Div 1Establishment of the Trust

Division 1—Establishment of the Trust 5—Establishment of the Trust (1) The Qualco-Sunlands Ground Water Control Trust is established. (2) The members of the Trust are the owners for the time being of irrigated properties to which, or to a part of which, a waterlogging and salinity risk management allocation is attached under this Act (if section 4(1) applies to an irrigation authority, the authority is a member of the Trust). (3) The Trust— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) can sue and be sued in its corporate name; and (d) holds its property on behalf of the Crown; and (e) has the functions assigned to, or conferred on, it by or under this or any other Act; and (f) has all the powers of a natural person in addition to the powers conferred on it by this or any other Act. (4) Where a document appears to bear the common seal of the Trust, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Trust. (5) The following matters are declared to be excluded matters for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies: (a) the Trust; (b) an act or omission of any person, body or other entity in relation to the Trust. 6—Transfer of assets etc of Qualco-Sunlands District Drainage Incorporated to Trust (1) On the commencement of this section, the property and rights of Qualco-Sunlands District Drainage Incorporated comprising or related to the Scheme infrastructure are divested from that body and vest in the Trust. (2) On the commencement of this section, the liabilities of Qualco-Sunlands District Drainage Incorporated incurred under contracts for or in relation to the construction of the Scheme infrastructure cease to be liabilities of that body and become liabilities of the Trust. (3) The persons who were, immediately before the commencement of this section, employed by Qualco-Sunlands District Drainage Incorporated will, at the commencement of this section, be taken to be employed (and to have been employed since the commencement of their employment with Qualco-Sunlands District Drainage Incorporated) by the Trust on the terms and conditions of their employment by Qualco-Sunlands District Drainage Incorporated. 7—Presiding officer and deputy presiding officer of the Trust (1) Subject to subsections (2) and (3), the first presiding officer and deputy presiding officer of the Trust will be the persons who were, immediately before the commencement of this section, the chairman and deputy chairman of Qualco-Sunlands District Drainage Incorporated. (2) The presiding officer and deputy presiding officer of the Trust must be members of the Trust. (3) A resolution passed at a general meeting of the Trust— (a) may remove a person from the office of presiding officer or deputy presiding officer of the Trust; and (b) may appoint to the office of presiding officer or deputy presiding officer any member of the Trust. (4) The deputy presiding officer may act in the absence of the presiding officer or during a vacancy in the office of presiding officer.