Part 5Impact of irrigation on waterlogging and salinisation

Part 5—Impact of irrigation on waterlogging and salinisation Division 1—Classification of land 33—Classification of land in the Scheme Area (1) The 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. (2) The land must be classified twice under this section in respect of the risk of waterlogging or salinisation caused by— (a) firstly—the rising level of the ground water mound; and (b) secondly—the rising level of underground water accumulating above the layer of Blanchetown Clay in the Scheme Area. (3) If 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. (4) The Minister and the Trust, on the application of— (a) the owner of an irrigated property who proposes irrigating part of the property that is unclassified; or (b) the 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, must classify in accordance with this section that part of the land that will be irrigated. (5) The classification of land under this section must be— (a) based on such information as the Minister and the Trust (or the Governor acting under subsection (9)) thinks is relevant; and (b) in accordance with a hydrogeological model approved by the Minister and the Trust. (6) The 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). (7) If 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. (8) The Minister and the Trust— (a) may 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 (b) must, 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 (c) must review the classification of all land classified under this section at intervals of not more than 5 years; and (d) may vary the classification of land under this section following a review under paragraph (b) or (c). (9) If the Minister and the Trust cannot reach agreement as to— (a) the approval of a variation to the hydrogeological model or the approval of a different model in substitution for the previous model; or (b) the classification, or variation of the classification, of land under this section, the Minister may refer the matter to the Governor for determination. (10) On— (a) the initial classification of land under this section; or (b) the classification of land following the prescription of degrees of risk by regulation under subsection (3); or (c) the classification of previously unclassified land under subsection (4); or (d) the variation of the classification of land under subsection (8)(d), the 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. 34—Members of the Trust to be consulted (1) Before 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. (2) The notice must provide a period of at least 28 days within which the owner may make submissions. (3) Before 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. (4) Where 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. Division 2—Categories of land 35—Categories of land (1) The regulations may prescribe categories of irrigated land based on the classification of that land under Division 1. (2) The 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. Division 3—Certificate of zero impact 36—Certificate of zero impact (1) Subject 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— (a) waterlogging or salinisation of the land or any neighbouring land; and (b) the salinity levels in the River Murray. (2) Where— (a) the land comprises part of an irrigation district under the Irrigation Act 1994; and (b) the irrigation authority for the district under that Act is not a member of the Trust under this Act, the application can only be made with the written approval of the irrigation authority. (3) The application must— (a) be made in the manner, and be accompanied by the information, required by the Minister; and (b) be accompanied by the fee prescribed by regulation. (4) The Minister may grant a certificate of zero impact if he or she is satisfied— (a) that 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— (i) because the land is adequately drained by a system that is independent of the Scheme infrastructure; or (ii) because the only water used for irrigation is taken from underground water accumulated above the layer of Blanchetown Clay in the Scheme Area; or (iii) for any other reason; and (b) that the Scheme does not improve the use of the land for the purposes of primary production in any way. (5) Before granting a certificate, the Minister must consult the Trust and take into account the Trust's views. (6) The Minister may grant a certificate— (a) for such term as he or she thinks fit; and (b) subject to such terms, conditions and limitations as he or she thinks fit. (7) Without limiting subsection (6), a certificate may— (a) limit the quantity of water that may be used to irrigate the land; and (b) specify the method or methods that may be used to irrigate the land; and (c) include requirements relating to the maintenance, repair and replacement of the drainage system for the land; and (d) require 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 (e) require the owner and occupier of the land to permit the Minister, or a person authorised by the Minister, to— (i) inspect the land; and (ii) inspect the irrigation and drainage systems on the land; and (iii) read meters; and (iv) do 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 (f) require 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). 37—Variation or termination of certificate (1) The Minister may vary or terminate a certificate of zero impact at any time if— (a) the 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 (b) the 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. (2) The 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. (3) The notice must set out detailed particulars of the Minister's reasons for the variation or termination of the certificate. 38—Appeal to the ERD Court (1) Where on an application for a certificate under section 36— (a) the Minister refuses the application; or (b) the applicant is dissatisfied with the terms, conditions or limitations of the certificate, the applicant may appeal to the ERD Court within 30 days after receiving notice of the decision. (2) The 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. (3) An appeal under this section must be instituted in a manner and form determined by the Court. (4) An 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). (5) On hearing an appeal, the Court may— (a) affirm or vary the decision appealed against or substitute any decision that should have been made in the first instance; or (b) remit the subject matter of the appeal to the Minister for further consideration. (6) If 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. (7) The Court may terminate a suspension under subsection (6) at any time. Division 4—Reducing the impact of irrigation 39—Rewards for reducing the impact of irrigation (1) The 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— (a) waterlogging or salinisation of the land comprising the property or any other land; or (b) salinity levels in the River Murray; or (c) both of those problems. (2) Without limiting the power to make regulations establishing a scheme under subsection (1), regulations made for that purpose may— (a) exempt 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; (b) provide for appeals to the ERD Court in relation to the operation of the scheme.