Part 3Functions and powers of the Trust

Part 3—Functions and powers of the Trust Division 1—Construction and maintenance of the Scheme infrastructure 19—Construction of the Scheme infrastructure (1) Subject 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. (2) The infrastructure must be constructed in accordance with specifications determined or approved by the Minister as to— (a) depth, size and capacity; and (b) quality of materials and equipment; and (c) design and method of construction; and (d) such other matters as the Minister thinks fit. (3) The Trust is only required to comply with this section if it receives adequate Government funding to do so. (4) The 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. 20—Infrastructure for reuse of underground water The Trust may purchase or construct such infrastructure as it requires to enable the reuse of underground water for irrigation. 21—Maintenance and repair of infrastructure The Trust must maintain and repair the Scheme infrastructure so that it is capable of operating efficiently at all times. 22—Vesting of Scheme infrastructure (1) The Scheme infrastructure is vested in the Trust. (2) Subsection (1) does not preclude the Trust from transferring or otherwise dealing in the Scheme infrastructure. 23—Insurance of Scheme infrastructure (1) The Trust must, to the extent that it is reasonably practicable to do so, insure the Scheme infrastructure against— (a) risks that a normally prudent person would insure against; and (b) risks that are prescribed by regulation. (2) The insurance must, if possible, be for the full cost of replacing the Scheme infrastructure with new materials and equipment. (3) The Trust must, to the extent that it is reasonably practicable to do so, insure itself against— (a) risks that a normally prudent person would insure against; and (b) risks that are prescribed by regulation. Division 2—Disposal basins 24—Provision of disposal basins The Minister will provide, or arrange for the provision of, one or more disposal basins connected to the Scheme infrastructure having a collective capacity— (a) to accept water from the Scheme infrastructure at the rate of 100 litres per second; and (b) that 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. Division 3—Operation of the Scheme 25—Operation of the Scheme (1) The 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. (2) The 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. (3) Except 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. (4) Any 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. (5) The 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. (6) The 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. (7) The 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). (8) The methodologies must be reviewed from time to time at the request of the Minister or the Trust by an expert appointed by them. (9) If the Minister and the Trust cannot agree on the appointment of an expert under this section, the appointment will be made by the Governor. (10) The 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. (11) The 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. 26—Amendment of salinity credits by Trust (1) Subject 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. (2) An agreement under subsection (1) can not be made without the approval of the Minister. (3) The 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. Division 4—Powers of the Trust 27—Powers of Trust (1) The Trust has all powers necessary for or incidental to the construction, maintenance, purchase and operation of the Scheme infrastructure in accordance with this Act. (2) Without limiting subsection (1), the Trust may— (a) enter 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); (b) drill wells; (c) lay pipes above or below ground; (d) construct pumping stations and install and operate pumps and other equipment; (e) construct or erect embankments, roads, buildings, structures or any other works; (f) construct electricity transmission lines; (g) excavate trenches; (h) inspect, clean, maintain, repair, alter, renew or replace any well, pipe, pumping station or other component forming part of the Scheme infrastructure; (i) clear any well, pipe, pumping station, or other component forming part of the Scheme infrastructure; (j) inspect, examine or survey land in connection with the planning, design or construction of the Scheme infrastructure and for that purpose the Trust may— (i) fix posts, stakes or other markers on the land; (ii) dig trenches or sink test holes on the land to determine the nature of the top soil and underlying strata; (iii) remove samples of any material from the land for analysis; (k) with the written approval of the Minister, purchase, sell or deal in any other manner with salinity credits recognised under the Murray-Darling Basin Agreement; (l) with the written approval of the Minister, transfer, mortgage, lease or otherwise deal with the Scheme infrastructure and the other property of the Trust; (m) with the written approval of the Treasurer, borrow money or obtain any other form of financial accommodation. (3) A person entering land under this section must comply with the requirements of section 71. (4) The 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.