South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
5. Interpretation
PART 2--Constitution of the trust
6. Continuance of trust
7. Common seal
8. District of the trust
9. Purposes of trust
PART 3--Members, auditors, and elections
Division 1--Members
10. Members
11. Qualification of members of trust
12. Qualified persons compellable to serve
13. Vacancies
14. Annual retirement of members
15. Chairman not to draw lots
16. Retiring members to hold office until successors appointed
17. Lots to be before notice of nomination
18. Procedure on failure of members to draw lots
19. Vacancies existing at the annual election
20. Retiring member eligible for re-election
21. Chairman's and members' fees
Division 2--Auditors
22. Election and retirement of auditors
23. Qualification of auditors
24. Vacancies in the office of auditor
25. Auditing accounts
26. Balance-sheet to be sent to owners and occupiers
27. Persons to be present at auditing accounts
Division 3--Elections
28. Returning officer
29. Day of nomination
30. Form of nomination, and time for lodging
31. Proceedings on day of nomination
32. Notices of adjournment to be given
33. Procedure on failure of annual election and on extraordinary vacancy
34. Proceedings on supplementary election
35. Notices of adjournment
36. Proceedings in case of failure or avoidance of supplementary election
37. Retirement of persons elected to fill extraordinary vacancies
38. Notice of election
39. Procedure where trust fails to hold election
PART 4--Management of the trust
40. Trust office
41. Election of chairman
42. Secretary
43. Annual meeting
44. Ordinary and special meetings
45. Special meetings
46. Notice of meeting
47. Quorum
48. Chairman
49. Business of trust to be carried on notwithstanding vacancy
50. Proceedings of trust valid notwithstanding defect of appointment etc
51. Inability of secretary etc to perform duties
52. Business falling on Sunday etc
53. Resolutions, how revoked or altered
54. Committees
55. Power to delegate powers to chairman
56. Minutes of meetings
57. Minute books and certified extracts therefrom evidence
PART 5--General powers of the trust
58. Effect of this Act on water rights and correlative obligations
59. Distribution of water by trust
60. Trust may lay pipes for supply to townships
61. Limitation on supply of water to persons other than ratepayers
62. Property in water
63. Irrigation works not taxable
64. Supply of water to persons otherwise not entitled thereto
65. Power of trust to expend moneys for certain purposes
65A. Power to declare non-ratable land
65B. Payments before supplying of water to new land
65C. Power of trust to order method of irrigation
65D. Power of trust to order drainage
65E. Power to construct embankments
66. Procedure on subdivision of land
67. Modes in which trust may make, vary, and discharge contracts
68. Power to compound claims
69. Power to contract with other bodies or persons in certain cases
70. Power to let, manage, and improve property
71. Power to establish superannuation funds etc
72A. Control of subdivision of irrigated land
72B. Power of Trust to acquire land
72C. General powers of trust
72D. Power of trust to construct drains across roads
73. By-laws
74. No by-law to be repugnant to any laws in force
75. By-law not to exempt from proceedings for nuisance
76. Approval of regulations and by-laws
77. Minister may amend or revoke regulations and by-laws
PART 6--Assessments
78. Assessment-book
79. New assessment to be made by assessors
80. Power to adopt previous assessment
81. Persons may have their names removed on change of ownership or occupation
82. Insertion of names in assessment
83. Power to rectify assessment-book
84. Notice of assessment
85. Appeal against assessment
86. Hearing of appeals
87. Time for appealing
88. Production of assessment book
89. Appeals from decision of trust
90. Costs of appeal
PART 7--Rates
91. Rates
92. Declaration of water supply rates
93. Drainage rate
94. Special rate
95. Determination of amount to be raised by rate
96. Determination of area for rating purposes
96A. Record of rates payable and to be paid
97. Receipt and payment of money
98. Person liable to pay rates
99. Twenty-one days' notice to be given before recovery of rates
100. Interest in default of payment of rate
101. Liability of persons appearing in assessment book as owners
102. Rates, how recoverable
103. Procedure when rates in arrear
104. Power to let land for payment of rates
105. Power of sale
106. Transfer to have effect as ordered
107. Properties comprised in different assessments may be included in one application
108. Previous sales validated
109. Notice of application a condition precedent
110. After once offered for sale and unsold, lands may be sold privately
111. Application of proceeds
112. Transfer to purchaser
113. Clerk of local court may act as auctioneer
114. Power to lease property for arrears of rates
PART 9--Loans
122. Power to borrow
123. Provision for grant of loans to trust
123A. Provision for further grant and loans to trust
123B. Provision for further grant for irrigation works and drainage
123BA. Loan for irrigation and water drainage
123BB. Loan for domestic water supply
123BC. Appropriation
123BD. Loan and grant for various purposes
123C. Arrangements for payments to trust
123D. Trust to keep special account
124A. Payment to trust on subdivision of ratable land
PART 10--Sale and leasing of land
Division 1--Renmark Allotment Board
125. Constitution and appointment of allotment board
126. Nomination of members of board
127. Appointment without nomination on failure to nominate
128. Casual vacancies
Division 2--Proceedings and functions of board
129. Defects in appointment not to invalidate proceedings of board
130. Meetings of board
131. Quorum
132. Chairman
133. Who to preside at meetings
134. Member not to sit at meeting to consider application by himself or his partner or relative
135. Allotment in contravention of section 134 void
136. Powers and duties of board
137. Power to require evidence to be upon oath
138. Power to administer oath or affirmation
139. Punishment for perjury before the board
Division 3--Certain land vested in the trust
140. Certain land vested in trust in fee simple
141. Land to be offered for sale
Division 4--Trust may grant leases of certain land
142. Certain land may be leased by trust
Division 5--Allotments of lands by trust
143. Notice of lands offered
144. Simultaneous applications
145. How simultaneous applications to be dealt with
146. Other things being equal, Renmark settler to be preferred
147. Board to report, and successful applicants to be gazetted
148. Power to offer lands not taken
Division 6--Terms and conditions of agreements and leases
149. Agreement to purchase
150. Agreement liable to forfeiture
151. Terms and conditions of lease
PART 11--Ratepayers' meetings, elections, and polls
152. Ratepayers' meetings
153. General provision for voting at ratepayers' meetings
154. General provisions for voting at elections and polls
155. Payment of rates before voting
156. Powers of returning officer
157. What shall be deemed acts of bribery and corruption
158. Any of the above acts to disqualify
159. Principals bound by acts of their agents
160. Acts of bribery and corruption by person not being the authorised agent
161. Penalty on persons receiving or offering reward for voting or withholding vote
162. No action against candidate for costs or expenses of election
163. Provision in the event of impediments of a formal nature
PART 12--Miscellaneous
164. Limitation of liability to make compensation
165. Compensation determined by Land and Valuation Court
166. Procedure and powers of court
168. Incomplete works
169. Principles in awarding compensation
170. One sum may be awarded for all interest affected
171. Trust not liable for accidental failure of supply
172. Free passage to be given to supply water
173. Penalty for illegally diverting water
174. Penalty for destruction of works
175. Penalty for unlawful injury of property
175A. Private works
175B. Connection of private drains
176. Penalty for unlawfully taking water
177. Notification of waters required to be kept free
178. Penalty for nuisance in irrigation area
179. Disqualified person acting as member or auditor
180. Disqualified person to give notice of disqualification
181. Person elected member refusing to act
182. Person elected as member and failing to defend his title to the office
183. Penalty on minors voting at elections or acting as members
184. Shareholder in company which is interested, voting
185. Penalty for obstructing trust, officers etc
186. Persons examined on oath etc making false statement
187. Forgery
188. Persons publishing false statements in Gazette
189. Non-performance of provisions of this Act
190. Penalty for offence against this Act
191. Power to remit fines
192. Conviction not to bar action
193. Service of notices and demands
194. Penalties exclusive of other damages
195. Service of notices and legal proceedings
196. Authentication of documents by the trust
197. Representation of trust in cases of bankruptcy
198. Representation of trust before justices and in local court
199. Reimbursement of officer
200. Powers of entry by officers of trust
201. No writ of quo warranto allowed to try title to any office
202. No mandamus to issue from Supreme Court
203. Proceedings for trying title of member etc
204. Jurisdiction of court
205. Procedure on non-compliance with order
206. Time within which proceedings may be taken
207. Complaints
208. Magistrate not disqualified because a ratepayer
209. Recovery of penalties
211. Prosecution of officers
212. Actions against members
213. Gazette evidence of appointments and elections notified therein
214. Gazette evidence of resolution of trust notified therein
215. Gazette conclusive evidence of proclamation and prima facie evidence of facts stated therein
216. Assessment book and certified copies of or extracts therefrom made evidence
217. Notice of declaration of rate conclusive evidence
218. Ratepayers entitled to signed copy of by-laws on payment of one dollar
219. By-laws, minutes, contracts etc or certified copies, evidence
220. Saving of rules of evidence
221. Limitation of liability of trustee, agent, or attorney
222. Declarations
223. Advertisements to be paid for by trust
224. Preservation of rights
224A. Power to include portions of district in water districts under Waterworks Act
225. Commonage for municipality of Renmark
225A. Power to grant channel land to trust
226. Validation of certain order, proclamation, and leases and agreements for sale and purchase
SCHEDULE 2
SCHEDULE 4
SCHEDULE 5
SCHEDULE 8
SCHEDULE 9--Notice to owners etc
Legislative history