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Short title.


Arrangement of Act.

Pyap Irrigation Trust Act. 1923.

of the said blocks : AND WHEREAS it is desirable that such Irrigation Trust be created, with such powers, rights, privileges, authorities duties, and obligations as are hereinafter set out-

Be it therefore Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:


1. This Act may be cited as the "Pyap Irrigation Trust Act, 1923."


2. In this Act, unless some other meaning is clearly intended--Company means Pyap Proprietary, Limited, a Company incorporated in the State of Victoria and registered in South Australia under Part VIII. of the Companies Act, 1892: "Drains" or "Channels" means and includes all irrigation pipes and the main irrigation channels on the fifty feet, eighty feet, and one hundred feet levels shown in the plan referred to in the first schedule and therein colored blue or any part thereof and such other channel drain pipe or watercourse as may from time to time be determined by the Trust but does not include any subsidiary drain or channel unless so determined:

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Irrigation work" includes any machinery or plant and any part thereof, and any drain or channel and any part thereof, for the time being used for the purpose of, or in connection with the supplying of water to the Settlement :

Lessee" includes, as well as the original lessee of any block in the Settlement, the transferee of the lease of any such lessee and the executors or administrators and the assigns of such lessee or transferee :

Member" means member of the Trust:

Minister" means the Minister of Irrigation for the time being: "Person" includes a company:

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Ratable land" means any planted and irrigated land situated within the Settlement:

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Settlement means the land specified in the First Schedule :

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Trust means the Pyap Irrigation Trust constituted by this

3. This Act is divided into Parts, as follows:-

PART I.-Preliminary.

PART II.-Pуap Irrigation Trust.

PART III. Meetings of the Trust.

PART IV.-General Purposes and Functions of the Trust.

PART V.-Miscellaneous Provisions.



Pyap Irrigation Trust Act.-1923.




4. (1) A Trust is hereby constituted for the purposes of this Act. Pyap Irrigation

(2) Such Trust shall be a body corporate by the name of the Pyap Irrigation Trust," and by that name shall have perpetual succession and a common seal; and by such name shall be capable of suing and of being sued, and of being a party to arbitration, and of purchasing, holding and alienating land, and of doing and suffering all other such acts and things as bodies corporate may by law do and suffer.

Trust constituted

and incorporated.


5. The Trust shall, subject to the Control of Waters Act, 1919, Trust to control have control over the irrigation of the area mentioned in the First Schedule hereto.

6. (1) The corporate name of the Trust shall be part of the Common Seal of the common seal of the Trust.

(2) Judicial notice shall be taken of the incorporation and of the common seal of the Trust; and the production of any deed, instrument or writing, if sealed with the said seal, shall be sufficient evidence of the due making and execution of such deed, instrument, or writing.

(3) The common seal of the Trust shall be kept at the Trust's office.


7. The Trust shall consist of all persons who are for the time Membership of being lessees of land within the Settlement.





8. The Trust shall have and maintain a suitable office within the The Trust office. Settlement for transacting the business of the Trust.

Cf. 1182, 1914, s. 82.

8. 55.

9. (1) At the first meeting of the Trust, and at every annual meet- Election of chairman ing, the members present shall elect a chairman from among them; Cf. Renmark Irriga and if there is an equal number of votes for two or more members tion Trust Act, 1893, having the largest number of votes the person to act as chairman shall be chosen by lot between those members having the equality of votes; but the omission to elect a chairman shall not prevent the Trust from making such appointment at any future meeting.

(2) The Chairman may resign his office at any time; and any vacancy in the office of Chairman may be filled up at any meeting of the Trust.

10. The


Secretary and Water Master to be appointed.

Cf. ibid., s. 56.

Annual meeting to be held in July. Cf. ibid., s. 57.

Ordinary and special meetings.

Cf. ibid,. s. 58.

Special meetings.
Cf. ibid., s. 59.

Five days' notice of meeting.

Cf. ibid., s. 60.


Cf. ibid., s. 61.

Adjournment where no quorum,

Companies and joint holders.

Pyap Irrigation Trust Act.-1923.

10. The Trust shall appoint a male person of full age who is not the Chairman or an Auditor to be Secretary to the Trust; but any other person appointed as hereinafter provided may perform the duties of such Secretary in his absence. The Trust shall also appoint a Water Master with such powers and duties and upon such terms and conditions as the Trust may from time to time determine.

11. An annual meeting of the Trust shall be held in the month of July next after the passing of this Act and in the month of July in every succeeding year, at the Trust's office, on such day and at such hour as the Trust determines from time to time.

12. (1) Ordinary meetings of the Trust shall be held at the Trust's office at such times, not being less than one in each month, as the Trust from time to time determines; and special meetings may be held at any time and at any place within the Settlement.

(2) Any meeting may be adjourned to any time and to any place, within the Settlement, and any business required to be done at an annual or ordinary meeting may be done at a special meeting.

13. (1) A special meeting may be called by the Chairman at any time and on the requisition in writing of any three members it shall be his duty to call such meeting.

(2) If the Chairman refuses or for two clear days fails to call such meeting, upon such requisition any three members may call such meeting by public notice, signed by them, and stating the object of such meeting and the time and place of holding the same.

(3) In this section "public notice " means notice published in a newspaper circulating in the Settlement and posted up outside the Trust's office.

14. Five days' notice of every meeting signed by the Secretary, shall be delivered or sent by post to every member at his last known address, informing him of the time and place of meeting.

15. (1) At all meetings of the Trust any three members shall form a quorum.

(2) Any meeting at which there is no quorum shall, at the expiration of half an hour from the time fixed for such meeting, be adjourned to the same hour on the same day of the week next following, and any business which could have been transacted at such meeting may be transacted at the adjourned meeting.

16. A company being a member of the Trust may attend meetings and vote by its secretary or other person duly authorised under its Common Seal. Joint holders of land in the settlement being members

Pyap Irrigation Trust Act.-1923.

members of the Trust may attend meetings, but only the holder whose name stands first on the Irrigation Rate Assessment Book shall be deemed to be a member for the purpose of voting or forming a quorum.


17. At every meeting of the Trust the Chairman or, in his absence, Who is to vote and such member as the members assembled choose to preside, shall his right to vote. preside, and shall have a deliberative vote, and, in case of equality of votes, a casting vote.

Cf. ibid., s. 62.

secretary, &c., to Chairman of Trust may appoint another Cf. ibid., s. 65.

perform duties,

18. If in consequence of death, absence, or any lawful impediment, In case of inability of it is impossible or inconvenient for the Secretary or any member or other person to perform any particular matter or thing which by this Act he is required to perform, the Chairman, or, if for the like reason it is impossible or inconvenient for the Chairman, the Trust may perform the matter or thing, or appoint some member or other person to perform it.

person to do so.

19. If the day for any meeting or adjourned meeting, or for any Business falling on business or thing required by this Act to be held or done, falls on a Sunday, &c. Sunday, Good Friday, Christmas Day, or public holiday, such Cf. ibid., s. 66. meeting shall be held or business or thing done on the third business day after the day on which it fell.

Cf. ibid., s. 67.

20. No resolution passed at any meeting of the Trust shall be Resolutions how revoked or altered at any subsequent meeting, unless written notice revoked or altered. of an intention to propose such revocation or alteration is given or posted to each of the members seven days at least before holding the meeting; nor unless such revocation or alteration is determined upon by a majority consisting of at least two-thirds of the members present at such subsequent meeting if the number of members present at such subsequent meeting is not greater than the number present when such resolution was come to, or, by a majority if the number of members present at such subsequent meeting is greater than the number present at such former meeting.

21. (1) The Trust may appoint a committee or committees of Power to appoint their members, and may delegate to any such committee such of committees. their powers and duties under this Act as they think fit.

Cf. ibid., s. 68.

(2) The Trust may from time to time make such regulations as Regulations. they think fit for the guidance of a committee, and may from time to time remove any members of the committee and appoint, in the stead of any of them, other members of the Trust.

(3) The proceedings of a committee shall, unless otherwise ordered Proceedings to by the Trust, require the approval of the Trust.

require approval.


(4) In no case shall a committee be authorised to declare any Proceedings of rate; and no expenditure or payment or contract to expend or pay any sum of money exceeding Twenty Pounds, made by a committee, shall be lawful or valid unless such expenditure, payment, or contract is afterwards approved or ratified by the Trust.




Trust may delegate powers to Chairman. Cf. ibid., s. 69.

Minutes of meeting.
Cf. ibid., s. 70.

Minute books and certified extracts

Cf. ibid., s. 71.

Pyap Irrigation Trust Act.-1923.

(5) A committee appointed under this Act may (subject to regulations of the Trust) meet from time to time and adjourn as they think fit, but no business shall be transacted at any meeting of such committee unless at least three members are present.

(6) At the first meeting of any committee one of its members shall be appointed chairman of the committee, and all questions in committee shall be determined by a majority of votes of the members present; and the chairman shall have a deliberative vote, and in case of equality of votes, a casting vote. The Chairman of the Trust shall be ex officio a member of every committee.

22. The Trust may delegate all or any of its powers to the Chairman, with such restrictions and limitations (if any) as the Trust may think proper.

23. (1) The Trust shall cause minutes of all the meetings of the Trust, and of every committee thereof, and of the proceedings thereat, with the names of the members who attend at each meeting, and the names of all members voting on any question for the decision of which a division is called, to be duly made in books provided for the purpose, and to be kept by the Secretary, under the superintendence of the Trust.

(2) The minutes of every Trust meeting and of every meeting of a committee, until a report is agreed upon, shall be put for confirmation to the next succeeding meeting, or, if that is omitted, to some subsequent meeting, and, if found correct, shall be signed by the chairman of the meeting at which the same are confirmed, or if he refuses or neglects to sign for seven days after such meeting, then by any two members present and entitled to vote at such meeting; and the minutes of a committee meeting at which a report is agreed to shall, if found correct, be signed at such meeting or some adjournment thereof by the chairman thereof.

24. (1) Every minute purporting to be such minute as aforesaid therefrom evidence, and to be so signed, or a copy of or extract from any such minute purporting to be attested by the seal of the Trust and signed by the Secretary, shall be received as evidence in all Courts and by all Judges, bodies corporate and unincorporate, and persons without proof that the meeting to which the same refers was duly convened or held, or that the persons attending thereat were members of the Trust or committee, or of the signature of the chairman or members, or of the fact of his having been such chairman, or of their having been members entitled to sign such minutes, or of the affixing of the seal or of the signature of the Secretary; but all such matters shall be presumed until the contrary is proved.

(2) All such books shall, at all reasonable times, be open to the inspection of any member and of any creditor of the Trust, who may take copies of the same at all reasonable times on payment of One Shilling to the Secretary.


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