GROUND WATER (QUALCO-SUNLANDS) CONTROL ACT 2000

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Interpretation
• 4 Provisions relating to irrigation districts

PART 2--The Qualco-Sunlands Ground Water Control Trust

Division 1--Establishment of the Trust

• 5 Establishment of the Trust
• 6 Transfer of assets etc of Qualco-Sunlands District Drainage Incorporated to Trust
• 7 Presiding officer and deputy presiding officer of the Trust

Division 2--Meetings of the Trust

• 8 Calling of meetings
• 9 Procedure at meetings of Trust
• 10 Notice of meetings where ownership of property changes
• 11 Voting

Division 3--Board of management, committees and delegation

• 12 Board of management
• 13 Delegation
• 14 Notice of resolution

Division 4--Accounts and audit

• 15 Accounting records to be kept
• 16 Preparation of financial statements
• 17 Accounts etc to be laid before annual general meeting

Division 5--Appointment of administrator

• 18 Appointment of administrator

PART 3--Functions and powers of the Trust

Division 1--Construction and maintenance of the Scheme infrastructure

• 19 Construction of the Scheme infrastructure
• 20 Infrastructure for reuse of underground water
• 21 Maintenance and repair of infrastructure
• 22 Vesting of Scheme infrastructure
• 23 Insurance of Scheme infrastructure

Division 2--Disposal basins

• 24 Provision of disposal basins

Division 3--Operation of the Scheme

• 25 Operation of the Scheme
• 26 Amendment of salinity credits by Trust

Division 4--Powers of the Trust

• 27 Powers of Trust

PART 4--Water disposal easement

• 28 Acquisition of easement
• 29 Rights conferred by easement
• 30 Minimisation of damage etc
• 31 Issue of certificate of title for water disposal easement
• 32 Dealing with easement

PART 5--Impact of irrigation on waterlogging and salinisation

Division 1--Classification of land

• 33 Classification of land in the Scheme Area
• 34 Members of the Trust to be consulted

Division 2--Categories of land

• 35 Categories of land

Division 3--Certificate of zero impact

• 36 Certificate of zero impact
• 37 Variation or termination of certificate
• 38 Appeal to the ERD Court

Division 4--Reducing the impact of irrigation

• 39 Rewards for reducing the impact of irrigation

PART 6--Allocation of the Scheme's risk management capacity

• 40 Waterlogging and salinity risk management allocation
• 41 Application for initial risk management allocation
• 42 Determination of excess capacity
• 43 Request for increase in, or for a new, risk management allocation
• 44 Transfer of risk management allocations
• 45 Agreement with landowner to increase risk management capacity

PART 7--Funding the operation and maintenance of the Scheme

Division 1--Funding the Scheme

• 46 Money required for operation and maintenance
• 47 Payment by the Treasurer
• 48 Recovery of money paid by Treasurer to Trust
• 49 Adjustment of contributions
• 50 Payment in respect of the unauthorised use of water
• 51 Computing overuse of water
• 52 Rules for computing water used where certificate of zero impact applies
• 53 Dry year declarations
• 54 Irrigation declarations

Division 2--Recovery of money from owners and occupiers

• 55 Liability to pay Minister
• 56 Notice to persons liable of amount payable
• 57 Interest
• 58 Amount first charge on land
• 59 Sale of land for non-payment
• 60 Money recovered to be paid to Treasurer

PART 8--Wells

• 61 Activities relating to wells
• 62 Permits
• 63 Defences
• 64 Notice to rectify unauthorised activity
• 65 Right of appeal

PART 9--Operation of Part 8 of the Landscape South Australia Act 2019 in the Scheme Area

• 66 Exclusion of section 102 of the Landscape South Australia Act 2019
• 67 Problem of disposal of water not to be considered on application for water licence etc
• 68 Lower levy for certain irrigated properties
• 69 Scheme to be acknowledged for levy refund purposes

PART 10--Miscellaneous

• 70 Inspection of infrastructure etc by Minister
• 71 Entry onto land
• 72 Property in water
• 73 Measurement of water usage
• 74 Testing of meters
• 75 Estimation by Trust of water usage
• 76 Owners and occupiers of land to provide information
• 77 False or misleading information
• 78 Service of notices
• 79 Expiry of Act
• 80 Regulations
• SCHEDULE 1--The Scheme Area
• SCHEDULE 2--Waterlogging and salinity risk management allocations
• SCHEDULE 3--Classes of well in relation to which a permit is not required
• SCHEDULE 4--Transitional provisions
Legislative history