Irrigation Act.-1922. (3) Whenever in any deed, lease, transfer, mortgage, or other document or instrument of any kind any reference is made to any of the repealed Acts, or to any provision of any of the repealed Acts, such reference shall be read and construed as a reference to this Act, or to the corresponding provision of this Act. PART 1. 6. In this Act, and in leases granted under or continued by this Interpretation. Act, and in proceedings taken under this Act, except where the Cf, ibid., s. 5. context or subject matter requires a different construction- "Advance " means any advance made under this Act or any of the repealed Acts: "By-law" means by-law made under any of the repealed Acts: "Chairman means Chairman of the Irrigation Commission: "Commissioner" means any Irrigation Commissioner appointed under this Act, and includes any Deputy Irrigation Commis sioner: "Embankment means any bank or dyke constructed by the Commissioner of Crown Lands or the Minister of Agriculture and Irrigation under any of the repealed Acts, or by the Commission under this Act, to protect land from inundation by water from any river or the sea, or any inlet or arm of the sea: "Fixed rate means the annual rate of interest fixed by the Treasurer under section 97A of the Irrigation and Reclaimed Lands Act, 1914, or under section 137 of this Act, which was or is in force at the time when the moneys in question were expended or advanced respectively : "Irrigation area means an irrigation area continued by or Minister or "Minister of Irrigation " means the Minister of "Ratable land" means any land situated within an irrigation PART I. PART II. DIVISION I. Irrigation Commission constituted and incorporated. Seal of Commission to be judicially noticed. Membership of Salaries of Commissioners. Commissioners not Irrigation Act.-1922. "Repealed Acts" means the Acts repealed by this Act and the Acts repealed by the Irrigation and Reclaimed Lands Act, 1914: "River Murray "includes any affluent, effluent, ana-branch, or extension of the River Murray, and any river, creek, stream, watercourse, spring, lake, lagoon, swamp, or marsh connected with the River Murray : Surveyor-General" means the Surveyor-General for the State, or the person for the time being discharging the duties of the office of such Surveyor-General. PART II. THE IRRIGATION COMMISSION. DIVISION I.-CONSTITUTION OF THE COMMISSION AND APPOINT- 7. (1) A Commission is hereby constituted for the purposes of this Act. (2) Such Commission shall be a body corporate by the. name of the "Irrigation Commission," and by that name shall have perpetual succession and a common seal. 8. Judicial notice shall be taken of the incorporation and of the common seal of the Commission; 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. 9. (1) The Commission shall consist of three members, to be called Irrigation Commissioners, who shall be appointed from time to time by the Governor. (2) Each Commissioner shall be appointed for a term of five years; and any Commissioner shall, from time to time, at the expiration of his term of office, be eligible for re-appointment for a further term of five years. 10. (1) The Commissioners shall be paid such salaries as are fixed by the Governor from time to time, and such salaries shall be paid to the Commissioners by the Treasurer out of the General Revenue on the warrant of the Governor, which warrant the Governor is hereby authorised and required to issue from time to time. (2) The Governor shall fix each Commissioner's salary before or at the time of his appointment, and such salary so fixed shall not be diminished during the term for which he was appointed. 11. Notwithstanding anything in the Public Service Act, 1916, or Public Service Act, any other Act, the Commissioners shall not, in respect of their to be subject to 916. offices Irrigation Act.-1922. offices as such Commissioners, be officers in the Public Service of the State: Provided that any Commissioner who, immediately before the date of his appointment as Commissioner was an officer of the Public Service, shall (a) whilst he is a Commissioner or upon ceasing to be a Commissioner, be as eligible, on the recommendation of the Public Service Commissioner, to be appointed to an office in the Public Service as if his service as a Commissioner were service as an officer in the said Public Service; and (b) whilst he is a Commissioner shall be as eligible to continue to be a subscriber to the Public Service Superannuation Fund as if his service as a Commissioner were service as an officer in the said Public Service. PART II. DIVISION I. 12. (1) The Governor may, at any time, dismiss any Commissioner Dismissal from from his office- (a) for misbehaviour or incompetence; or (b) if he is adjudicated insolvent, or makes a statutory assignment for the benefit of his creditors, or compounds with his creditors for less than Twenty Shillings in the Pound; or (c) if he wilfully absents himself from his duty for a period of fourteen consecutive days, except on leave granted by the Governor; or (d) if he becomes in any way, except as a Commissioner, concerned or interested in any contract made by or on behalf of the Commission, or in any way participates or claims to be entitled to participate in the profits thereof, or in any benefit or emolument arising therefrom: Provided that this subdivision shall not apply in the case of a contract with an incorporated company of at least twenty members, of whom a Commissioner is one, unless he votes on some question relating to such contract. (2) Except as provided by subsection (1) of this section, no Commissioner shall be dismissed from his office during the term thereof unless an address praying for his dismissal is presented to the Governor from both Houses of Parliament in one session, or from one House in one session and from the other House in the next session. (3) If a Commissioner becomes a member of the Executive Council or of either House of the Parliament of the State or of the Commonwealth, he shall thereupon cease to hold office as a Commissioner. 13. The Governor may appoint one of the Commissioners to be the Chairman of the Commission, and another to be the Deputy Chairman of the Commission, and whenever a vacancy occurs in the office of Chairman or Deputy Chairman, may appoint one of the Commissioners to fill the vacancy. 14. (1) The office. Chairman and PART II. DIVISION I. Leave of absence and Deputy Commissioners. Quorum. Chairman to preside and have a deliberative vote only. Acts of Commission not invalidated by vacancy. DIVISION II. Commission to Irrigation Act.-1922. 14. (1) The Governor may, for any reason he thinks fit, grant any Commissioner leave of absence for such period, and on such terms and conditions, as he thinks proper, and may appoint some person to be a Deputy Commissioner during such leave of absence, or, if there is a vacancy in the office of a Commissioner, until the vacancy is filled. (2) Every Deputy Commissioner so appointed shall, until his appointment is terminated by notice in the Government Gazette, have all the powers and perform all the duties of a Commissioner. (3) No person shall hold the office of Deputy Commissioner for a longer period than six months at any one time without reappoint ment. 15. Any two Commissioners shall constitute a quorum of the Commission. 16. (1) At all meetings of the Commission the Chairman, or in his absence the Deputy Chairman, shall preside. (2) The Chairman or Deputy Chairman so presiding shall have a deliberative vote only. 17. No act or proceeding of the Commission shall be invalid or be prejudiced by reason only of the fact that, at the time when such act or proceeding is done, taken, or commenced, there is a vacancy in the office of any Commissioner. DIVISION II.-GENERAL POWERS, DUTIES, AND FUNCTIONS OF 18. (1) The Commission is hereby charged with the duty of subject to control of carrying this Act into execution. administer Act Minister as to moneys to be expended. (2) All the powers conferred by this Act upon the Commission shall be exercised when, where, and in such manner as the ComCf. 1178, 1914, s. 6. mission thinks fit, unless otherwise expressly provided. Transfer to Com rights, &c. (3) The moneys required to be expended for the purposes of this Act (other than Part VI. of this Act) shall be expended by the Commission subject to the control of the Minister of Irrigation. (4) The Commission shall be responsible to the Governor for the discharge of its powers, duties; and functions under this Act. 19. (1) All property, both real and personal, including all works for mission of property, the irrigation of land or the reclamation of swamp lands, which at the commencement of this Act is vested in the Minister of Irrigation or the Director of Irrigation, is hereby transferred to and vested in the Commission. (2) All the powers, immunities, rights, interests, titles, privileges, functions, authorities, obligations, liabilities, and duties of the Minister of Irrigation, of the Director of Irrigation, or of any Irrigation Board arising under any of the repealed Acts, or under any other Act passed before the commencement of this Act, or under any document or instrument of any kind whatsoever in force or Irrigation Act.-1922. or subsisting at such commencement, whether arising before or after such commencement, are hereby transferred to the Commission. (3) This section shall not apply to or in respect of the power of the Minister of Irrigation to grant leases in his name. PART II. DIVISION II. amendment of 20. In any deed, lease, agreement, licence, permit, transfer, mort- Consequential gage, or other document or instrument of any kind whatsoever in force documents and or subsisting at the commencement of this Act, which concerns or instruments. affects any of the property, matters or things transferred by section 19 to the Commission, and in any Act passed before the commencement of this Act, all references to the Minister of Irrigation, the Director of Irrigation, or any Irrigation Board shall, so far as they concern or affect any property, matter, or thing so transferred, be read and construed as references to the Commission. construction to be 21. (1) The construction of any works which, at the commence- Works in course of ment of this Act, are in course of construction by or for the Depart- completed by ment of Irrigation and Reclamation Works or the Minister of Commission. Irrigation, shall be continued and carried on by or for the Commission; and all moneys appropriated by Parliament for the construction of any such works and unexpended at the commencement of this Act shall be expended by the Commission, subject to the provisions of this Act. (2) Without in any way limiting the operation of section 20, Saving of contracts. all contracts, deeds, agreements, and other instruments entered into or made and subsisting at the commencement of this Act with regard to any such works, and to which the Minister of Irrigation or the Director of Irrigation is a party, may be enforced by or against the Commission as fully and effectually as if the Commission instead of the Minister of Irrigation or the Director of Irrigation had been a party thereto. investigate and 22. (1) It shall be the duty of the Commission forthwith upon Commission to the commencement of this Act to inquire into and report upon. the following matters: (a) Complaints made in writing to the Commission with regard Provided that if any member of the Commission was, at the passing member report. |