\t(5)\tNo duty is payable under the Stamp Duties Act 1923 in respect of the transfer.\n29—Rights conferred by easement\n\t(1)\tThe easement entitles the person in whom it is vested and any person authorised by that person to use the land subject to the easement (the servient land) for the purpose of, or relating to—\n\t(a)\tdrilling wells; and\n\t(b)\tlaying pipes so that the uppermost surface of the pipe is at least 600 millimetres below ground level; and\n\t(c)\tconstructing pumping stations and installing pumps and other equipment; and\n\t(d)\tconstructing roads, buildings, structures and other works; and\n\t(e)\tconstructing electricity transmission lines; and\n\t(f)\texcavating trenches; and\n\t(g)\tusing the Scheme infrastructure to pump water in accordance with this Act and using the electricity transmission lines for the transmission of electricity; and\n\t(h)\tmonitoring the operation of the Scheme infrastructure; and\n\t(i)\tinspecting, cleaning, clearing, maintaining, repairing, altering, renewing and replacing any part of the Scheme infrastructure; and\n\t(j)\tany other activity that is necessary or desirable for the purposes of this Act.\n\t(2)\tFor the purposes of carrying out the Trust's functions, the Trust, or a person authorised by the Trust, may temporarily enter and occupy land adjacent to the servient land.\n\t(3)\tThe Trust, or a person authorised by the Trust, may, for the purpose of exercising rights conferred by the easement, enter, pass over and occupy the servient land or the land referred to in subsection (2) at any time (with or without motor vehicles and other equipment).\n\t(4)\tA person entering land under this section must comply with the requirements of section 71.\n30—Minimisation of damage etc\n\t(1)\tA person exercising rights under the water disposal easement must take reasonable steps—\n\t(a)\tto minimise damage to land or other property (including damage to pastures and native vegetation) from work or activities carried out in the exercise of rights conferred by the easement; and\n\t(b)\tto avoid unnecessary interference with land or other property, or the use or enjoyment of land or other property, caused by the exercise of rights under the easement.\n\t(2)\tA person exercising rights under the water disposal easement must not engage in activities involving substantial destruction of vegetation on the servient land unless—\n\t(a)\tthere is no feasible way of avoiding clearance of the vegetation if rights conferred by the easement are to be effectively exercised; or\n\t(b)\tthe Minister gives written approval for clearance of the vegetation.\n31—Issue of certificate of title for water disposal easement\nThe Registrar-General must, on application by the Trust, issue a certificate for the water disposal easement or a particular part of the easement.\n32—Dealing with easement\n\t(1)\tThe Trust must not enter into an agreement or other transaction affecting the water disposal easement without the written approval of the Minister.\n\t(2)\tThe Registrar-General must not register any dealing with the easement without the written approval of the Minister.\n","sortOrder":8},{"sectionNumber":"Part 5","sectionType":"part","heading":"Impact of irrigation on waterlogging and salinisation","content":"Part 5—Impact of irrigation on waterlogging and salinisation\nDivision 1—Classification of land\n33—Classification of land in the Scheme Area\n\t(1)\tThe Minister and the Trust must classify all irrigated land as land the irrigation of which creates a high, medium or low risk of waterlogging or salinisation of that land or other land.\n\t(2)\tThe land must be classified twice under this section in respect of the risk of waterlogging or salinisation caused by—\n\t(a)\tfirstly—the rising level of the ground water mound; and\n\t(b)\tsecondly—the rising level of underground water accumulating above the layer of Blanchetown Clay in the Scheme Area.\n\t(3)\tIf the regulations prescribe degrees of risk other than high, medium and low for the purposes of classification under this section, the Minister and the Trust must, as soon as practicable after the regulations come into operation, classify all irrigated land in accordance with those degrees of risk.\n\t(4)\tThe Minister and the Trust, on the application of—\n\t(a)\tthe owner of an irrigated property who proposes irrigating part of the property that is unclassified; or\n\t(b)\tthe owner of unclassified land in the Scheme Area who proposes developing the land as an irrigated property or adding the land to an existing property,\nmust classify in accordance with this section that part of the land that will be irrigated.\n\t(5)\tThe classification of land under this section must be—\n\t(a)\tbased on such information as the Minister and the Trust (or the Governor acting under subsection (9)) thinks is relevant; and\n\t(b)\tin accordance with a hydrogeological model approved by the Minister and the Trust.\n\t(6)\tThe Minister and the Trust may require the owner of land to provide (at the owner's expense) the Minister and the Trust with information in relation to the land for the purposes of subsection (5)(a).\n\t(7)\tIf a landowner fails to provide information required under subsection (6), the Minister and the Trust (or the Governor acting under subsection (9)) may classify the land at the highest degree of risk.\n\t(8)\tThe Minister and the Trust—\n\t(a)\tmay approve variations to the hydrogeological model referred to in subsection (5), or may approve a different model in substitution for the previous model, at any time; and\n\t(b)\tmust, if the Minister considers that it is necessary to do so, review the classification of all, or any part, of the land classified under this section; and\n\t(c)\tmust review the classification of all land classified under this section at intervals of not more than 5 years; and\n\t(d)\tmay vary the classification of land under this section following a review under paragraph (b) or (c).\n\t(9)\tIf the Minister and the Trust cannot reach agreement as to—\n\t(a)\tthe approval of a variation to the hydrogeological model or the approval of a different model in substitution for the previous model; or\n\t(b)\tthe classification, or variation of the classification, of land under this section,\nthe Minister may refer the matter to the Governor for determination.\n\t(10)\tOn—\n\t(a)\tthe initial classification of land under this section; or\n\t(b)\tthe classification of land following the prescription of degrees of risk by regulation under subsection (3); or\n\t(c)\tthe classification of previously unclassified land under subsection (4); or\n\t(d)\tthe variation of the classification of land under subsection (8)(d),\nthe Minister and the Trust must cause to be published in the Gazette a map showing all the classified land in the Scheme Area and the classification of that land.\n34—Members of the Trust to be consulted\n\t(1)\tBefore the Minister and the Trust vary the classification of land under section 33 or before the Minister refers a question of the variation of classifications to the Governor under that section, the Trust must serve notice on the owner of each irrigated property that will be involved in, or affected by, the reclassification, inviting the owner to make written submissions as to the impact of irrigation on his or her land or neighbouring land.\n\t(2)\tThe notice must provide a period of at least 28 days within which the owner may make submissions.\n\t(3)\tBefore varying the classification of land under section 33, the Minister and the Trust (or, where the Governor is making a determination under section 33(9), the Governor) must have regard to all submissions made in accordance with the notice.\n\t(4)\tWhere two or more persons are members of the Trust by virtue of ownership of the same irrigated property, service of the notice under subsection (1) on one of them will be taken to be service on all of them.\nDivision 2—Categories of land\n35—Categories of land\n\t(1)\tThe regulations may prescribe categories of irrigated land based on the classification of that land under Division 1.\n\t(2)\tThe category of the land may be a factor specified by regulations under section 48 for determining the shares in which the owners and occupiers of irrigated properties are liable for the costs of the Scheme.\nDivision 3—Certificate of zero impact\n36—Certificate of zero impact\n\t(1)\tSubject to subsection (2), an owner of an irrigated property may apply to the Minister for a certificate that the irrigation of land comprising the whole or part of the property will have no impact on both—\n\t(a)\twaterlogging or salinisation of the land or any neighbouring land; and\n\t(b)\tthe salinity levels in the River Murray.\n\t(2)\tWhere—\n\t(a)\tthe land comprises part of an irrigation district under the Irrigation Act 1994; and\n\t(b)\tthe irrigation authority for the district under that Act is not a member of the Trust under this Act,\nthe application can only be made with the written approval of the irrigation authority.\n\t(3)\tThe application must—\n\t(a)\tbe made in the manner, and be accompanied by the information, required by the Minister; and\n\t(b)\tbe accompanied by the fee prescribed by regulation.\n\t(4)\tThe Minister may grant a certificate of zero impact if he or she is satisfied—\n\t(a)\tthat irrigation of the land will have no impact on either waterlogging or salinisation of the applicant's land or any other land or on salinity levels in the River Murray—\n\t(i)\tbecause the land is adequately drained by a system that is independent of the Scheme infrastructure; or\n\t(ii)\tbecause the only water used for irrigation is taken from underground water accumulated above the layer of Blanchetown Clay in the Scheme Area; or\n\t(iii)\tfor any other reason; and\n\t(b)\tthat the Scheme does not improve the use of the land for the purposes of primary production in any way.\n\t(5)\tBefore granting a certificate, the Minister must consult the Trust and take into account the Trust's views.\n\t(6)\tThe Minister may grant a certificate—\n\t(a)\tfor such term as he or she thinks fit; and\n\t(b)\tsubject to such terms, conditions and limitations as he or she thinks fit.\n\t(7)\tWithout limiting subsection (6), a certificate may—\n\t(a)\tlimit the quantity of water that may be used to irrigate the land; and\n\t(b)\tspecify the method or methods that may be used to irrigate the land; and\n\t(c)\tinclude requirements relating to the maintenance, repair and replacement of the drainage system for the land; and\n\t(d)\trequire the owner or occupier of the land to periodically provide the Minister with such declarations or other evidence as the Minister requires to satisfy the Minister that the terms, conditions and limitations of the certificate have been complied with; and\n\t(e)\trequire the owner and occupier of the land to permit the Minister, or a person authorised by the Minister, to—\n\t(i)\tinspect the land; and\n\t(ii)\tinspect the irrigation and drainage systems on the land; and\n\t(iii)\tread meters; and\n\t(iv)\tdo anything else that is reasonably required to ensure that the irrigation of the land continues to have no impact on waterlogging or salinisation of land and salinity levels in the River Murray; and\n\t(f)\trequire the owner or occupier of the land to pay the reasonable costs of the Minister (to be fixed by the Minister) for the supervision required under paragraphs (d) and (e).\n37—Variation or termination of certificate\n\t(1)\tThe Minister may vary or terminate a certificate of zero impact at any time if—\n\t(a)\tthe owner or occupier, or a person acting on behalf of the owner or occupier, contravenes or fails to comply with the terms, conditions or limitations of the certificate; or\n\t(b)\tthe Minister is satisfied that irrigation on the land is having an impact on waterlogging or salinisation of land or salinity levels in the River Murray.\n\t(2)\tThe Minister must serve notice of the variation or termination of the certificate on the owner and occupier of the land concerned and, subject to section 38(6), the variation or termination will take effect at the expiration of 30 days, or such longer period as is specified in the notice, after the time of service.\n\t(3)\tThe notice must set out detailed particulars of the Minister's reasons for the variation or termination of the certificate.\n38—Appeal to the ERD Court\n\t(1)\tWhere on an application for a certificate under section 36—\n\t(a)\tthe Minister refuses the application; or\n\t(b)\tthe applicant is dissatisfied with the terms, conditions or limitations of the certificate,\nthe applicant may appeal to the ERD Court within 30 days after receiving notice of the decision.\n\t(2)\tThe owner or occupier of land may appeal to the ERD Court against the termination or variation under section 37 of a certificate of zero impact in relation to the land at any time before the termination or variation takes effect.\n\t(3)\tAn appeal under this section must be instituted in a manner and form determined by the Court.\n\t(4)\tAn appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to the appeal).\n\t(5)\tOn hearing an appeal, the Court may—\n\t(a)\taffirm or vary the decision appealed against or substitute any decision that should have been made in the first instance; or\n\t(b)\tremit the subject matter of the appeal to the Minister for further consideration.\n\t(6)\tIf an appeal has been instituted under subsection (2), the Court may suspend the operation of the decision appealed against until the determination of the appeal.\n\t(7)\tThe Court may terminate a suspension under subsection (6) at any time.\nDivision 4—Reducing the impact of irrigation\n39—Rewards for reducing the impact of irrigation\n\t(1)\tThe Governor may, by regulation made on the recommendation of the Trust, establish a scheme under which the owner or occupier of an irrigated property is rewarded for reducing the impact of irrigation on the property on—\n\t(a)\twaterlogging or salinisation of the land comprising the property or any other land; or\n\t(b)\tsalinity levels in the River Murray; or\n\t(c)\tboth of those problems.\n\t(2)\tWithout limiting the power to make regulations establishing a scheme under subsection (1), regulations made for that purpose may—\n\t(a)\texempt a person entitled to rewards under the scheme from any provision of this Act or may modify the operation of any provision of this Act in relation to such a person;\n\t(b)\tprovide for appeals to the ERD Court in relation to the operation of the scheme.\n","sortOrder":9},{"sectionNumber":"Part 6","sectionType":"part","heading":"Allocation of the Scheme's risk management capacity","content":"Part 6—Allocation of the Scheme's risk management capacity\n40—Waterlogging and salinity risk management allocation\n\t(1)\tA waterlogging and salinity risk management allocation (or risk management allocation) is an allocation to the irrigated land of an irrigated property of part of the capacity of the Scheme to manage the risk of waterlogging and salinisation of land and increasing levels of salinity in the River Murray resulting from irrigation of land in the Scheme Area.\n\t(2)\tThe risk management allocation of an irrigated property is attached to the irrigated land comprising the whole or part of the property.\n\t(3)\tA risk management allocation, or part of a risk management allocation, may be transferred in accordance with section 44 from one category of irrigated land to another.\n\t(4)\tThe risk management allocation attached to a category of irrigated land authorises (for the purposes of this Act but not for the purposes of any other Act) the person in occupation of the land to use a quantity of water taken pursuant to a water licence or a water allocation under the Landscape South Australia Act 2019 equivalent to the allocation to irrigate the land in each water usage year.\n\t(5)\tSubject to this Part, a risk management allocation—\n\t(a)\tcannot be dealt with separately from the land to which it is attached; and\n\t(b)\tis attached proportionally to all parts of that land so that if part of the land is transferred (or dealt with in any other manner) an equivalent part of the allocation is transferred with it.\n\t(6)\tAlthough a risk management allocation is attached proportionally to the land for the purpose of transfer or other dealings with the land, the quantity of water authorised by an allocation for the irrigation of a particular category of land comprising the whole or part of an irrigated property can be used on any part of that land.\n\t(7)\tThe owner of land may, in an irrigation declaration, surrender the whole or part of the risk management allocation attached to the land.\n41—Application for initial risk management allocation\n\t(1)\tThe owner of an irrigated property to which a water licence referred to in Schedule 2 was applicable on 10 April 2000 is entitled, in his or her irrigation declaration for the 2000/2001 contribution year, to apply for and be granted a waterlogging and salinity risk management allocation for the quantity of water appearing opposite the water licence in that Schedule.\n\t(2)\tAn owner of an irrigated property who applies under subsection (1) for a risk management allocation in the irrigation declaration referred to in that subsection may also apply under section 43 in the same declaration for an additional risk management allocation from the excess risk management capacity of the Scheme.\n42—Determination of excess capacity\n\t(1)\tThe excess capacity (if any) of the Scheme infrastructure to manage the waterlogging and salinisation of land and increasing levels of salinity in the River Murray must be determined and redetermined by the Minister and the Trust in accordance with this section.\n\t(2)\tThe first determination of risk management capacity operates in relation to the contribution year in which the pumping of water into the disposal basins commences and in relation to subsequent contribution years.\n\t(3)\tThe excess capacity of the Scheme infrastructure must be redetermined by the Minister and the Trust at intervals of not more than 5 years.\n\t(4)\tRedeterminations of the excess risk management capacity operate in relation to the contribution year commencing in the calendar year following the calendar year in which they are made and in relation to subsequent contribution years.\n\t(5)\tThe Scheme infrastructure may only be determined to have excess capacity to the extent that its capacity exceeds—\n\t(a)\tthe capacity accounted for by existing risk management allocations; and\n\t(b)\tthe capacity needed to fulfil the requirements of section 25; and\n\t(c)\tthe capacity needed to meet the Trust's obligations under an agreement under section 26.\n\t(6)\tIf the Minister and the Trust cannot agree on the initial determination or on a redetermination of the excess capacity of the Scheme, the determination or redetermination must be made by the Minister.\n\t(7)\tThe Trust must on or before 30 September in each year, adjust the excess capacity as determined or redetermined under this section or previously adjusted under this subsection in respect of the following contribution year to take account of any increase or reduction in risk management allocations of irrigated properties or any other relevant factor not previously taken into account.\n43—Request for increase in, or for a new, risk management allocation\n\t(1)\tThe owner of an irrigated property who is a member of the Trust may, in his or her annual irrigation declaration, apply to the Trust for an increase in the risk management allocation attached to the whole or part of his or her irrigated land or for a risk management allocation to be attached to other land that has been classified under section 33.\n\t(2)\tAn owner of land that has been classified under section 33 but who is not a member of the Trust may apply in writing to the Trust to be granted a risk management allocation in relation to the land.\n\t(3)\tAn application under subsection (1) or (2)—\n\t(a)\tcannot (unless the regulations provide otherwise) be made in respect of the category of land under this Act having the highest risk;\n\t(b)\tmay be made in respect of land of any other category;\n\t(c)\tin respect of an irrigated property, may, subject to paragraph (a), be made in respect of any part of the land comprising the property.\n\t(4)\tAn application must be justified by demonstrating—\n\t(a)\t—\n\t(i)\tthe need to use more water to irrigate existing plants; or\n\t(ii)\tthe need to irrigate proposed new planting to be undertaken on land that is suitable for the purpose; and\n\t(b)\tthat the quantity of the risk management allocation requested is not excessive when the species of plants and the area involved are taken into account.\n\t(5)\tAn application must include such information as is required by the regulations and such further information as is required by the Trust.\n\t(6)\tThe Trust may refuse an application if the applicant fails to convince the Trust that his or her application is justified under subsection (4).\n\t(7)\tIf the application is refused, the applicant may apply to the Minister responsible for the administration of the Landscape South Australia Act 2019 and, if the Minister is satisfied that the application is justified, he or she may direct the Trust to accept it.\n\t(8)\tSubject to subsections (9) and (10), those persons who have applied successfully in accordance with this section for an increase in their risk management allocation or for a new allocation are entitled to have the excess risk management capacity of the Scheme divided equally between them (regardless of any differences in the amounts they have applied for) until their respective applications are satisfied.\n\t(9)\tAn applicant whose application is only partially satisfied—\n\t(a)\tis entitled to have it satisfied in a subsequent year or years before any new applications are satisfied; but\n\t(b)\tis not entitled to make a further application until the previous application is satisfied or is withdrawn.\n\t(10)\tWhere—\n\t(a)\tthe capacity of the Scheme infrastructure is increased pursuant to an agreement between the Minister and the Trust under section 19(4); and\n\t(b)\tit is a term of the agreement that the resulting increase in the capacity of the Scheme is to be divided between the irrigated properties to which a water licence was applicable on 10 April 2000 but to which a risk management allocation has never previously been attached,\nthe owner of an irrigated property referred to in paragraph (b) may apply to the Trust for a risk management allocation proportional to, but not exceeding, the risk management allocation appearing opposite the number of the water licence applicable to that property in Schedule 2.\n44—Transfer of risk management allocations\n\t(1)\tSubject to subsection (2), the owner of an irrigated property may transfer a waterlogging and salinity risk management allocation, or a part of such an allocation, attached to part of his or her irrigated land to another part of his or her irrigated land if the land to which the allocation is transferred is of the same category as, or a category having a lower degree of risk than, the land from which the allocation is transferred.\n\t(2)\tA risk management allocation or part of an allocation can only be transferred to land—\n\t(a)\tthat formed part of the risk management allocation's irrigated property when the allocation first became attached to land comprising part of the property; or\n\t(b)\tthat is contiguous to land referred to in paragraph (a) and has subsequently become part of that irrigated property.\n\t(3)\tFor the purposes of subsection (2), one parcel of land will be taken to be contiguous with another parcel of land if they abut one another at any point or if they are separated only by—\n\t(a)\ta street, road, railway, thoroughfare, watercourse or channel; or\n\t(b)\ta reserve or other similar open space dedicated for public purposes.\n\t(4)\tFor the purposes of subsection (3) parcels of land will be taken to be separated by intervening land if a line projected at right angles from any point on the boundary of one of the parcels with the intervening land would intersect a boundary of the other parcel with the intervening land.\n\t(5)\tThe means of transferring a risk management allocation, or part of an allocation, under this section is by informing the Trust of the transfer in an annual irrigation declaration.\n45—Agreement with landowner to increase risk management capacity\n\t(1)\tThe following persons may enter into an agreement with the Trust under which the person pays for, or contributes towards, an increase in the capacity of the Scheme infrastructure:\n\t(a)\twhere the Scheme Area includes the whole or part of an irrigation district under the Irrigation Act 1994 and the irrigation authority for the district under that Act is a member of the Trust under this Act—\n\t(i)\tthe irrigation authority; and\n\t(ii)\ta person who is the owner of an irrigated property or other land in the Scheme Area that is outside the irrigation district;\n\t(b)\tin any other case—a person who is the owner of an irrigated property or other land in the Scheme Area.\n\t(2)\tSubject to the written approval of the Minister, the agreement may provide that a risk management allocation, or an increased risk management allocation, will be attached by the Trust to land specified in the agreement when the risk management capacity of the Scheme is increased.\n\t(3)\tThe Trust must not agree to a provision referred to in subsection (2) unless—\n\t(a)\tthe Minister and the Trust have agreed on the extent to which the risk management capacity of the Scheme will be increased; and\n\t(b)\tthe risk management allocation, or the increase in the risk management allocation, referred to in subsection (2) is accommodated by the increase in the risk management capacity of the Scheme.\n\t(4)\tA new risk management allocation, or an increase in an existing allocation, cannot (unless the regulations provide otherwise) be attached to the category of land having the highest degree of risk.\n\t(5)\tAs far as practicable the Trust must not benefit, or suffer any detriment, from an agreement under subsection (1).\n","sortOrder":10},{"sectionNumber":"Part 7","sectionType":"part","heading":"Funding the operation and maintenance of the Scheme","content":"Part 7—Funding the operation and maintenance of the Scheme\nDivision 1—Funding the Scheme\n46—Money required for operation and maintenance\n\t(1)\tThe Minister and the Trust must determine at least three months before the commencement of each contribution year the amount of money that the Trust will require (in addition to the funds that are already available to it) to operate and maintain the Scheme infrastructure in accordance with this Act and to carry out its other functions under this Act during that year.\n\t(2)\tThe amount determined under subsection (1) may include an amount to cover a shortfall in the Trust's budget from the previous contribution year.\n\t(3)\tIf the Minister and the Trust fail to reach agreement at least three months before the commencement of the contribution year on the amount required, the amount required will be taken to be the amount determined by the Minister as being the amount that is likely, in his or her opinion, to be required for those purposes.\n\t(4)\tThe amount must include (but is not limited to) the following components:\n\t(a)\tthe amount required to cover the cost of maintaining, repairing and replacing the Scheme infrastructure during the relevant contribution year; and\n\t(b)\tthe amount required to cover the cost of pumping water into the disposal basins and any related expenses that are not covered in the component referred to in paragraph (a); and\n\t(c)\ta contribution to the future cost of the maintenance, repair and replacement of the Scheme infrastructure.\n\t(5)\tThe amount of the component referred to in subsection (4)(c) must be calculated to spread the burden of future costs as far as possible equally amongst those who are presently, and those who in the future will be, liable for the maintenance of the Scheme.\n\t(6)\tThe Minister must determine the amount required to cover the costs of, and relating to, the recovery from the persons liable under section 55 of the amount paid by the Treasurer to the Trust under section 47 in respect of the relevant contribution year.\n\t(7)\tOn or before 15 August in each year (or, in respect of the 2000/2001 contribution year, some other date agreed between the Minister and the Treasurer), the Minister must inform the Treasurer in writing of the amount determined under subsection (1) or (3) in respect of the immediately following contribution year.\n47—Payment by the Treasurer\n\t(1)\tThe Treasurer must pay to the Trust from the Consolidated Account (which is appropriated to the necessary extent) the amount determined under section 46 that will be required by the Trust for the relevant contribution year.\n\t(2)\tThe amount must be paid—\n\t(a)\tin respect of the 2000/2001 contribution year—in such instalments and on or before such dates as are agreed by the Minister and the Treasurer;\n\t(b)\tin respect of all other contribution years—in equal quarterly instalments on or before the first days of October, January, April and July in the relevant year.\n48—Recovery of money paid by Treasurer to Trust\n\t(1)\tSubject to subsection (2), the following amounts may be recovered by the Minister from the owners and occupiers of irrigated properties in shares determined in accordance with the regulations:\n\t(a)\tan amount equivalent to the amount paid, or to be paid, by the Treasurer to the Trust under section 47 for the relevant contribution year; and\n\t(b)\tan amount equivalent to the amount determined by the Minister under section 46(6) to cover recovery costs for that contribution year; and\n\t(c)\tan amount (if any) payable by the Minister as a Goods and Services Tax or any other tax imposed by or under an Act of the Commonwealth in respect of the amount paid to the Minister in pursuance of a liability under section 55.\n\t(2)\tSubsection (1) does not apply to the owner or occupier of an irrigated property to which a water licence referred to in Schedule 2 was applicable on 10 April 2000 if a risk management allocation is not, and never has been, attached to any land comprising the irrigated property.\n\t(3)\tSubject to subsection (6), regulations may only be made by the Governor under subsection (1) on the recommendation of the Minister and the Trust.\n\t(4)\tRegulations made under subsection (1) may provide that the shares payable by the owners and occupiers of irrigated properties will be based on one or more of the following factors:\n\t(a)\tthe category or categories of the irrigated land of the irrigated property;\n\t(b)\tthe quantity of water used to irrigate the irrigated land of the property;\n\t(c)\tthe extent (if any) to which irrigation of the irrigated land of the irrigated property increases salinity levels in the River Murray;\n\t(d)\tthe waterlogging and salinity risk management allocation attached to the irrigated land comprising the whole or part of the irrigated property;\n\t(e)\tsuch other factor or factors as are specified in the regulations.\n\t(5)\tThe first regulations made under subsection (1) will be taken to have been made on the recommendation of the Minister and the Trust as required by subsection (3).\n\t(6)\tThe Governor may make regulations under subsection (1) varying the regulations under that subsection on the recommendation of the Minister alone without the recommendation of the Trust if—\n\t(a)\tthe Minister and the Trust cannot agree on the recommendation to be made to the Governor; or\n\t(b)\tin the Minister's opinion, the regulations need to be varied because they are causing, or are likely to cause, substantial unfairness to one or more persons.\n\t(7)\tThe amount determined under the regulations as being payable in respect of an irrigated property must be increased or reduced under section 49 to take account of any under payment or over payment in respect of the previous contribution year or years in relation to the irrigated property.\n49—Adjustment of contributions\n\t(1)\tWhere—\n\t(a)\tthe share payable in a contribution year by an owner and occupier of an irrigated property depends on the quantity of water used to irrigate the land in the corresponding water usage year; and\n\t(b)\tthe quantity actually used in that year differs from the quantity on which the share was based,\nthe share must be redetermined after the end of the water usage year based on the actual quantities used and the share determined under section 48 in respect of that irrigated property for the following contribution year must be adjusted to take account of an underpayment or overpayment in respect of the previous year.\n\t(2)\tThe regulations may provide that a share (based on the quantity of water used) initially payable by an owner and occupier of an irrigated property in respect of a contribution year may be based on the quantity of water used to irrigate the property in the water usage year corresponding to the immediately preceding contribution year or on an estimation by the Trust of the water to be used in the current water usage year.\n50—Payment in respect of the unauthorised use of water\n\t(1)\tThe use of water to irrigate an irrigated property to which, or to part of which, a risk management allocation is attached is unauthorised for the purposes of this Part if the use of the water constitutes an overuse in the relevant water usage year under section 51.\n\t(2)\tIf in a water usage year the quantity of water used to irrigate an irrigated property to which a water licence referred to in Schedule 2 was applicable on 10 April 2000 but to which a risk management allocation has never been attached exceeds the risk management allocation appearing opposite that water licence in Schedule 2, the use of all of the water used to irrigate that property in that year is unauthorised for the purposes of this Part.\n\t(3)\tSubsection (2) does not apply in relation to an irrigated property in relation to a water usage year if, in the opinion of the Trust, the excessive use of water is trifling.\n\t(4)\tThe use of any water to irrigate an irrigated property that is not referred to in subsection (1) or (2) is unauthorised for the purposes of this Part.\n\t(5)\tAn amount determined in accordance with the regulations may be recovered by the Minister in respect of the unauthorised use of water from the owner and occupier of the land on which the water was used (the amount may be a share of the amounts referred to in section 48(1)).\n\t(6)\tSubject to subsection (9), regulations may be made by the Governor under subsection (5) only on the recommendation of the Minister and the Trust.\n\t(7)\tRegulations under subsection (5) may—\n\t(a)\tbe based on one or more of the factors referred to in section 48(4) or such other factors as are specified in the regulations;\n\t(b)\timpose a penalty for the unauthorised use of water.\n\t(8)\tThe first regulations made under subsection (5) will be taken to have been made on the recommendation of the Minister and the Trust as required by subsection (6).\n\t(9)\tThe Governor may make regulations under subsection (5) varying the regulations under that subsection on the recommendation of the Minister alone without the recommendation of the Trust if—\n\t(a)\tthe Minister and the Trust cannot agree on the recommendations to be made to the Governor; or\n\t(b)\tin the Minister's opinion, the regulations need to be varied because they are causing, or are likely to cause, substantial unfairness to one or more persons.\n51—Computing overuse of water\n\t(1)\tSubject to this section, if the total quantity of water used to irrigate a particular category of land comprising the whole or part of an irrigated property over a period comprising a block of three consecutive water usage years exceeds the quantity prescribed by subsection (2), the owner or occupier of the land will be taken to have overused water on that category of land in the last of those years to the extent of the excess.\n\t(2)\tThe quantity of water for the purposes of subsection (1) is the quantity of water authorised for irrigation of the land during the relevant block of three consecutive water usage years by the waterlogging and salinity risk management allocation (if any) attached to the land.\n\t(3)\tBy way of explanation—\n\t(a)\tthe first block of three consecutive years is comprised of the first, second and third water usage years of the operation of the Scheme;\n\t(b)\tthe second block is comprised of the second, third and fourth water usage years of the Scheme;\n\t(c)\tthe third block is comprised of the third, fourth and fifth water usage years,\nand so on.\n\t(4)\tIn order to avoid an owner and occupier being charged more than once in respect of the unauthorised use of water, where—\n\t(a)\tthe quantity of water used to irrigate land in a particular water usage year (the relevant year) will be included to determine the question of the overuse of water in respect of two or three blocks of consecutive years under subsection (1) (for example the second water usage year will be included in determinations in respect of the first and second blocks of consecutive years and the third and subsequent water usage years will be included in determinations in respect of three blocks of consecutive years); and\n\t(b)\tthe quantity of water used in the relevant year exceeded the risk management allocation attached to the land for the corresponding contribution year; and\n\t(c)\tthe quantity of water used in the relevant year has already been taken into account in determining that an overuse of water has occurred in one of the blocks of three consecutive water usage years of which the relevant year is a component year,\nthe quantity of water used in the relevant year for the purpose of determining whether water has been overused in a subsequent block of consecutive years of which the relevant year is a component year will be taken to be equivalent to the risk management allocation for the contribution year corresponding to the relevant water usage year.\n\t(5)\tThe third water usage year of the Scheme and each subsequent water usage year will be the last year of a block of three years comprising that year and the two preceding years in respect of an irrigated property even though the land comprising the property was not an irrigated property until the last of those years.\n\t(6)\tFor the purposes of this section—\n\t(a)\tthere will be taken to be a risk management allocation of zero in respect of land to which a risk management allocation is not attached; and\n\t(b)\twhere during a particular period an owner or occupier uses water to irrigate more than one category of land, an overuse of water on a category of land having a lower risk will be reduced by the equivalent under use (if any) during that period on a category of land having a higher risk; and\n\t(c)\tif the overuse of water occurs on land that has not been classified under section 33, the overuse will be taken to have occurred on land having the highest degree of risk.\n\t(7)\tIf the Trust has made a dry year declaration under section 53 in respect of a water usage year, the quantity of water used to irrigate land in that year will be notionally reduced in accordance with the declaration for the purposes of determining the overuse of water under this section.\n52—Rules for computing water used where certificate of zero impact applies\nWhere a certificate of zero impact is in force under section 36 in relation to land, the following rules apply when determining the contribution payable by the owner and occupier of the land to the costs of the Scheme and when computing the quantity of water used on the land for the purposes of sections 50 and 51:\n\t(a)\twhere—\n\t(i)\tthe certificate of zero impact has been in force during the whole of a water usage year; and\n\t(ii)\tall the water used to irrigate that land during that year has been used in accordance with the terms, conditions and limitations of the certificate,\nthe quantity of water used to irrigate the land during that year will be taken to be zero;\n\t(b)\twhere—\n\t(i)\tthe certificate has not been in force during the whole of the water usage year; or\n\t(ii)\tsome or all of the water used to irrigate the land during that year has been used in contravention of the terms, conditions or limitations of the certificate,\nthe quantity of water used to irrigate the land during that year will be taken to be the quantity of water actually used for that purpose.\n53—Dry year declarations\n\t(1)\tWhere, in the opinion of the Trust, the recharge to the ground water mound or to the underground water lying above the layer of Blanchetown Clay in the Scheme Area in a water usage year has been significantly reduced because of low rainfall or for any other reason, the Trust may issue a dry year declaration stating the extent to which the quantities of water used to irrigate land in that year will be notionally reduced for the purpose of determining amounts payable by owners and occupiers under this Part.\n\t(2)\tThe Trust must serve a copy of the declaration on each member of the Trust.\n54—Irrigation declarations\n\t(1)\tIf a waterlogging and salinity risk management allocation is attached to the irrigated land of an irrigated property, the owner of the property must provide the Trust with an irrigation declaration in relation to each contribution year in a form approved by the Trust.\n\t(2)\tThe declaration must include information required by the regulations for the administration of this Part or for the administration of any other Part of this Act.\n\t(3)\tIf an owner fails to complete and return an irrigation declaration to the Trust as required by the regulations, a notional declaration including such information as the Trust considers appropriate will be taken to have been returned by the owner to the Trust in accordance with the regulations.\nDivision 2—Recovery of money from owners and occupiers\n55—Liability to pay Minister\n\t(1)\tThe following persons are jointly and severally liable to pay to the Minister the share determined under section 48, and the amount determined under section 50 (if any), in respect of each irrigated property for each contribution year:\n\t(a)\tthe owner or owners of the property at 12.01 a.m. on the first day of the contribution year; and\n\t(b)\tthe occupier or occupiers (if not also the owner or owners) of the property at that time.\n\t(2)\tAn owner and occupier of an irrigated property who are liable under subsection (1) must, as between each other (subject to an agreement between them to the contrary), contribute equally to the amount payable to the Minister under this section and two or more co-owners or co-occupiers must contribute as between each other in proportion to the value of their respective interests in the land.\n\t(3)\tA subsequent owner of an irrigated property is liable to pay to the Minister an amount, or a part of an amount, in respect of that property that has not been paid under subsection (1).\n\t(4)\tA subsequent owner who has paid the whole or part of an amount under subsection (3) is entitled to recover—\n\t(a)\tthe amount paid from the person primarily liable or, if there are two or more such persons, from any one or more of them;\n\t(b)\ta part of the amount paid from his or her co-owner (if any) that is in proportion to the value of their respective interests in the land.\n\t(5)\tA subsequent owner who has paid an amount to his or her co-owner under subsection (4)(b) is entitled to recover that amount from the person primarily liable or, if there are two or more such persons, from any one or more of them.\n\t(6)\tIn this section—\nsubsequent owner of an irrigated property includes a person who has ceased to be an owner of the property.\n56—Notice to persons liable of amount payable\n\t(1)\tThe Minister may serve notice on each person who is primarily liable under section 55 setting out—\n\t(a)\tthe amount, or amounts, payable to the Minister by the person under section 55(1); and\n\t(b)\ta brief statement of the manner in which the amount or amounts was or were determined; and\n\t(c)\tthe amount (if any) by which the amount determined in accordance with the regulations under section 48 has been increased or reduced pursuant to section 49.\n\t(2)\tThe notice must state that the amount, or amounts, may be paid in equal quarterly instalments and must set out the days on or before which each instalment is payable.\n\t(3)\tThe first instalment is payable on or before 1 November of the contribution year or on or before the expiration of the period of 30 days following service of the notice whichever is the later.\n\t(4)\tThe other instalments are payable on or before 1 February, 1 May and 1 August respectively in the contribution year.\n\t(5)\tHowever, despite subsections (2), (3) and (4), the amount, or amounts, payable to the Minister in respect of the 2000/2001 contribution year will be payable in equal instalments on or before the dates fixed by the Minister for the purpose and specified in the notice (the date for payment of the first instalment being not less than 30 days after the date on which the notice is issued).\n57—Interest\n\t(1)\tInterest accrues—\n\t(a)\ton an unpaid instalment; and\n\t(b)\ton unpaid interest,\nin accordance with the regulations.\n\t(2)\tA person who is liable to pay an amount under section 55 is also liable to pay interest that accrues, or has accrued, on or in relation to that amount under this section.\n58—Amount first charge on land\n\t(1)\tAn amount that is unpaid under section 55 and unpaid interest in relation to that amount are a first charge on the land comprising the irrigated property in relation to which the instalment is payable.\n\t(2)\tWhere the whole or part of an irrigation district under the Irrigation Act 1994 comprises part of the Scheme Area and the irrigation authority for the district is to be taken by virtue of section 4(1) to be the owner of the district, a part of an unpaid instalment or interest in relation to the district is a first charge on each irrigated property within the meaning of the Irrigation Act 1994 comprising the district.\n\t(3)\tThe part of an unpaid instalment or interest that is a first charge on an irrigated property referred to in subsection (2) bears the same proportion to the unpaid instalment or interest as the value of the property bears to the aggregate value of all irrigated properties in the irrigation district.\n\t(4)\tIf the owner of an irrigated property that is subject to a first charge referred to in subsection (2) is not liable under another provision of this Division for the amount of the charge, he or she—\n\t(a)\tis liable under this subsection to the Minister for that amount; and\n\t(b)\tis entitled to recover the amount from the person primarily liable.\n59—Sale of land for non-payment\n\t(1)\tWhere an instalment, or interest in relation to an instalment, is a first charge on land under section 58 and has been unpaid for one year or more, the Minister may sell the land.\n\t(2)\tBefore the Minister sells land in pursuance of this section, he or she must serve notice on the owner of the land—\n\t(a)\tstating the period for which the instalment or interest has been in arrears; and\n\t(b)\tstating the total liability for instalments and interest presently outstanding and charged on the land; and\n\t(c)\tstating that if the total amount is not paid in full within one month of service of the notice (or such longer time as the Minister may allow), the Minister intends to sell the land for non-payment of that amount.\n\t(3)\tA copy of a notice must be served on the registered mortgagee or encumbrancee of the land (if any).\n\t(4)\tIf the outstanding amount is not paid in full within the time allowed under subsection (2), the Minister may proceed to sell the land.\n\t(5)\tThe sale will, except in the case of land held from the Crown under a lease, licence or agreement to purchase, be by public auction (and the Minister may set a reserve price for the purposes of the auction).\n\t(6)\tAn auction under this section must be advertised on at least two separate occasions in a newspaper circulating generally throughout the State.\n\t(7)\tIf, before the date of the auction, the outstanding amount and the costs incurred by the Minister in proceeding under this section are paid to the Minister, the Minister must withdraw the land from auction.\n\t(8)\tIf—\n\t(a)\tan auction fails; or\n\t(b)\tthe land is held from the Crown under a lease, licence or agreement to purchase,\nthe Minister may sell the land by private contract for the best price that he or she can reasonably obtain.\n\t(9)\tAny money received by the Minister in respect of the sale of land under this section will be applied as follows:\n\t(a)\tfirstly—in paying the costs of the sale and any other costs incurred in proceeding under this section;\n\t(b)\tsecondly—in discharging the liability to the Minister for the total amount referred to in subsection (2) and any other liabilities to the Crown in respect of the land;\n\t(c)\tthirdly—in discharging any liability to the Crown for rates, charges or taxes (including rates, charges or taxes that are a first charge on the land);\n\t(d)\tfourthly—in discharging any liability to a council under the Local Government Act 1999 for rates or any other liability to a council in respect of the land;\n\t(e)\tfifthly—in discharging any liabilities secured by registered mortgages, encumbrances or charges;\n\t(f)\tsixthly—in discharging any other mortgages, encumbrances and charges of which the Minister has notice;\n\t(g)\tseventhly—in payment to the former owner of the land.\n\t(10)\tIf the former owner cannot be found after making reasonable inquiries as to his or her whereabouts, an amount payable to the former owner must be dealt with in accordance with section 6 of the Unclaimed Money Act 2021 as money the owner of which cannot be found.\n\t(11)\tWhere land is sold by the Minister in pursuance of this section, an instrument of transfer executed by the Minister will operate to vest title to the land in the purchaser.\n\t(12)\tThe title vested in a purchaser under subsection (11) will be free of all mortgages, encumbrances and charges and all leases and licences.\n\t(13)\tAn instrument of transfer passing title to land in pursuance of a sale under this section must, when lodged with the Registrar-General for registration or enrolment, be accompanied by a statutory declaration made by the Minister stating that the requirements of this section in relation to the sale of the land have been observed.\n\t(15)\tIn this section—\nan instalment includes part of an instalment.\n60—Money recovered to be paid to Treasurer\nThe Minister must pay money recovered under this Division to the Treasurer.\n","sortOrder":11},{"sectionNumber":"Part 8","sectionType":"part","heading":"Wells","content":"Part 8—Wells\n61—Activities relating to wells\n\t(1)\tA person must not undertake any of the following activities in the Scheme Area unless authorised to do so by a permit granted by the Trust:\n\t(a)\tdrilling, plugging, backfilling or sealing of a well;\n\t(b)\trepairing, replacing or altering the casing, lining or screen of a well;\n\t(c)\tdraining or discharging water directly or indirectly into a well.\n\t(2)\tThe Trust may undertake any of the activities referred to in subsection (1) without a permit.\n\t(3)\tA person who—\n\t(a)\tcontravenes subsection (1); or\n\t(b)\tcontravenes or fails to comply with a condition to which a permit referred to in subsection (1) is subject,\nis guilty of an offence.\nMaximum penalty: \nwhere the offender is a body corporate—$20 000.\nwhere the offender is a natural person—$10 000.\n62—Permits\n\t(1)\tAn application for a permit must be in a form approved by the Trust and must, if a fee has been prescribed by regulation in relation to the application, be accompanied by the fee.\n\t(2)\tThe applicant must provide the Trust with such information as the Trust reasonably requires to consider the application.\n\t(3)\tSubject to its terms, a permit is binding on and operates for the benefit of the applicant and the owner and occupier of the land to which it relates when it is granted and all subsequent owners and occupiers of the land.\n\t(4)\tA permit is subject to such conditions as are prescribed by this Act or by regulation under this Act or are specified in the permit by the Trust.\n\t(5)\tDepending on its nature, a condition may remain in force after the activity authorised by the permit has been completed or the permit is no longer in force.\n\t(6)\tIt is a condition of a permit to drill, plug, backfill or seal a well or to repair, replace or alter the casing, lining or screen of a well that the work be undertaken by a person who is a licensed well driller or is supervised in carrying out the work by a licensed well driller.\n\t(7)\tIf the Trust is satisfied that the holder of a permit, or a person acting on behalf of the holder of a permit, has contravened or failed to comply with a condition of the permit, the Trust may, by notice served on the holder of the permit, vary, suspend or revoke the permit.\n\t(8)\tWhere the rising level of underground water is—\n\t(a)\tdamaging soil, rock or other structures; or\n\t(b)\tdamaging ecosystems; or\n\t(c)\taffecting the natural drainage of surface water,\nthe Trust or the Minister may revoke a permit to drain or discharge water directly or indirectly into a well that provides access to that underground water.\n\t(9)\tIn any other case, the Trust may vary, suspend or revoke a permit with the consent of the holder of the permit.\n\t(10)\tThe variation or revocation of a permit under this section will be effected by the Trust or the Minister serving notice of the variation or revocation on the holder of the permit.\n\t(11)\tIn this section—\nlicensed well driller has the same meaning as in the Landscape South Australia Act 2019.\n63—Defences\nIt is a defence to prosecution for an offence against section 61(3)(a) or an offence against section 61(3)(b) comprising the failure to use the services of a licensed well driller or a person supervised by a licensed well driller (see section 62(6))—\n\t(a)\tto prove—\n\t(i)\tthat the well had been drilled before the commencement of this Act and had been used both before and after that date solely or predominantly for the purpose of draining or discharging water directly or indirectly into the groundwater mound or the underground water accumulating above the layer of Blanchetown Clay in the Scheme Area; and\n\t(ii)\tthat the annual quantity of water draining or discharging directly or indirectly into the groundwater mound or the underground water accumulating above the layer of Blanchetown Clay has not increased since the commencement of this Act; or\n\t(b)\tto prove that the well is of a class specified by or under Schedule 3; or\n\t(c)\tto prove that the person who carried out the work was the owner of the land on which the well is situated or was the employee of the owner of that land and that—\n\t(i)\tthe well gives access to underground water the surface of which is at atmospheric pressure and the total dissolved salts of which exceed 1 800 milligrams per litre; and\n\t(ii)\tthe work was carried out solely for the purposes of maintenance and did not involve—\n\t(A)\tsubstantial alteration to the casing, lining or screen of the well or the replacement of the casing, lining or screen with a casing, lining or screen of substantially different design or specifications; or\n\t(B)\ta substantial repositioning of the casing, lining or screen; or\n\t(C)\tdeepening the well by more than 1.5 metres; or\n\t(d)\tto prove that—\n\t(i)\tthe work comprising the alleged offence was carried out to prevent or reduce pollution of water in the well and that in the circumstances it was unreasonable to expect the defendant—\n\t(A)\tto have obtained a permit; or\n\t(B)\tto have obtained the services of a licensed well driller; and\n\t(ii)\tthe work was carried out in accordance with the regulations (if any); and\n\t(iii)\tthe Trust was given written notice of the work as soon as practicable after it was completed; or\n\t(e)\tto prove that—\n\t(i)\tthe work comprising the alleged offence was carried out pursuant to a permit issued by the Trust; and\n\t(ii)\tthe work comprising the alleged offence was carried out by or under the supervision of the owner of the land on which the well is situated; and\n\t(iii)\tat the time of the alleged offence the well was not more than 15 metres in depth (or such other depth as may be prescribed by regulation); and\n\t(iv)\tthe work was carried out in accordance with the regulations (if any).\n64—Notice to rectify unauthorised activity\n\t(1)\tWhere a person has—\n\t(a)\tundertaken an activity in contravention of section 61; or\n\t(b)\tcontravened or failed to comply with a condition of a permit,\nthe Trust may serve notice on the owner or occupier of the land on which the activity was undertaken directing him or her to take such action as is specified in the notice to rectify the effects of the activity and to take such other action as the Trust considers necessary or desirable in the circumstances.\n\t(2)\tIf the owner or occupier fails to comply with a notice—\n\t(a)\the or she is guilty of an offence; and\n\t(b)\tthe Trust may enter the land and take the action specified in the notice and such other action as the Trust considers appropriate in the circumstances and the Trust's costs will be a debt due by the owner or occupier to the Trust.\nMaximum penalty: \nwhere the offender is a body corporate—$20 000.\nwhere the offender is a natural person—$10 000.\n65—Right of appeal\n\t(1)\tThe following rights of appeal lie to the ERD Court:\n\t(a)\tan applicant for the grant of a permit under this Part may appeal to the ERD Court against a refusal to grant the permit or the imposition of conditions in relation to the permit;\n\t(b)\tthe holder of a permit may appeal against the variation or revocation of the permit.\n\t(2)\tAn appeal under subsection (1) must be instituted in the manner and form determined by the Court within six weeks of the decision, direction or restriction appealed against or within such further time as the Court considers to be reasonable in the circumstances.\n\t(3)\tAn appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to the appeal).\n\t(4)\tOn an appeal the ERD Court may—\n\t(a)\taffirm or vary the decision, direction or restriction appealed against, or substitute any decision, direction or restriction that should have been made in the first instance; or\n\t(b)\tremit the subject matter of the appeal to the Trust, or the Minister (as the case requires) for further consideration.\n\t(5)\tWhere the Trust has made a decision to vary or revoke a permit, or the Minister has made a decision to revoke a permit, and the Trust, the Minister or the Court is satisfied that an appeal against the decision has been instituted, or is intended, the Trust, the Minister or the Court may suspend the operation of the decision until the determination of the appeal.\n\t(6)\tA suspension granted under subsection (5) by the Trust, the Minister or the Court may be terminated by the Trust, the Minister or the Court (as the case requires) at any time.\n","sortOrder":12},{"sectionNumber":"Part 9","sectionType":"part","heading":"Operation of Part 8 of the Landscape South Australia Act 2019 in the Scheme Area","content":"Part 9—Operation of Part 8 of the Landscape South Australia Act 2019 in the Scheme Area\n66—Exclusion of section 102 of the Landscape South Australia Act 2019\nSection 104(3) of the Landscape South Australia Act 2019 does not apply to, or in relation to, the following activities:\n\t(a)\tthe drilling, plugging, backfilling or sealing of a well; or\n\t(b)\tthe repairing, replacing or altering of the casing, lining or screen of a well; or\n\t(c)\tthe draining or discharging of water directly or indirectly into a well,\nif the well is situated in the Scheme Area.\n67—Problem of disposal of water not to be considered on application for water licence etc\n\t(1)\tDespite the provisions of the Landscape South Australia Act 2019 or the relevant water allocation plan under that Act, the problem of the disposal of water used for irrigation must not be considered by the Minister under that Act when considering—\n\t(a)\tan application for a water licence or a water allocation, or for an increase in a water allocation, under that Act; or\n\t(b)\tan application for the transfer of a water licence, a water access entitlement (or part of a water access entitlement) or a water allocation (or part of a water allocation); or\n\t(c)\tthe use of water under a water allocation,\nif—\n\t(d)\tthe relevant water management authorisations under that Act authorise, or will authorise, the use of the water for irrigation on irrigated land to which a waterlogging and salinity risk management allocation is attached but not on any other land; and\n\t(e)\t(unless the regulations provide otherwise) the land on which the water can be used under the relevant water management authorisations under that Act does not include the category of land having the highest degree of risk; and\n\t(f)\tthe Minister is satisfied that the waterlogging and salinity risk management allocation attached to the land authorises, or will authorise, the use on the land of all the water allocated.\n\t(2)\tWhere a person has made an application referred to in subsection (1) under the Landscape South Australia Act 2019, an assessment under that Act of the effect of allocating additional water must not include an assessment of the problem of disposing of the water used.\n68—Lower levy for certain irrigated properties\nWhen declaring a levy under section 76 of the Landscape South Australia Act 2019 that will be payable in respect of irrigated properties in the Scheme Area that include irrigated land to which a waterlogging and salinity risk management allocation is attached, the Minister under that Act must declare a lower levy payable in respect of those properties (based on the risk management allocation attached to the irrigated land of the property) to recognise the benefits provided by the operation of the Scheme under this Act after taking into account the provisions of the relevant water allocation plan.\n69—Scheme to be acknowledged for levy refund purposes\nWhere—\n\t(a)\tthe relevant regional landscape board is considering an application for a refund under section 87 of the Landscape South Australia Act 2019 from a person in respect of an irrigated property; and\n\t(b)\tentitlement to the refund is based wholly or partly on land management practices that comprise or include the control or management of drainage problems caused by irrigation,\nthe contribution to the Scheme under this Act as measured by the risk management allocation attached to the irrigated land of the property must be taken for the purposes of the application to comprise land management practices adopted by the applicant.\n","sortOrder":13},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"Part 10—Miscellaneous\n70—Inspection of infrastructure etc by Minister\n\t(1)\tThe Minister, or a person authorised by the Minister, may inspect the Scheme infrastructure and the disposal basins at any time during the course of construction and at any time after construction is completed.\n\t(2)\tFor the purposes of an inspection under subsection (1), the Minister or authorised person may—\n\t(a)\tenter any land whether on foot or in a vehicle; and\n\t(b)\tput to any person any question relating to the construction or maintenance of the Scheme infrastructure or the disposal basins; and\n\t(c)\ttake photographs, films or video or audio recordings or make a record in any other manner or by any other means.\n\t(3)\tA person who—\n\t(a)\twithout reasonable excuse hinders or obstructs the Minister or an authorised person engaged in exercising powers under this section; or\n\t(b)\tfails to answer a question put by the Minister or an authorised person to the best of his or her knowledge, information or belief; or\n\t(c)\tuses abusive, threatening or insulting language to the Minister or an authorised person when exercising powers under this section,\nis guilty of an offence.\n\t(4)\tA person is not excused from answering a question when required to do so under this section on the ground that the answer might tend to incriminate the person or make him or her liable to a penalty.\n\t(5)\tHowever, if the person objects to answering the question on that ground, the answer is not admissible against the person in any criminal proceedings other than proceedings for an offence with respect to false or misleading statements.\n\t(6)\tA person entering land under this section must comply with the requirements of section 71.\n71—Entry onto land\n\t(1)\tThe owner or occupier of land that is liable to be entered by the Minister or the Trust, or a person authorised by the Minister or the Trust, under this Act may serve on the Minister or the Trust notice setting out the procedures that must be followed when entering the land in order to reduce the risk of pests or diseases entering the land.\n\t(2)\tThe procedures set out in a notice under subsection (1) come into operation for the purposes of this section at the expiration of seven days after the notice is served on the Minister or the Trust.\n\t(3)\tThe Minister or the Trust must serve a copy of every notice served on the Minister or the Trust under subsection (1) on the person or persons who are for the time being authorised by the Minister or the Trust to enter land under this Act.\n\t(4)\tA person who has notice of procedures referred to in subsection (1) that are in operation and are reasonable and are genuinely intended to reduce the risk of spreading pests or diseases must not enter the land to which the procedures relate pursuant to this Act without following them.\n\t(5)\tA person entering or occupying land under this Act must cause as little inconvenience to other users of the land as is reasonably practicable.\n72—Property in water\nThe underground water pumped by the Trust under this Act is, while the water is in the Scheme infrastructure, the property of the Trust and may be sold by the Trust to any person.\n73—Measurement of water usage\n\t(1)\tWhere an irrigated property includes more than one category of land, the owner or occupier of the property may install an appropriate meter or meters to measure the quantity of water used to irrigate each category of land.\n\t(2)\tThe owner and occupier of land on which a meter has been installed under subsection (1) must maintain the meter in proper working order.\n\t(3)\tThe owner and occupier of an irrigated property must permit a person authorised by the Trust at any reasonable time to—\n\t(a)\tread a meter referred to in subsection (1) or any other meter that measures the quantity of water used on the property;\n\t(b)\tinspect or test a meter referred to in subsection (1).\n\t(4)\tA person must not—\n\t(a)\tremove a meter referred to in subsection (1); or\n\t(b)\tinstall a pipe or any other device that bypasses the meter; or\n\t(c)\talter, interfere with or damage the meter,\nwithout the written permission of the Trust.\n74—Testing of meters\n\t(1)\tIf—\n\t(a)\tthe owner or occupier of an irrigated property requests the Trust to test the accuracy of a meter owned and used by the Trust to measure the quantity of water used to irrigate the property; or\n\t(b)\tthe Trust requests the owner or occupier of an irrigated property to test the accuracy of a meter owned and used by the owner or occupier of the property to measure the quantity of water used to irrigate the property,\nthe Trust or the owner or occupier must arrange for the meter to be tested by a qualified person.\n\t(2)\tIf a test referred to in subsection (1) finds that the inaccuracy of the meter is less than the degree of inaccuracy prescribed by regulation for the purposes of this subsection, the person who requested the test must pay to the owner of the meter the cost of the test.\n75—Estimation by Trust of water usage\nWhere the quantity of water used to irrigate land (whether an irrigated property to which, or to part of which, a risk management allocation is attached or not) is unknown to the Trust—\n\t(a)\tbecause a meter has not been installed to measure the water used on that land; or\n\t(b)\tbecause the Trust is satisfied that the quantity of water as measured by a meter is inaccurate; or\n\t(c)\tbecause the owner or occupier of the land has contravened or failed to comply with a requirement of section 73,\nthe Trust may estimate the quantity used and the quantity estimated will be taken for the purposes of this Act to be the quantity actually used.\n76—Owners and occupiers of land to provide information\n\t(1)\tThe Trust may, by notice served on—\n\t(a)\tthe owner of an irrigated property or any other person who owns land in the Scheme Area; or\n\t(b)\tan occupier of an irrigated property or any other land in the Scheme Area,\nrequest the person on whom the notice is served to provide the Trust with information specified in the notice that the Trust reasonably requires for the purpose of performing its functions or exercising its powers under this Act.\n\t(2)\tA person is only obliged to provide information under subsection (1) that is in his or her possession or under his or her control.\n\t(3)\tA person who fails to comply with a request under subsection (1) is guilty of an offence.\n\t(4)\tA person is not excused from providing information when required to do so under this section on the ground that the information might tend to incriminate the person or make the person liable to a penalty.\n\t(5)\tHowever, if the person objects to providing the information on that ground, the information is not admissible against the person in any criminal proceedings other than proceedings for an offence with respect to false or misleading information.\n77—False or misleading information\nA person must not knowingly make a statement or provide information under this Act that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular).\n78—Service of notices\n\t(1)\tA notice required or authorised by this Act to be served on a person may—\n\t(a)\tbe served on, or given to, the person or an agent of the person; or\n\t(b)\tbe left for the person at his or her place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tbe sent by post to the person or an agent of the person at his or her last known address; or\n\t(d)\tbe sent to the person by facsimile transmission; or\n\t(e)\tbe left in a conspicuous place on the land to which the notice relates.\n\t(2)\tWithout limiting subsection (1), if a notice is to be served on or given to a company or registered body within the meaning of the Corporations Law 2001 of the Commonwealth, the notice may be served on that company or registered body in accordance with section 109X or 601CX of that Act, as the case requires.\n79—Expiry of Act\n\t(1)\tThis Act expires on 30 September 2030.\n\t(2)\tImmediately before the expiration of this Act the assets and rights (including the water disposal easement) and liabilities of the Trust vest in or attach to the Crown.\n80—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may—\n\t(a)\tprovide for the categorisation of land based on the classification under section 33 of the land's degree of risk; and\n\t(b)\tprovide for the measurement or estimation of the quantity of water used to irrigate land; and\n\t(c)\tprescribe, and provide for the recovery of, fees relating to the administration of this Act; and\n\t(d)\tprescribe fines not exceeding $2 500 for contravention of or failure to comply with a regulation.\n\t(3)\tA regulation made under this section or any other provision of this Act may confer discretionary powers.\n","sortOrder":14},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"The Scheme Area","content":"Schedule 1—The Scheme Area\n\n","sortOrder":15},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Waterlogging and salinity risk management allocations","content":"Schedule 2—Waterlogging and salinity risk management allocations\n\nWaterlogging and salinity risk\nmanagement allocations\nWater licence number\n(as at 10 April 2000)\n242*\n263**\n371*\n471**\nLicence numbers which are each followed by a corresponding number of asterisks are each held by related irrigation enterprises.\nSchedule 3—Classes of well in relation to which a permit is not required\n1\tA well that is 2.5 metres or less in depth (or such other depth as may be prescribed by regulation).\n2\tA well—\n\t(a)\tthat is not used to provide a supply of water or to drain water into, or to recharge, an underground aquifer; and\n\t(b)\tin relation to which requirements imposed by or under the Mining Act 1971 or the Petroleum Act 2000 are in force.\n","sortOrder":16},{"sectionNumber":"3","sectionType":"section","heading":"A well of one or more of the following classes if the well is not used to provide a supply of water from the well:","content":"3\tA well of one or more of the following classes if the well is not used to provide a supply of water from the well:\n\t(a)\ta trench for the laying of pipes, cables or other equipment in relation to the supply of water, gas or electricity or the provision of sewerage or drainage;\n\t(b)\ta drain that is under the control of the Commonwealth or State Government or a municipal or district council;\n\t(c)\tan excavation for or in relation to a building or for a swimming pool;\n\t(d)\ta private mine within the meaning of the Mining Act 1971;\n\t(e)\tan excavation drilled for engineering or survey purposes if the excavation is not in a part of the State excluded from the operation of this paragraph by proclamation and the excavation is not more than 15 metres in depth;\n\t(f)\tan excavation for the purposes of a toilet;\n\t(g)\tan excavation (not exceeding 15 metres in depth) for the installation of cathodic protection anodes or the measurement of water pressure.\n4\t(1)\tA well drilled to a depth not exceeding the depth of the water table nearest to the surface for the purpose of obtaining samples of water or other material for scientific research.\n\t(2)\tA well comprising an excavation (not exceeding three metres in depth) for the purposes of conducting an underground test or extracting material for testing.\n5\tA proclamation referred to in this Schedule may be varied or revoked by subsequent proclamation made by the Governor.\nSchedule 4—Transitional provisions\nPart 1—Transitional provisions\n1—Membership of the Trust\n\t(1)\tFrom the commencement of section 5 until the beginning of the 2000/2001 contribution year (the transitional period) Part 2 of the Act applies subject to this clause.\n\t(2)\tDuring the transitional period—\n\t(a)\tthose persons who were immediately before the commencement of section 5 members of the management committee of Qualco-Sunlands District Drainage Incorporated will (subject to resignation) be members of the Trust in addition to any persons who become members pursuant to section 5(2);\n\t(b)\ta person who is a member of the Trust by virtue of paragraph (a) may resign by notice in writing to the Minister and the Minister may appoint any suitable person to fill the vacancy;\n\t(c)\ta quorum for a meeting of the Trust will be determined by dividing the number of members by two, ignoring any fraction and adding one;\n\t(d)\ta resolution of the Trust will be carried if the number of votes supporting the resolution exceeds the number of votes against it (if the number of votes are equal the deadlock will be resolved by the casting vote of the person presiding at the meeting);\n\t(e)\tthe value of votes implied by paragraph (d) cannot be changed by resolution of the Trust.\n2—Permits in respect of wells\nWhere a permit under the Water Resources Act 1997 (the original permit) authorised an activity referred to in section 61 in the Scheme Area immediately before the commencement of that section the following provisions apply:\n\t(a)\tthe Trust will be taken to have granted a permit under section 62 to the holder of the original permit authorising the activity subject to the same conditions as the original permit; and\n\t(b)\tthe original permit will no longer authorise that activity in the Scheme Area.\nLegislative history\nNotes\n\t•\tPlease 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.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nExpiry of Act\nThe Ground Water (Qualco-Sunlands) Control Act 2000 will expire on 30.9.2030: see s 79(1).\nLegislation amended by principal Act\nThe Ground Water (Qualco-Sunlands) Control Act 2000 amended the following:\nIrrigation Act 1994\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\nGround Water (Qualco-Sunlands) Control Act 2000\n3.8.2000\n5.10.2000 (Gazette 5.10.2000 p2328)\nStatutes Amendment (Corporations) Act 2001\n14.6.2001\nPt 17 (ss 77 & 78)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13 July 2001 (Gazette 21.6.2001 p2270)\nNatural Resources Management Act 2004\n5.8.2004\nSch 4 (cl 18(2)—(7))—2.9.2004 (Gazette 2.9.2004 p3545); Sch 4 (cll 13—17, 18(1), (8), 19, 20)—1.7.2005 (Gazette 30.6.2005 p2093) \nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 42 (s 121)—1.6.2007 (Gazette 26.4.2007 p1352)\nNatural Resources Management (Water Resources and Other Matters) Amendment Act 2007\n26.7.2007\nSch 1 (cll 1—3)—1.7.2009 (Gazette 11.6.2009 p2727)\nMurray-Darling Basin Act 2008\n6.11.2008\nSch 1 (cll 4 & 5)—15.12.2008 (Gazette 11.12.2008 p5475)\nReal Property (Electronic Conveyancing) Amendment Act 2016\n16.6.2016\nSch 2—4.7.2016 (Gazette 30.6.2016 p2761)\nLandscape South Australia Act 2019\n21.11.2019\nSch 5 (cll 24 to 32)—1.7.2020 (Gazette 25.6.2020 p3502)\nUnclaimed Money Act 2021\n25.11.2021\nSch 1 (cl 6)—25.11.2023 (s 27(6) Legislation Interpretation Act 2021)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\ndomestic partner\ninserted by 43/2006 s 121(1)\nirrigated land\namended by 34/2004 Sch 4 cl 13(1)\n\namended by 24/2007 Sch 1 cl 1(1)\n\namended by 33/2019 Sch 5 cl 24(1)\nirrigated property\namended by 34/2004 Sch 4 cl 13(2)\n\namended by 24/2007 Sch 1 cl 1(2)\n\namended by 33/2019 Sch 5 cl 24(2)\nMinister for Natural Resources Management\ninserted by 34/2004 Sch 4 cl 13(3)\n\ndeleted by 33/2019 Sch 5 cl 24(3)\nMinister for Primary Industries and Resources\ndeleted by 34/2004 Sch 4 cl 13(3)\nMurray-Darling Basin Agreement\nsubstituted by 41/2008 Sch 1 cl 4\nrelative\namended by 43/2006 s 121(2)\nspouse\ninserted by 43/2006 s 121(3)\nwater licence\namended by 34/2004 Sch 4 cl 13(4)\n\namended by 33/2019 Sch 5 cl 24(4)\ns 3(6)\namended by 34/2004 Sch 4 cl 13(5)\n\namended by 24/2007 Sch 1 cl 1(3), (4)\n\namended by 33/2019 Sch 5 cl 24(5)\nPt 2\n\ns 5\n\ns 5(5)\nsubstituted by 23/2001 s 77\n15.7.2001\nPt 3\n\ns 26\n\ns 26(1) \namended by 41/2008 Sch 1 cl 5\nPt 6\n\ns 40\n\ns 40(4)\namended by 24/2007 Sch 1 cl 2\n\namended by 33/2019 Sch 5 cl 25\ns 43\n\ns 43(7)\namended by 34/2004 Sch 4 cl 14\n\namended by 33/2019 Sch 5 cl 26\nPt 7\n\ns 59\n\ns 59(10)\namended by 45/2021 Sch 1 cl 6\n25.11.2023\ns 59(14)\ndeleted by 29/2016 Sch 2\n4.7.2016\nPt 8\n\ns 62\n\ns 62(11)\n\nlicensed well driller\namended by 34/2004 Sch 4 cl 15\n\namended by 33/2019 Sch 5 cl 27\nPt 9\n\nheading\nsubstituted by 34/2004 Sch 4 cl 16\n\nsubstituted by 33/2019 Sch 5 cl 28\ns 66\namended by 34/2004 Sch 4 cl 17\n\namended by 33/2019 Sch 5 cl 29\ns 67 before substitution by 24/2007\n\ns 67(1)\namended by 34/2004 Sch 4 cl 18(2)—(7)\n\namended by 34/2004 Sch 4 cl 18(1)\ns 67(2)\namended by 34/2004 Sch 4 cl 18(8)\ns 67\nsubstituted by 24/2007 Sch 1 cl 3\ns 67(1)\namended by 33/2019 Sch 5 cl 30(1)\ns 67(2)\namended by 33/2019 Sch 5 cl 30(2)\ns 68\namended by 34/2004 Sch 4 cl 19(1), (2)\n\namended by 33/2019 Sch 5 cl 31\ns 69\namended by 34/2004 Sch 4 cl 20\n\namended by 33/2019 Sch 5 cl 32\nPt 10\n\ns 78\n\ns 78(2)\nsubstituted by 23/2001 s 78\n15.7.2001\nSch 4\n\nPt 2\nomitted under Legislation Revision and Publication Act 2002\nHistorical versions\nReprint No 1—15.7.2001\n\n4.7.2016\n\n","sortOrder":17}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. Only a website error page was provided."},"complexity_factors":["No legislative content was retrievable — the source returned a 404/Page Not Found error","Analysis is impossible without the actual text of the Act","Complexity score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"A South Australian Act (2000) that governs groundwater use and management in the Qualco‑Sunlands irrigation district. It aims to regulate extraction, salinity and drainage practices to protect irrigators’ land, local agriculture and the health of the Murray River system, affecting landowners, water users and managers in that region."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has been materially adjusted since enactment through multiple amendments integrating it with broader water and natural resources laws. Key changes include: a Corporations Act exclusion added in 2001 (s5(5) amendment); amendments implementing Natural Resources Management provisions and definitions (2004), altered allocation rules and transfer/eligibility mechanics (2007 amendments to s40, s43); recognition of Murray‑Darling salinity credits (2008 amendment to s26); and substantial harmonisation and exclusion provisions with the Landscape South Australia Act 2019 (substitutions affecting s33, s40, s66–69 and related definitions from 2019). The Act also includes an express expiry and vesting on 30 September 2030 (s79). These amendments changed who decides, how allocations and levies operate, and how the scheme interoperates with contemporary water licensing and regional planning frameworks."},"complexity_factors":["Dual technical classification and hydrogeological modelling requirements for every irrigated parcel (risk of mound and of water above Blanchetown Clay) with five-year reviews and potential Governor determination (s33).","Creation, attachment and transfer rules for waterlogging and salinity risk management allocations tied to land that operate as usage entitlements and affect water authorisation (s40–45).","Complex funding and cost‑recovery framework: annual joint Minister/Trust budgeting, Treasurer advance payments, statutory recovery from owners/occupiers, adjustments for under/over‑use, first charge on land and power to sell for non‑payment (s46–60).","Discretion and expert technical methodology for computing Government and Trust cost/benefit ratios, including appointment and costing of experts and record‑keeping obligations (s25(1), (6)–(11)).","Detailed overuse accounting across rolling three‑year blocks with dry‑year declarations, notional reductions, and rules for certificates of zero impact that alter charge and overuse computations (s50–53, 36–37).","Operational powers and property rights: compulsory acquisition and vesting of easements, broad entry and works rights, but statutory duties to minimise damage and ministerial approvals for dealings (Part 4, s27, s28–32, s30).","Permit regime for wells with multiple defences, classes exempted by schedule, appeal routes to the ERD Court and Minister/Trust revocation powers (s61–65, Sch 3).","Multiple interlocks with other Acts (notably the Landscape South Australia Act 2019, Murray‑Darling arrangements, Corporations Act references) producing cross‑statutory exclusions and special treatment for licensing, levies and refunds (s66–69; legislative history).","Governance and intervention layers: member voting tied to allocation values, delegation limits and ministerial appointment/removal of an administrator for mismanagement (s8–14, s18).","Enforcement, measurement and estimation rules for water use (metering, testing, Trust estimations) with specified penalties and evidentiary limits (s73–77, s74, s75)."],"plain_english_summary":"Creates the Qualco‑Sunlands Ground Water Control Trust to build, operate and maintain a pumping-and-disposal scheme that manages rising groundwater and salinity in the Qualco‑Sunlands area. It attaches tradable \"risk management allocations\" to irrigated land, recovers scheme costs from owners and occupiers, and regulates wells and easements. It affects irrigated landowners and occupiers (who pay levies and seek allocations or certificates), the Trust, the Minister and the Treasurer because it centralises decisions about classification, permits, charging and enforcement."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":864},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act appears to have maintained its original scope as a targeted salinity and waterlogging management scheme for the Qualco-Sunlands irrigation area. While it has been amended multiple times to update references to successor legislation (particularly the Landscape South Australia Act 2019 replacing earlier natural resources management acts), these are technical updates rather than scope expansion. The 2030 sunset clause remains in place."},"complexity_factors":["47 defined terms in the interpretation section including nested definitions of 'irrigated land', 'irrigated property', and 'associate' with multi-layered relationship tests","Extensive cross-referencing with other Acts including the Landscape South Australia Act 2019, Irrigation Act 1994, Water Act 2007 (Cth), and Corporations Act 2001","Complex voting and quorum mechanisms for the Trust involving both member counts and weighted voting based on risk management allocations","Detailed cost/benefit ratio calculations requiring expert methodology design and periodic review","Multi-layered exception structures for permits, certificates of zero impact, and defences to offences","Intricate funding mechanism involving Treasurer advances, Minister recovery, and adjustable levies with interest and land sale enforcement","Overlapping transitional provisions and multiple amendment histories showing legislative evolution","Conditional logic for irrigation district treatment depending on water allocation status under separate legislation"],"plain_english_summary":"This South Australian Act tackles a serious environmental problem in the Qualco-Sunlands irrigation area near the River Murray. When farmers irrigate their crops, excess water seeps underground and creates a rising \"ground water mound\" — basically a bubble of water underground that pushes salty water up, waterlogging the soil and eventually sending salt into the Murray River.\n\n**What the Act does:**\n\n- **Establishes a Trust** — The Qualco-Sunlands Ground Water Control Trust, a body corporate made up of local irrigators, takes over from a previous drainage organisation. The Trust builds and operates infrastructure (wells, pumps, pipes) to suck excess water out of the ground and dump it into evaporation basins.\n\n- **Creates a \"risk management allocation\" system** — Each irrigator gets an allocation representing how much water they can use while the Trust manages the drainage risk. This allocation is tied to their land and can be transferred between properties under certain rules.\n\n- **Funds the scheme through levies** — Irrigators pay for the scheme's operation and maintenance through charges based on their water use, land category, and risk level. The government also contributes, and the Treasurer advances money that the Minister recovers from landowners.\n\n- **Controls well drilling and water disposal** — Anyone drilling, repairing or using wells in the area needs a permit from the Trust. This prevents people from messing with the groundwater system.\n\n- **Classifies land by risk** — Land is classified as high, medium or low risk for waterlogging and salinity. Higher-risk land faces tighter restrictions.\n\n- **Provides exemptions** — Landowners can apply for a \"certificate of zero impact\" if they can prove their irrigation doesn't contribute to the problem (for example, if they have independent drainage). This gets them out of some charges.\n\n- **Includes enforcement teeth** — Unpaid levies become a first charge on the land (like a mortgage), and the Minister can ultimately sell the property if debts aren't paid. There are also offences for interfering with meters, giving false information, or obstructing inspectors.\n\n**Who it affects:**\n\n- Farmers and irrigators in the Qualco-Sunlands area (roughly near Waikerie in the Riverland)\n- The Trust members (irrigators with risk management allocations)\n- The Minister and various government agencies\n\n**Why it matters:**\n\nSalinity is a massive problem for the Murray-Darling Basin. This Act is a targeted attempt to stop one specific irrigation area from making things worse, using a user-pays model where the irrigators who benefit from drainage also pay for it. It's due to expire in 2030, at which point everything reverts to the Crown."}},"importantCases":[],"_links":{"self":"/api/acts/ground-water-qualco-sunlands-control-act-2000","history":"/api/acts/ground-water-qualco-sunlands-control-act-2000/history","analysis":"/api/acts/ground-water-qualco-sunlands-control-act-2000/analysis","conflicts":"/api/acts/ground-water-qualco-sunlands-control-act-2000/conflicts","importantCases":"/api/acts/ground-water-qualco-sunlands-control-act-2000/important-cases","documents":"/api/acts/ground-water-qualco-sunlands-control-act-2000/documents"}}