Part 1 Irrigation corporations
This Part applies to all irrigation corporations under the former Irrigation Corporations Act 1994 that were in existence immediately before the repeal of that Act, but does not authorise the establishment of any new irrigation corporations.
In this Part:area of operations of an irrigation corporation means the area of land comprising the areas and districts specified in Schedule 1 in relation to the corporation, being areas and districts constituted under the former Irrigation Act 1912 and Part 6 of the former Water Act 1912, including any land included in its area of operations under Division 4 but excluding any land excluded from its area of operations under Division 5 of this Part.
irrigation corporation means a corporation named in Schedule 1.
operating licence means an operating licence referred to in section 122.
118 Requirements for access licences and approvals
Nothing in this Part authorises an irrigation corporation or landholder to do anything for which this Act requires an access licence or approval unless the irrigation corporation or landholder holds an appropriate access licence or approval.
Division 2 Irrigation corporations
119 Assets of irrigation corporations
(1) An irrigation corporation is the owner of all water management works installed in or on land by the corporation (whether or not the land is owned by the corporation).(2) The provisions of Part 5 and section 88 of the Irrigation Corporations Act 1994, as in force immediately before their repeal, continue to apply for the purpose of enabling the Ministerial Corporation to transfer to an irrigation corporation any of its assets, rights and liabilities with respect to an irrigation scheme area with which the irrigation corporation was formerly connected.
(1) An irrigation corporation may, by its employees and agents, enter land within its area of operations for any one or more of the following purposes:(a) to install, operate, repair, replace, maintain, remove, extend, expand, connect, disconnect, improve or do any other things that the corporation considers are necessary or appropriate to any of its water management works or to construct new water management works and, for these purposes, to carry out any work on, below or above the surface of the land,(b) to read a meter that:(i) measures water supplied by the corporation, or(ii) monitors drainage for quantity or quality or both,(c) to find the source of pollution of water within the area of operations of the corporation,(d) to ascertain whether a water supply contract or other contract for the provision of services by the corporation is being breached,(e) to rectify defective or improper work that has not been rectified by a customer in accordance with a notice served by the corporation on the customer under a water supply contract or other contract,(f) to ascertain the character and condition of the land or any building on the land, or the condition and location of any pipe, sewer, drain, channel or fitting or other work used in connection with the land or building, so as to enable the corporation:(i) to install, operate, repair, replace, maintain, remove, extend, expand, connect, disconnect or improve its systems and services, or(ii) to construct new water management works,in accordance with the obligations imposed on it by its operating licence,(g) to carry out any investigation or inspection, take levels, drill test bore-holes, make surveys and marks, and fix pegs and stakes, for the purpose of determining the site of any proposed water management work.(2) An irrigation corporation must ensure that as little damage as possible is caused by the exercise of powers under this section and must repair any damage caused or pay compensation for the damage.(3) The powers of entry conferred by this section are not to be exercised for a purpose referred to in subsection (1) (a), (f) or (g) without prior notice to the occupier of the land.(4) A person must not threaten, hinder, obstruct or delay any person in the exercise of an irrigation corporation’s functions under this section.Tier 2 penalty.
121 Ceasing to be an irrigation corporation
(1) A corporation ceases to be an irrigation corporation if its particulars are removed from Schedule 1.(2) The Governor may remove an irrigation corporation’s particulars from Schedule 1 by proclamation published on the NSW legislation website, but only:(a) on application made by the irrigation corporation to the Minister, or(b) if the irrigation corporation ceases to exist.(3) The Governor may by proclamation published on the NSW legislation website amend Schedule 1 so as to reflect a change in an irrigation corporation’s name.(4) The regulations may make provision, not inconsistent with the Corporations Act 2001 of the Commonwealth, for or with respect to any matters that are consequential on a corporation ceasing to be an irrigation corporation.
122 Authority conferred by operating licence
The operating licence for an irrigation corporation authorises the corporation to carry on the business of supplying water provided to it by the Ministerial Corporation and to exercise its functions under this Part.
123 Terms and conditions of operating licence
(1) An operating licence is subject to the terms and conditions determined by the Governor.(2) Examples of terms and conditions that may be included are as follows:(a) a requirement that the irrigation corporation will (in accordance with any applicable management program and the corporation’s business plan) provide, construct, maintain, manage and operate:(i) efficient, co-ordinated and commercially viable systems and services for supplying water from both surface and subsurface sources, and(ii) surface and subsurface drainage networks that have sufficient capacity having regard to specified factors, including the amount of water supplied by the corporation to users,(b) a requirement that the irrigation corporation must be the holder of all relevant licences or other authorities,(c) a requirement that the irrigation corporation is to comply with the provisions of any applicable management program, either in all respects or in certain respects,(d) a requirement that, in supplying water to its members, the irrigation corporation is to give priority to certain councils or other local water utilities for domestic water supply,(e) a requirement as to how the irrigation corporation is to spend and otherwise deal with any money provided to it out of money appropriated from the Consolidated Fund or other public money.(3) An operating licence may be amended only in the manner specified in the operating licence.(4) Despite subsection (3), the Minister may amend an irrigation corporation’s operating licence so as to give effect to matters agreed to by or on behalf of the State pursuant to, or in connection with, the National Water Initiative.(5) In determining the terms of the amendment, the Minister must have regard to any submissions made by the irrigation corporation.(6) In this section, National Water Initiative means the Intergovernmental Agreement on a National Water Initiative between the Commonwealth of Australia and the Governments of New South Wales, Victoria, Queensland, South Australia, Western Australia, Tasmania, the Australian Capital Territory and the Northern Territory (as amended from time to time).
(1) An operating licence has effect for the period specified in the licence in that regard, but may be renewed at the end of that period.(2) An operating licence may be renewed even if its term has expired.(3) The Governor may refuse an application for the renewal of an operating licence on such grounds as the Governor considers appropriate.
125 Contravention of operating licence
(1) If, in the opinion of the Minister, an irrigation corporation contravenes an operating licence, the Governor may direct that one of the following is to apply:(a) a letter of reprimand by the Minister is to be served on the irrigation corporation,(b) the Minister is to cause a notice to be served on the irrigation corporation requiring it to rectify the contravention within a specified period.(2) If, in the opinion of the Minister, an irrigation corporation continues to contravene an operating licence after the issue of a letter under subsection (1) (a) or fails to rectify a contravention as required by a notice under subsection (1) (b), the Governor may do either or both of the following:(a) the Governor may direct that the irrigation corporation is to pay a monetary penalty of an amount (not exceeding $150,000) to be determined by the Governor,(b) the Governor may cancel the operating licence.(3) The fact that the Governor has directed that action be taken under this section does not prevent the Governor directing that the same or other action under this section be taken if the contravention continues or a fresh contravention occurs.(4) An operating licence may make provision for advice to be furnished to the Minister in connection with the exercise of the Minister’s functions under this section.(5) A penalty imposed under this section may be recovered in any court of competent jurisdiction as if it were a debt due to the Crown.
126 Cancellation of operating licence
(1) An operating licence may be cancelled by the Governor, but only:(a) if the irrigation corporation fails or ceases to hold a relevant licence or other authority, or(b) if the irrigation corporation is, in the opinion of the Minister, in material default in compliance with the operating licence, viewed in terms of the operation of the operating licence as a whole, or(c) if the irrigation corporation is an externally-administered corporation within the meaning of the Corporations Act 2001 of the Commonwealth, or(d) if the irrigation corporation has been convicted of a criminal offence that is punishable by a fine of at least $10,000 or, if the corporation were a natural person, imprisonment for 12 months or more, or(e) in the circumstances set out in section 125 (2).(2) An operating licence may not be cancelled on the ground referred to in subsection (1) (a) if an appeal against a decision not to renew or to cancel the relevant licence or other authority has been made but not determined or withdrawn.(3) Subsection (1) (d) does not apply where the offence is unconnected with the functions of the irrigation corporation relating to the supply or drainage of water.
127 Irrigation corporation may make arrangements with subsidiaries
(1) An irrigation corporation may arrange, whether by an agency agreement or in any other way (except by assignment), for a subsidiary of the irrigation corporation to exercise any or all of the irrigation corporation’s functions under this Part or under an operating licence.(2) The Minister may treat any act or omission of the subsidiary of an irrigation corporation as an act or omission of the irrigation corporation for the purpose of determining:(a) whether the irrigation corporation has contravened its operating licence, or(b) whether the licence should be suspended or cancelled,but only if the irrigation corporation has made arrangements for the exercise of functions by the subsidiary.(3) In this section, subsidiary means a corporation that is a subsidiary of a corporation as determined in accordance with the Corporations Act 2001 of the Commonwealth or any other applicable law.
Division 4 Inclusion of land within irrigation corporation’s area of operations
128 Applications to include land within area of operations
(1) An application for the inclusion of land within an irrigation corporation’s area of operations may be made to the Minister by means of a joint application made by the corporation and by the owner or owners of the land concerned.(2) The application must identify the land proposed to be included in the corporation’s area of operations.(3) The procedures for making and advertising an application are to be as prescribed by the regulations.
129 Objections to inclusion of land within area of operations
(1) Any person may object to the inclusion of land within the proposed extension of an irrigation corporation’s area of operations.(2) The procedures for making an objection are to be as prescribed by the regulations.
130 Inclusion of land in area of operations
(1) The Minister may determine an application for the inclusion of land within an irrigation corporation’s area of operations by granting or refusing the application.(2) If the Minister grants the application, the Minister must, by order published in the Gazette, include the land within the irrigation corporation’s area of operations.
Division 5 Exclusion of land from irrigation corporation’s area of operations
132 Applications to exclude land from area of operations
(1) An application for the exclusion of land from an irrigation corporation’s area of operations may be made to the Minister by means of a joint application made by the corporation and by the owner or owners of the land concerned.(2) The application must identify the land proposed to be excluded from the corporation’s area of operations.(3) The procedures for making and advertising an application are to be as prescribed by the regulations.
133 Objections to exclusion of land from area of operations
(1) Any person may object to the proposed exclusion of land from an irrigation corporation’s area of operations.(2) The procedures for making an objection are to be as prescribed by the regulations.
134 Exclusion of land from area of operations
(1) The Minister may determine an application for the exclusion of land from an irrigation corporation’s area of operations by granting or refusing the application.(2) If the Minister grants the application, the Minister must, by order published in the Gazette, exclude the land from the irrigation corporation’s area of operations.
136 Successor in title liable for unpaid contract charges
On a change of ownership of land, the new landholder of the land is liable to an irrigation corporation for the amount of any charges levied by the irrigation corporation in relation to the land and unpaid by the previous landholder as if the new landholder had entered into a contract with the irrigation corporation for the supply of the service or services to which the unpaid charges relate.
(1) A person does not have any right or claim to relief of any kind whatever in any legal or other proceeding against an irrigation corporation or officer or employee of an irrigation corporation in respect of any nuisance connected with or in any way arising out of:(a) the design, construction, alteration, maintenance, non-maintenance, operation, repair, disrepair or non-repair of a water management work owned or controlled by the irrigation corporation, or(b) the destruction or damage, or partial destruction or partial damage, by flood, storm, tempest or otherwise of a water management work owned or controlled by the irrigation corporation, or(c) the exercise, in respect of a water management work owned or controlled by the irrigation corporation, by the irrigation corporation of any function conferred or imposed on the irrigation corporation under this or any other Act.(2) Section 733 of the Local Government Act 1993 applies to and in respect of an irrigation corporation in the same way as it applies to and in respect of a council.
138 Register of licences, audits and management programs
(1) The Ministerial Corporation must maintain at its head office a register containing copies of the following:(a) operating licences,(b) audit reports,(c) applicable management programs,(d) recommendations of the Minister to the Governor under this Part.(2) The register must be made available for public inspection during normal business hours.(3) Any person may obtain a copy of any information on the register on payment of the reasonable cost of providing the copy.
Part 2 Private irrigation districts
This Part applies to all private districts under the former Private Irrigation Districts Act 1973 that were in existence immediately before the repeal of that Act, and also authorises the establishment of further private irrigation districts.
In this Part:irrigated holding means a holding in respect of which water is supplied by a private irrigation board for irrigation.
landholder’s water entitlement means the part of the share component of a private irrigation board’s access licence that is available to a landholder of an irrigated holding within the private irrigation district.
new holding means each part of an original holding that, after subdivision, is separately owned.
non-irrigated holding means a holding in respect of which water is supplied by a private irrigation board for domestic and stock use only.
original holding means a holding in a private irrigation district, being a holding:
(a) in existence at the date of constitution of that district, or(b) comprising lands added to that district under Division 2,but does not include any holding, or any part of a holding, that has become a new holding or that has been excised from the private irrigation district under Division 2.private irrigation board, in relation to a private irrigation district, means the board of management for that district elected under Division 3.
private irrigation district means a private water supply district or a private water supply and irrigation district constituted under Division 2.
141 Requirements for access licences and approvals
Nothing in this Part authorises a private irrigation board or landholder to do anything for which this Act requires an access licence or approval unless the private irrigation board or landholder holds an appropriate access licence or approval.
Division 2 Private irrigation districts
(1) Any persons who are landholders of lands that are being worked as 3 or more holdings may lodge with the Minister a petition for the constitution of those lands:(a) as a private water supply district, or(b) as a private water supply and irrigation district.(2) The petition:(a) must contain the names, addresses and occupations of all of the petitioners and be signed by all of the petitioners, and(b) must be accompanied by plans showing:(i) the location of the lands proposed to be supplied with water, in relation to the river, estuary or lake from which water is proposed to be obtained, and(ii) the lands on which a water supply work is proposed to be constructed or located in connection with the proposed water supply, and the site on those lands of that proposed water supply work, and(c) must be accompanied by:(i) particulars of the title of the lands within the proposed private irrigation district, and(ii) particulars of the area of land within the proposed private irrigation district owned by each petitioner, and(iii) an estimate of the quantity of water proposed to be taken annually for the purposes of the proposed private irrigation district, and(iv) particulars of any water use approval under which any lands within the proposed private irrigation district are, at the date of lodgment of the petition, authorised to be irrigated, and(d) must contain the names, addresses and occupations of the landholders of the lands referred to in paragraph (b) (ii) and be accompanied by separate particulars of the title of those lands.(3) The Minister may cause a notice containing particulars of the petition to be published in the Gazette and in an appropriate newspaper.(4) Such a notice may not be published unless:(a) the Minister is satisfied that the establishment of a private irrigation district in accordance with the petition would be of benefit to the landholders of land within the proposed private irrigation district, and(b) the Minister has had regard to the Competition Principles Agreement, and(c) the Premier has concurred in the publication of the notice.(5) In this section, Competition Principles Agreement means the agreement of that name between the Commonwealth, the States and the Territories that was entered into, for and on behalf of New South Wales, on 11 April 1995.
143 Constitution of private irrigation districts
(1) If a supplementary petition in relation to, or an objection to, a petition under section 142 is not duly lodged, the Governor may, by proclamation in the Gazette, constitute the lands described in the petition:(a) as a private water supply district, or(b) as a private water supply and irrigation district,whichever was requested in the petition.(2) If a supplementary petition in relation to, or an objection to, a petition under section 142 is so lodged but the Minister recommends the granting of the petition (whether with respect to all of the lands described in the petition or some only of them), the Governor may, by proclamation in the Gazette, constitute the lands to which the recommendation relates:(a) as a private water supply district, or(b) as a private water supply and irrigation district,whichever was requested in the petition.(3) A proclamation under this section:(a) must assign a name to the private irrigation district and a corporate name to the private irrigation board, and(b) must define the boundaries of the private irrigation district, and(c) must specify at which office of the Ministerial Corporation a plan of the private irrigation district is exhibited, and(d) must fix a time and place for the first election of the members of the private irrigation board.
144 Addition of lands to private irrigation districts
(1) A landholder of lands adjacent to or near a private irrigation district may lodge with the Minister a petition for the addition of those lands to the private irrigation district.(2) The petition:(a) must specify the name, address and occupation of the petitioner and must be signed by the petitioner, and(b) must be accompanied by plans showing:(i) the location of the additional lands proposed to be supplied with water, in relation to the river, estuary or lake from which water is proposed to be obtained, and(ii) the lands on which any additional water supply work is proposed to be constructed or located in connection with the proposed water supply, and the site on those lands of that proposed additional water supply work, and(c) must be accompanied by:(i) particulars of the title and the area of the additional lands, and(ii) an estimate of the quantity of water proposed to be taken annually by the petitioner for the purposes of those lands, and(iii) particulars of any water use approval under which those lands are, at the date of lodgment of the petition, authorised to be irrigated, and(d) if:(i) the private irrigation district has been constituted as a private water supply and irrigation district, and(ii) the petitioner seeks a supply of water for irrigation,must be accompanied by a statement by the private irrigation board as to whether, and to what extent, the landholders within the private irrigation district have agreed to reduced allocations of water so as to permit an allocation of water being made to the additional lands, and(e) must contain the names, addresses and occupations of the landholders of the lands referred to in paragraph (b) (ii) and be accompanied by separate particulars of the title of those lands.(3) The Minister must consider any petition lodged under this section and may cause a notice containing particulars of the petition to be published in the Gazette and an appropriate newspaper.
145 Alteration of private irrigation district
(1) If an objection to a petition under section 144 is not duly lodged or an objection is duly lodged but the Minister recommends the granting of the petition, the Governor may, by proclamation in the Gazette, redefine the boundaries of the private irrigation district to which the petition relates by adding to that district the lands referred to in the petition.(2) If additional lands have been added to a private irrigation board’s district under this section, the board:(a) must, if an appropriate agreement has been made, redetermine the quantity of water to be allocated for domestic and stock use and for irrigation to each holding (including any holding in the additional lands) that is supplied or to be supplied with water for irrigation, and(b) must, in respect of the holding in the additional lands, assess the rates and charges for water for the period or year, as the case may be, current at the date of the addition of those additional lands to the private irrigation district.(3) The assessment of rates and charges referred to in subsection (2) (b) must be made on the basis of the rates and charges fixed in respect of that period or year, the rates and charges so assessed being proportionate to the portion of the period or year during which those additional lands are added to the private irrigation district.
146 Excision of lands from private irrigation districts
(1) A landholder of lands within a private irrigation district may make application to the Land and Environment Court, as prescribed by rules of court, for an order that the landholder’s lands be excised from that district.(2) Notice, in the prescribed form, of the application must be given by the landholder to the private irrigation board on the lodging of the application in the Land and Environment Court.(3) A private irrigation board and all persons whose interests appear to the Land and Environment Court to be affected by the application may attend the hearing of, and be heard in support of, or in opposition to, the application.(4) The Land and Environment Court must hear and determine the application but must not grant the application unless it is satisfied that there are exceptional circumstances that warrant the granting of the application.(5) The decision of the Land and Environment Court is final and may:(a) if the decision is in favour of the applicant, include an order that any water supply works that are situated on the excised lands are to be works of which the private irrigation board has the control, use and maintenance, and(b) embody such terms and conditions as to the Court seem just.(6) If the decision of the Land and Environment Court is that the application be granted, the private irrigation district is, subject to this Part, taken to have been altered by excising therefrom the lands referred to in the application.(7) The excision of any lands from a private irrigation district under this section does not affect the liability of any person for any rates or charges levied or leviable in respect of those lands while they were in the private irrigation district.
147 Supplementary petitions and objections
(1) Within a period of 28 days after the publication of the notice of a petition for the constitution of a private irrigation district:(a) a person who is the landholder of lands that the person desires to be included in the district to which that notice relates may lodge with the Minister a supplementary petition for the inclusion in that district of lands owned by the person that are being worked as a separate property, or(b) any person may lodge with the Minister an objection in writing to the petition referred to in the notice on the ground that the granting of that petition would adversely affect the person’s interests.(2) Within a period of 28 days after the publication of the notice of a petition for the addition of lands to a private irrigation district:(a) the private irrigation board for the district to which that notice relates may lodge with the Minister an objection in writing to the petition referred to in the notice, or(b) any person may lodge with the Minister an objection in writing to the granting of that petition on the ground that the granting of that petition would adversely affect the person’s interests.(3) A person may not lodge an objection on the ground that the person’s interests would, if the petition were granted, be adversely affected for reasons relating to the quantity of water available from the river, estuary or lake from which it is proposed to take water for the purposes of the proposed private irrigation district, and any objection lodged on that ground is not to be entertained.(4) A supplementary petition:(a) must contain the name, address and occupation of the supplementary petitioner, and(b) must be accompanied by plans showing:(i) the location of the lands that the supplementary petitioner desires to be included in the proposed district, and(ii) the lands on which any additional water supply work to be used for the taking of water for the use of the lands that the petitioner desires to be included in the proposed district is proposed to be constructed or is located and the site on those lands of that water supply work, and(c) must be accompanied by particulars of the title and area of the lands referred to in paragraph (b) (i) and of any water use approval under which those lands are, at the date of lodgment of the supplementary petition, authorised to be irrigated, and(d) must contain the names, addresses and occupations of the landholders of the lands referred to in paragraph (b) (ii) and be accompanied by separate particulars of the title of those lands.(5) An objection must be in writing and must state particulars of the grounds of objection.(6) If a supplementary petition or an objection has been lodged with the Minister, the Minister must, after consultation with the petitioner or objector, make a recommendation with respect to the petition or objection.
Division 3 Private irrigation boards
(1) For each private irrigation district there is to be a board of management.(2) Each board is a corporation under the corporate name assigned to it by the proclamation by which its private irrigation district is constituted.(3) A board is to consist of such number of members, being not less than 3 nor more than 10:(a) in the case of the first board elected for a private irrigation district, as may be determined by the Minister, and(b) in the case of any subsequent board elected for a private irrigation district, as may be determined before the election by the board for that private irrigation district.(4) The regulations may make provision for or with respect to:(a) the conduct of elections for the members of a board, and(b) other matters concerning the constitution and procedure of a board.
149 Election of members of private irrigation boards
(1) An election of the members of a private irrigation board must be held on the day and at the time fixed by the proclamation by which it is constituted and thereafter:(a) if the third anniversary of the declaration of the poll for the previous election of members of that board is a Saturday, on that Saturday, or(b) in any other case, on the Saturday preceding or following the third anniversary of the declaration of the poll for the previous election of members of that board.(2) A corporation that is a member of a private irrigation board must authorise an individual to represent it as a member of the board.(3) Subject to this Division, the members of a private irrigation board hold office until the date of the declaration of the poll for the next election.
149A Filling of casual vacancies
The Governor may, by proclamation in the Gazette, appoint a person (being eligible for election) to fill any casual vacancy in the membership of a private irrigation board and to hold office until the date of declaration of the poll for the next election to be held for the board under section 149.
150 Removal of members of private irrigation board from office and appointment of administrator
(1) The Governor may, by proclamation in the Gazette, remove all the members of a private irrigation board from office:(a) if there are not sufficient members of the board to form a quorum, or(b) if, in the opinion of the Governor, the board has failed or neglected to make or levy rates or charges required by this Part, or otherwise to exercise its functions under this Part.(2) (Repealed)(3) If the Governor has removed the members of a private irrigation board from office, the Governor may, in the proclamation removing the members from office or in a subsequent proclamation in the Gazette, appoint an administrator for the board.(4) An administrator so appointed has and may exercise all of the functions of a private irrigation board and is entitled to be paid, out of the funds of the board, such remuneration as the Governor may determine.(5) If the members of a private irrigation board have been removed from office, the Minister may, and if the board’s term of office has more than 12 months to run, must, by notice in the Gazette, order that an election of members be held on a day specified in the order.(6) The day so specified must be a day not more than 6 months after the date of removal of the members from office and not less than 4 weeks after the date on which the notification is published in the Gazette.(7) Any member elected at an election held under this section is to hold office until the time when the terms of office of the members of a private irrigation board who have been removed from office would but for their removal have expired and no longer, but is eligible for re-election if otherwise qualified.(8) On sufficient members of a private irrigation board, by election or appointment under this section, taking office to form a quorum, the functions of the administrator cease.(9) If the members of a private irrigation board have been removed from office because of the board’s failure or neglect as referred to in subsection (1) (b), each of those members is ineligible for election at an election ordered under this section or, if no such election is ordered, at the next election of members of the board, unless the Minister is satisfied that the failure or neglect took place without the member’s knowledge or consent and, by instrument in writing, declares that the member is eligible for election at any such election.
151 Abolition of private irrigation districts
The Governor may, by proclamation published in the Gazette, abolish any private irrigation district for which a private irrigation board has not been elected.
152 Winding-up of private irrigation boards
(1) If the Governor:(a) is of the opinion that a private irrigation board has ceased to function satisfactorily, or(b) is satisfied that a private irrigation board has made a request to the Minister that it be wound up,the Governor may order that the board be wound up.(2) An order under subsection (1) must be published in the Gazette and must appoint a liquidator for the private irrigation board.(3) A winding up of a private irrigation board under this section commences on the publication of the order in the Gazette.(4) The regulations may make provision for or with respect to the winding up of a private irrigation board and for the disposal of any residual assets of the board.(5) If the Governor is satisfied that the winding up of a private irrigation board has been completed under this section, the Governor may, by proclamation published in the Gazette, abolish the board.
(1) Each private irrigation board may from time to time employ such persons as may be necessary to assist it in the exercise of its functions.(2) A person who has ceased to be a member of a private irrigation board is not eligible to be employed by the board until 6 months have elapsed after the person’s so ceasing to be a member.(3) All employees of a private irrigation board are subject to the control and governance of the board and to the provisions of any by-laws made by the board in that behalf.(4) A private irrigation board may fix wages and conditions of employment of its employees if they are not fixed in accordance with the provisions of any other Act.
Division 4 Construction and taking over of works
For the purposes of this Division, a site is an authorised site for a water supply work if:(a) it is the site shown on the plans that accompanied:(i) the petition for the constitution of the district, or(ii) any subsequent petition for the addition of lands to the district,as the site of any work proposed to be constructed as a water supply work, or is that site as varied by the Minister as a consequence of any objection to the petition, or(b) it is the site on which the Governor has authorised the construction or taking over of a water supply work, or(c) it is the site of any works of which a private irrigation board has the control, use and maintenance under this Division.
155 Construction, maintenance and operation of water supply works
(1) A private irrigation board may construct, maintain and operate any water supply work that is located on an authorised site for that work.(2) A private irrigation board must not exercise its powers under this section in respect of any authorised site on which are situated any existing works unless it has taken over the control, use and maintenance of those works under this Division.(3) For the purpose of exercising its powers under this section, a private irrigation board may enter any authorised site (not being an authorised site situated on lands that belong to, or are under the care, control or management of a public authority) and take or remove, and use, any extractive material.
156 Private irrigation board may apply to take over water supply works
(1) A private irrigation board may apply to the Minister for authority to take over any water supply work that is located on an authorised site for that work.(2) The application:(a) must contain the names, addresses and occupations of the landholders of the lands on which the water supply work referred to in the application is or are proposed to be constructed or is or are located, and(b) must be accompanied by:(i) a plan showing those lands and the site on those lands of that water supply work, and(ii) particulars of the title of those lands.(3) The Minister must consider any such application, and may cause a notice containing particulars of the application to be published in the Gazette and in an appropriate newspaper.
157 Objections to applications
(1) Within 28 days after the publication of the relevant notice, any person may lodge with the Minister an objection in writing to the granting of the application referred to in the notice on the ground that the granting of the application would adversely affect the person’s interests.(2) A person may not make an objection on the ground that the person’s interests would, if the petition were granted, be adversely affected for reasons relating to the quantity of water available from the river, estuary or lake from which it is proposed to take water by means of the proposed water supply work, and any objection made on that ground is not to be entertained.(3) An objection must state particulars of the grounds of objection.(4) If an objection is lodged with the Minister, the Minister must, after consultation with the objector, make a recommendation with respect to the objection.
158 Governor may authorise construction or taking over of water supply work
If an objection to an application is not duly lodged, or is duly lodged but the Minister recommends that the application be granted, the Governor may, by proclamation in the Gazette, authorise the construction or taking over of the water supply work on the site concerned.
(1) A private irrigation board may serve a notice in writing on the landholder of any lands on which is situated any water supply work on an authorised site informing the landholder that the board proposes to take over the work.(2) The control and management of the work specified in the notice vests in the private irrigation board on and from the day specified in the notice.(3) A private irrigation board must not serve such a notice after the expiration of 12 months after the constitution of the private irrigation district.(4) A private irrigation board must not serve such a notice on any person in respect of a work that belongs to, or is under the control or management of, a public authority.
(1) A private irrigation board, by notice in writing served, within 12 months after the constitution of the private irrigation district, on the landholder of any lands:(a) that, immediately before the constitution of the private irrigation district, were vested in the landholder as a trustee of lands supplied with water under a single water supply work approval, and(b) that on the constitution of the private irrigation district formed the whole or part of the private irrigation district,may require the landholder to transfer the lands so vested to the board within such period as may be specified in the notice.(2) If a notice is served on a landholder under this section in respect of any land, the land is taken to be held by the landholder as a trustee for the private irrigation board by which the notice was served.
(1) A private irrigation board may, by its employees or agents, at any reasonable time enter any lands and thereon carry out any investigation or inspection, take levels, drill test bore-holes, make surveys and marks and fix pegs or stakes for the purpose of determining the site of any proposed water supply work.(2) A private irrigation board may, by its employees or agents, enter any lands on which is situated an authorised site for the purpose of constructing or maintaining water supply works.
162 No compensation for surveys on land within private irrigation district
(1) A person is not entitled to compensation by reason of:(a) any water supply works becoming works of which a private irrigation board has the control, use or maintenance, or(b) the exercise by a private irrigation board of any of the powers of entry conferred on it by this Part on any lands within the private irrigation district of that board.(2) Subsection (1) (a) has effect subject to any terms and conditions embodied in a decision of the Land and Environment Court.
163 Compensation for surveys on lands outside private irrigation district
Compensation is payable by a private irrigation board for all damage sustained by any person as a result of a board’s exercise of its power to carry out surveys on lands outside its private irrigation district.
164 Compensation where private irrigation board constructs or takes over works
(1) Compensation assessed in accordance with this Division is payable if a private irrigation board exercises its powers to construct or take over any water supply works.(2) Compensation is not payable by a private irrigation board in respect of the repair, operation or maintenance of any water supply work except in relation to damage caused by negligence and except where, in repairing, operating or maintaining any such work or works, the board causes damage to any lands outside its private irrigation district.(3) If immediately before the control and management of any water supply work becomes vested in a private irrigation board under this Part there was in force a legally binding agreement or arrangement between the person who then had the control and management of the work and some other landholder of land in the board’s private irrigation district (being an agreement or arrangement under which that other person was entitled to exercise any powers in relation to that work):(a) that agreement or arrangement is taken to be an agreement or arrangement between that board and that other person, and(b) any compensation to which that other person may be entitled under this Division must be assessed, having regard to his or her obligations under that agreement or arrangement.
165 Determination of amount of compensation
If compensation is payable under this Division, the amount of compensation must be determined:(a) by agreement between the private irrigation board and the person entitled to claim compensation, or(b) if such an agreement has not been reached, by the Land and Environment Court in accordance with the provisions of this Division.
Any amount payable to a claimant as compensation in accordance with this Division may be recovered from the private irrigation board as a debt in any court of competent jurisdiction.
Division 6 Rates and charges for water
167 Fixing of rates and charges
(1) As soon as practicable after 1 July in each year, a private irrigation board:(a) must fix a rate per hectare, for all holdings within its private irrigation district, so as to produce a total amount sufficient to meet the estimated liabilities of that board during that year and any outstanding liabilities of that board, and(b) must fix a rate per hectare for water, or a charge for the quantity of water, to be supplied during that year for domestic and stock purposes to all holdings within the private irrigation district, and(c) in the case of a board constituted for a private water supply and irrigation district:(i) must determine the total quantity of water that it proposes to supply to all holdings for the purpose of irrigation during that year, and(ii) must fix the charges in respect of the quantities of water allocated under Division 7 for that purpose in respect of all holdings within the district.(2) The rates and charges referred to in subsection (1) (b) and (c) must be fixed so as to produce in the year for which they are fixed the amount estimated by the private irrigation board as being required in that year:(a) to defray the cost of constructing, maintaining and operating its water supply works, and(b) to pay the interest on and repay the capital of any loans raised by the board, and(c) to meet any outstanding liabilities of the board and the costs and expenses of administering the private irrigation district and of doing all such things as the board may lawfully do.
168 Special rates and charges and termination charges
(1) For the purpose of raising money:(a) for the fulfilment of any contract, or(b) for the payment of any debt that may be due or become due by the board, or(c) for any other purpose for which the board is authorised to exercise its functions,a private irrigation board may from time to time fix a special rate per hectare to be paid in respect of all holdings in its private irrigation district.(2) A private irrigation board may also fix special charges in respect of:(a) the quantities of water allocated for the purpose of irrigation, or(b) the quantities of water determined for domestic and stock purposes,in respect of all holdings in its private irrigation district.(3) In addition to any other charge that it may fix under this Part, a private irrigation board may fix termination charges payable by a landholder or former landholder in connection with the board ceasing to supply water to the landholder or former landholder (whether because of the transformation of the landholder’s water entitlement to an access licence or otherwise).
169 Assessment and levying of rates and charges
(1) Rates fixed by a private irrigation board must be assessed, and must be levied as prescribed, in respect of the area of each holding within its private irrigation district.(2) Charges fixed by a private irrigation board for a private water supply and irrigation district must be assessed, and must be levied as prescribed, in respect of:(a) the quantity of water allocated for irrigation by the board under Division 7, or(b) the quantity of water determined by the board for domestic and stock purposes,in respect of each holding within the district.
170 Assessment of rates and charges
(1) As soon as practicable after fixing any rates and charges, a private irrigation board must assess and levy the rates and charges.(2) If a private irrigation board at any time finds it has made an error in the assessment of any rates or charges for water in respect of any holding or landholder, the board may re-assess the rates or charges in respect of the holding or landholder affected and if it does so:(a) must refund any amounts overpaid, and(b) may levy any additional amount found to be due.
171 Provision for determining areas of holdings
For the purposes of fixing, assessing and levying rates under this Division, a holding that has an area equal to a number of hectares and a remaining fraction of a hectare is taken to have an area in hectares equal to one more than that number.
172 Liability for rates and charges for water
(1) All amounts due and payable under this Division in respect of rates or charges are be payable to the private irrigation board by the landholder of the holding in respect of which they were levied, and must be paid whether water is or is not taken by the landholder.(2) Rates and charges are due and payable to and recoverable by a private irrigation board on the expiration of one month after service of notice of the rates or charges.(3) If more than one person is an owner of the land, the rates or charges may be levied on any one or more of those persons, and a private irrigation board may recover the rates or charges from any person on whom they are so levied, but nothing in this subsection entitles the board to recover more than the full amount of the rates or charges.(4) If the land is owned jointly by two or more landholders, they are jointly and severally liable to the private irrigation board for the rates or charges, but as between themselves they are each liable only for such part of the rates or charges as is proportionate to their interests in the land.(5) If any such landholder pays to the private irrigation board more than his or her proportionate part, the landholder may recover the excess from the other or others.(6) If any land in a holding reverts to the Crown during any year for which rates or charges are or are to be assessed, the person who immediately before the reversion was the landholder of the land is liable for payment of only that part of the rates or charges proportionate to the part of the year for which the land was held by the person, and any excess payment by the person must be refunded to the person.
(1) Rates and charges under this Division, and any costs awarded to a private irrigation board by any court in proceedings for the recovery of any such rates and charges, are a charge on the land in respect of which the rates and charges have been levied.(2) A charge created by subsection (1) has no effect as against a purchaser in good faith for value who at the time of purchase made due inquiry but had no notice of the liability.(3) For the purposes of subsection (2), a purchaser is not taken to have made due inquiry unless the purchaser obtained a certificate from the private irrigation board as to the amount, if any, due in respect of rates, charges or costs.(4) The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.
Rates and charges may be abandoned or written off in accordance with the by-laws made by the private irrigation board but only on the certificate of the auditor of the board that the abandonment or writing off is in accordance with the by-laws and on the unanimous resolution of the board.
(1) Each private irrigation board must cause to be kept a book or record (in this Part referred to as the assessment book) in which must be recorded the following:(a) the name, address and occupation of each landholder of land within the private irrigation district,(b) particulars of the area of each parcel of land owned by each such landholder,(c) particulars identifying the separate holdings within the private irrigation district,(d) particulars of the total area of land owned by all landholders,(e) in the case of a board for a private water supply and irrigation district:(i) particulars of the quantity of water last allocated by the board to each irrigated holding within the district, and(ii) particulars of the quantity of water last determined by the board for domestic and stock purposes in respect of each such holding,(f) such particulars relating to the fixing, assessing and levying of rates and charges as may be prescribed.(2) A private irrigation board may from time to time rectify any errors or omissions in the assessment book.
176 Determination of allocation
As soon as practicable after it is elected, the first board for a private water supply and irrigation district must determine the quantity of water, if any, to be allocated for irrigation to each holding within the private irrigation district.
At the times fixed by it, a private irrigation board:(a) must supply water for domestic and stock purposes (in such quantities as it may determine):(i) to the boundary of each holding within its private irrigation district, and(ii) to such other points as may be agreed on by the board and the landholder of the holding, and(b) in the case of a board for a private water supply and irrigation district, must supply water for irrigation (in the quantities allocated by it under this Division):(i) to the boundary of each holding within its private irrigation district for which an allocation of water for irrigation has been made by the board, and(ii) to such other points as may be agreed on by the board and the landholder of the holding.
178 Discontinuance or reduction of supply of water
A private irrigation board may at any time refuse to deliver water to any holding or may discontinue any delivery of water to a holding:(a) in the case of a holding for which it has made an allocation of water for irrigation:(i) if the land to be irrigated is not in its opinion properly prepared for irrigation or on which the ditches or channels to be used for the distribution of water within the holding are in the opinion of the board inadequate or in a bad state of repair, or(ii) if the water is for the irrigation of grasses or pastures that are not sown grasses or improved pastures, or(b) if any rates or charges for water in respect of the holding are, and have been for a period of 2 months or more after the due date of payment, unpaid, or(c) if the landholder of the holding does not comply with any requirement specified in a notice given to the landholder under this Division, or(d) if the water is being used for a purpose that is not authorised by a water use approval.
179 Circumstances in which private irrigation board not obliged to supply water
(1) Nothing in this Part requires a private irrigation board to supply water to any land or landholder if, by reason of drought, accident or otherwise, the board is of the opinion that it is impracticable to do so.(2) Unless the private irrigation board otherwise determines, any failure to deliver water to a holding does not relieve the landholder of the holding of any liability for payment of rates and charges, and rates and charges continue to be leviable in respect of the holding despite any such failure.
180 Landholders may be required to provide distribution works
A private irrigation board may, by notice in writing given to the landholder of any holding, require the landholder:(a) to provide on his or her holding:(i) water delivery systems of such a size and capacity as will enable water to be delivered to his or her land at not less than such rate of delivery as the board may stipulate in the notice, and(ii) water storage works, in such locations and of such nature and extent as the board may stipulate in the notice, for the water to be supplied by it for domestic and stock purposes, and(b) to maintain, continuously and effectively, any water delivery systems referred to in paragraph (a) (i) so that water may be carried or passed at not less than the rate so stipulated.
If the full quantity of water to be supplied under this Division has been supplied or, despite any sales made under this section, will be supplied, a private irrigation board may, subject to the conditions of any water supply work approval held by it, agree to sell by measure to the landholder of any holding water from the works of the private irrigation district subject to such terms and conditions as may be agreed to by the board and that landholder.
Division 8 Effect of new subdivisions
182 Supply of water for domestic and stock purposes to new holdings resulting from subdivisions
(1) If a holding, whether an irrigated or non-irrigated holding, is subdivided, a new holding resulting from the subdivision is not entitled to a supply of water for domestic and stock purposes from a private irrigation board’s water supply works until a date determined by the board (not being a date earlier than the date on which the board became aware of the disposition of that new holding).(2) If rates for a period or year ending on 30 June, being the period or year during which the date specified by a private irrigation board under subsection (1) occurred, have not, before the date so specified, been levied in respect of the holding that was subdivided, the board must levy the rates for the whole of that period or year in respect of each of the new holdings that resulted from the subdivision, and that was disposed of.
183 Supply of water for irrigation purposes to a new holding resulting from a subdivision
(1) If an irrigated holding is subdivided and any new holdings are thereby created, the private irrigation board must, subject to subsection (2), allocate to such of the new holdings as the landholder of the subdivided holding nominates the whole of the quantity of water last allocated to the holding that was subdivided.(2) If the landholder nominates more than one new holding to which the quantity of water is to be allocated, the private irrigation board may allocate the water to those holdings in such proportions as it determines.(3) A private irrigation board may allocate to such of the new holdings as the board determines the quantity of water last allocated to the subdivided holding if:(a) the landholder of the subdivided holding fails to make a nomination within the time specified by the board in a notice sent by post to the landholder at the landholder’s last known address, or(b) a holding nominated by the landholder does not contain land capable of being irrigated from the works of the private irrigation district or to which, in the opinion of the board, it is impracticable to convey water for irrigation from those works, or(c) a holding nominated by the landholder is too small to justify an allocation of water, or(d) the allocation of water in the manner nominated is otherwise detrimental to the administration of the private irrigation district concerned.(4) If a private irrigation board makes an allocation under subsection (3), it is to notify the landholder of the subdivided holding and the landholder of each new holding of the allocation.(5) An allocation of water to a new holding made under this section has effect on and from a date to be specified in the instrument by which the allocation is made (not being a date earlier than the date on which the private irrigation board became aware of the first disposition of any of the new holdings resulting from the subdivision).(6) The landholder of a new holding resulting from a subdivision referred to in subsection (1) is not entitled to an allocation of water by the private irrigation board for irrigation purposes otherwise than in accordance with this section.(7) If the charges for water have not been levied for the current year for the subdivided holding, the private irrigation board must levy the charges for the whole of that year in respect of the new holding to which the water previously allocated to the subdivided holding has been allocated in accordance with this section.
184 Additional works required as a result of subdivision
(1) The person who, immediately before the disposition of a new holding resulting from a subdivision, was the landholder of the holding (the previous landholder) must construct at his or her own cost such works as are necessary to provide:(a) means of conveying water to the new holding from the private irrigation board’s water supply works and, if an allocation of water is made to the new holding for irrigation, means of measuring the water so supplied, and(b) means of access from roads to any works of the private irrigation district or any works provided for the purposes of paragraph (a) if that access would not be available except by crossing a channel of the private irrigation district, and(c) means of access across a channel of the private irrigation district to the new holding if that means of access is required by reason of the subdivision.(2) All works to be constructed under subsection (1):(a) in respect of the supply of water to a new non-irrigated holding, must be constructed before the new holding is disposed of or within such period after the disposition of the new holding as the private irrigation board may in any particular case allow, and(b) in respect of the supply of water to a new irrigated holding, must be constructed within such period as the private irrigation board may, by notice in writing, have notified to the landholder of the holding that was subdivided.(3) All works constructed or to be constructed under subsection (1) must be constructed in accordance with the approval in writing of the private irrigation board in respect of location, design, form, dimensions and construction.(4) At the request of the previous landholder, a private irrigation board may undertake, at the landholder’s cost, the construction of any works required by this section.(5) A private irrigation board may construct such works as have not been constructed by the previous landholder, and any costs and expenses (including any compensation paid or payable by the board under Division 5 by reason of the construction of the works) are payable to the board either by the previous landholder or by the new landholder, as the board may determine.(6) If any part of the costs and expenses referred to in subsection (5) is recovered by the private irrigation board from the new landholder, the new landholder may recover from the previous landholder the whole or that part of those costs or expenses, as the case may be.(7) On their completion, the control and management of any works constructed under this section is vested in the private irrigation board.
Division 9 Meetings of landholders
(1) The chairperson of a private irrigation board may, at any time, convene a general meeting of landholders of land within the board’s private irrigation district.(2) A private irrigation board must, within 21 days after the receipt of a requisition signed by not less than one-fifth in number of the landholders of the holdings in the private irrigation district, convene a general meeting of those landholders.(3) Seven days’ notice of every general meeting must be sent to every landholder at the address shown in the private irrigation board’s assessment book informing the landholder of the time and place of the general meeting.
(1) A corporation may, by any person authorised by it in writing, attend general meetings and vote.(2) If there is more than one landholder of any holding, each landholder may attend general meetings but only one of them may vote.
Each private irrigation board must cause to be kept, in relation to its funds, proper books of account that must be audited as often as the board considers it advisable so to do, but at least once in every year, by a registered company auditor (within the meaning of the Corporations Act 2001 of the Commonwealth).
Each private irrigation board must as soon as practicable, and in any case before 31 October in each year, forward to the Minister a copy of the income and expenditure account, balance sheet and rate account as last audited, together with a copy of the certificate of audit relating to them.
(1) All money received by or on account of a private irrigation board must be paid into a bank or authorised deposit-taking institution chosen by the board.(2) Every payment of $2.00 or more by or on behalf of a private irrigation board must be by cheque on the bank or authorised deposit-taking institution drawn and countersigned as prescribed by the regulations.(3) Payments of less than $2.00 may be made out of a petty cash fund, replenished from time to time by cheque drawn and countersigned as prescribed by the regulations.
(1) For the temporary accommodation of a private irrigation board it may obtain advances by way of overdraft of current account in any one or more banks or authorised deposit-taking institutions on the security of the income of the board.(2) The amount of any such overdraft must be limited to:(a) one-half of the income of the private irrigation board as shown by the last audited accounts, or(b) if there are no audited accounts, one-half of the income of the private irrigation board estimated by the board in respect of the year commencing on 1 July immediately preceding the date on which the overdraft is proposed to be obtained.(3) No greater amount may be borrowed under this section than the amount stated in a certificate of the auditor of the private irrigation board as being the sum that may be borrowed within the limits imposed by this section.
Division 10A Transformation of water entitlements
190A Water entitlements of landholders
(1) A private irrigation board must, if requested to do so in writing by a landholder of an irrigated holding to which water is supplied by the board, determine the landholder’s water entitlement.(2) A board must have regard to the following matters when determining the landholder’s water entitlement:(a) the nature of agricultural activities on the land,(b) the amount of water currently supplied to the landholder,(c) any present or past water sharing arrangements applicable to the landholder,(d) any other matter it considers relevant,(e) any other matter prescribed by the regulations.(3) A determination may specify the different parts of the landholder’s water entitlement that are available to the landholder for different purposes.(4) A determination must be in writing and comply with the requirements prescribed by the regulations. Notice of a determination must be given in writing by the board to the landholder.(5) A determination may be varied or redetermined only on a further application made by the landholder within 3 months of the determination or in the circumstances prescribed by the regulations.(6) A person must not participate in a determination of a landholder’s water entitlement if the person or a member of the person’s immediate family (within the meaning of the regulations) has an interest in the entitlement.
190B Transformation of landholder’s water entitlement
(1) A private irrigation board may make an application under Division 4 of Part 2 of Chapter 3 for the purpose of wholly or partly transforming a landholder’s water entitlement into an access licence under this Act.(2) On transformation of the whole or part of a landholder’s water entitlement to an access licence:(a) the landholder is not entitled to vote (as a member of the private irrigation board or as a landholder within the private irrigation district) on any matter relating to the transformation of one or more other landholders’ water entitlements or the supply of water to landholders who have not transformed their water entitlements, and(b) the board may continue to exercise functions in relation to any works that are located on the landholding for which it exercised functions immediately before the transformation (whether or not the board is to deliver the landholders’ water entitlement under the access licence or the landholding remains in the private irrigation district).(3) If the whole of a landholder’s water entitlement is transformed and the landholder does not have a right to the delivery of that water by the board:(a) the landholder is not entitled to vote as a landholder within the private irrigation district, and(b) the board must not fix rates and charges in respect of the landholder’s landholding for that water (other than termination charges).(4) The regulations may make provision for or with respect to:(a) other circumstances in which a landholder whose landholder’s water entitlement has been transformed ceases to be a voting member, and(b) the voting rights of landholders who have partially transformed their landholders’ water entitlements.(5) A board may require a landholder to provide security as a condition of consent to transformation of the whole or part of the landholder’s water entitlement, subject to the regulations.(6) Without limiting subsection (5), the following kinds of security may be required by a board:(a) a charge over a part of an irrigation right that is not transformed,(b) a charge over an access licence or other entitlement to water acquired by the person and resulting from the transformation,(c) a guarantee by an authorised deposit-taking institution,(d) a deposit lodged with the board.(7) In addition to any other charges it may fix under this Part, a board may fix the following charges:(a) (Repealed)(b) charges payable by a landholder for the delivery of water after transformation of the whole or part of the landholder’s water entitlement.
A private irrigation board may by instrument in writing delegate:(a) to any member of the board, or(b) to any employee of the board,any of its functions, other than this power of delegation.
192 Assessment book admissible as evidence
In any legal proceedings for the recovery of rates or charges:(a) a private irrigation board’s assessment book, or(b) any document purporting to contain a copy of any part of a private irrigation board’s assessment book that is certified as a true copy by the chairperson of the private irrigation board, or by a person authorised by the chairperson in that regard,is admissible in evidence.
193 Service of notice of proceedings on a private irrigation board
Any document required to be served on a private irrigation board may be served:(a) by leaving it with some person apparently employed by the board at the office of the board, or(b) by posting it to the board at its office.
Any rates, charges or money due to a private irrigation board under this Part may be recovered as a debt in a court of competent jurisdiction.
195 Amendment of proclamations
Any proclamation under this Part may be amended by a further proclamation for the purpose of correcting any error in the earlier proclamation.
(1) A private irrigation board may, with the approval of the Governor, make by-laws not inconsistent with this Act or the regulations for or with respect to the following:(a) the convening and holding of general meetings of landholders,(b) the appointment by a landholder of a proxy for voting purposes,(c) the supply of water for domestic and stock purposes or for irrigation,(d) the provision of storages on holdings for water supplied from the water supply works of the board for domestic and stock purposes,(e) the methods of measuring water supplied,(f) the sale of water to landholders,(g) regulating the use of the water supply works of the board,(h) the prevention of waste of water,(i) the fixing, assessing and levying of rates and charges for water,(j) the class of case in which, and the circumstances in which, rates and charges may be abandoned or written off,(k) the accounts of the board,(l) the collection and banking of money, and the signing and countersigning of cheques,(m) the books and records of the board,(n) the access of members of the board to documents and books of the board,(o) fees for any service provided by the board,(p) the form of any notice or other document to be prepared, issued or received in accordance with this Part or any regulations of the board,(q) any matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Part.(2) A by-law may create an offence punishable by a penalty not exceeding 0.5 penalty units.
Part 3 Private drainage boards
This Part applies to all drainage unions under the former Drainage Act 1939 that were in existence immediately before the repeal of that Act, but does not authorise the establishment of any new drainage unions.
In this Part:director means director of a private drainage board.
drain includes a natural watercourse.
drainage district means the area in respect of which a drainage union is constituted, having boundaries as varied from time to time in accordance with this Part.
private drainage board means board of directors of a drainage union.
199 Requirements for access licences and approvals
Nothing in this Part authorises a private drainage board or landholder to do anything for which this Act requires an access licence or approval unless the private drainage board or landholder holds an appropriate access licence or approval.
Division 2 Private drainage boards
Each private drainage board is a corporation under the corporate name by which it was constituted.
201 Appointment and election of directors
(1) A private drainage board is to have not less than 3, and not more than 7, directors.(2) If any Crown lands are included in the private drainage board’s district, one of the directors is to be appointed by the Minister (the appointed director).(3) The remaining directors (the elected directors) are to be elected by landholders within the drainage district.(4) The regulations may make provision for or with respect to:(a) the conduct of elections for the elected directors of a private drainage board, and(b) other matters concerning the constitution and procedure of a private drainage board.
202 Functions of private drainage boards
(1) A private drainage board has the following functions:(a) to prepare, review and implement a management program for its drainage district,(b) to maintain in a state of efficiency the drainage works under its charge, and renew such drainage works if necessary,(c) to construct, alter, or extend any drainage works in accordance with any authority and consent given under this Part,(d) to make, levy and collect rates,(e) to appoint such officers and employees as may be required,(f) to institute legal proceedings for the recovery of outstanding rates or other amounts,(g) to keep the prescribed books and accounts,(h) to manage the affairs of the drainage union,(i) to do such acts as may be necessary or desirable for carrying out the purposes of this Part.(2) No drainage works affecting navigable waters (within the meaning of the Protection of the Environment Operations Act 1997) are to be commenced without the approval of the Governor.
(1) A private drainage board or any person authorised by it may enter any land within or outside its drainage district:(a) for the purpose of making inspections or surveys, and(b) for the purpose of constructing, maintaining and effecting extensions and alterations to the drainage works, and(c) for any other purpose in the exercise of its powers and duties.(2) The private drainage board must make full compensation for damage occasioned to any land in the exercise of its powers and duties under this Part.
204 Extension of drainage works
A private drainage board is to carry out such extensions of drainage works as are authorised by a majority of votes cast at a general meeting at which a quorum is present.
(1) The boundaries of a drainage district may from time to time, on application by the private drainage board, be amended by the Governor.(2) Any such application must contain particulars of the lands proposed to be added to or excised from the drainage district, and that have or are capable of being increased in value or that have decreased in value respectively by reason of the operations of the private drainage board.(3) The Minister must cause notice of any such application to be published in an appropriate newspaper.(4) The notice must:(a) give particulars of the lands proposed to be added to or excised from the drainage district, and(b) appoint a time (not being earlier than 8 weeks after the date of publication of the notice) and place at which objections may be lodged.(5) After expiration of the appointed time and on consideration of any objection lodged the Minister may recommend and the Governor may approve an application with such modification, if any, as the Minister, on investigation, may recommend.(6) The approval of the Governor, and particulars of the alterations made in the boundaries of the drainage district, must be notified by the Minister in the Gazette.(7) As from the date of publication of such notification, the boundaries of the drainage district are taken to be altered accordingly.
(1) A private drainage board may, in respect of each landholding within its area of operations, fix, assess and levy rates in order to provide funds to enable it to exercise its functions.(2) Rates levied by a private drainage board are payable by the persons, and at the times, prescribed by the regulations.(3) A private drainage board may impose a charge for a service provided by it otherwise than by means of a drainage management work.(4) A private drainage board is to keep the records prescribed by the regulations in connection with the rates fixed, assessed and levied by it.
For each year commencing 1 January, the private drainage board must cause an estimate to be made of the amount required for that year for the following purposes:(a) construction, maintenance, extension and alteration of drainage works,(b) payment to the Treasurer of any amounts due or becoming due,(c) repayment of loans, and payment of interest thereon,(d) defraying costs of administration,(e) meeting all other expenditure whatsoever in carrying out its powers, authorities, duties and functions,(f) the preparation and implementation of management programs.
If for any reason any rate is not made within or by the time prescribed by or under this Part, or if any irregularity in making or levying any rate affects or may be considered to affect the validity of any rate, the Governor may extend the time for the making of the rate, and may authorise the doing by the private drainage board of such acts as may be necessary to cure the irregularity and to validate the rate.
(1) Every rate must be entered in a rate book which must be in the prescribed form.(2) An alteration or amendment in the rate book may be made in respect of any rate by altering such of the particulars entered therein as may be prescribed.(3) An alteration or amendment in the rate-book has effect on adoption by the private drainage board as though made when the rate was made.(4) An alteration or amendment in the rate-book made in conformity with a resolution of the private drainage board must be made in the prescribed manner.
Every rate becomes due and payable to and recoverable by the private drainage board on the expiration of one month after service of the rate notice.
Except where this Part otherwise expressly provides, every rate is to be paid to the private drainage board by the owner of the land in respect of which the rate is levied.
212 Liability of current owner
(1) If a private drainage board is for any reason unable to recover any amount owing by way of rates from the owner of any land, the private drainage board may serve on any tenant of that land a notice requiring that any rent then due or thereafter to become due by the tenant in respect of the land be paid by the tenant as it falls due to the board in liquidation of the amount owing.(2) In default of payment of rent, the private drainage board may recover from the tenant of the land the amount owing as a debt in any court of competent jurisdiction.(3) Any payment to the private drainage board under this section constitutes a valid discharge to the payer for such rent as against all other persons.(4) Nothing in this section applies to a person who is a tenant for or on behalf the Crown, as an officer or employee of the Crown or as an employee of a local council.
213 Lessees of land owned by the Crown
(1) If the land is owned by the Crown and is held by any person under a lease from the Crown, the rate must be paid to the private drainage board by the holder of the lease.(2) If the land is held under a lease from the Crown by two or more persons successively in the same year, the private drainage board may do any of the following:(a) it may make such adjustment (if any) of the rate, whether paid or unpaid, as it thinks proper between such persons,(b) it may recover from each of such persons that person’s proportion of the rate as fixed by the adjustment,(c) it may make any refund in accordance with the adjustment,(d) it may write off any amount in respect of the interval between those persons’ holdings.
Division 4 Effect of new subdivisions
214 Connections to new holdings resulting from subdivisions
(1) If a holding is subdivided, a new holding resulting from the subdivision is not entitled to be connected to a private drainage board’s drainage works until a date determined by the board (not being a date earlier than the date on which the board became aware of the disposition of that new holding).(2) If rates for a period or year ending on 30 June, being the period or year during which the date determined by the board under subsection (1) occurred, have not, before the date so determined, been levied in respect of the holding that was subdivided, the board must levy the rates for the whole of that period or year in respect of each of the new holdings that resulted from the subdivision, and that was disposed of.
215 Additional works required as a result of subdivision
(1) The person who, immediately before the disposition of a new holding resulting from a subdivision of land within a private drainage board’s drainage district, was the landholder of the holding (the previous landholder) must construct at his or her own cost such works as are necessary to provide:(a) means of conveying water to the board’s drainage works from the new holding, and(b) means of access from roads to any works of the board or any works provided for the purposes of paragraph (a) if that access would not be available except by crossing a channel of the drainage district, and(c) means of access across a channel of the drainage district to the new holding if that means of access is required by reason of the subdivision.(2) All works to be constructed under subsection (1) must be constructed before the new holding is disposed of or within such period after the disposition of the new holding as the board may in any particular case allow.(3) All works constructed or to be constructed under subsection (1) must be constructed in accordance with the approval in writing of the board in respect of location, design, form, dimensions and construction.(4) At the request of the previous landholder, the board may undertake, at the landholder’s cost, the construction of any works required by this section.(5) The board may construct such works as have not been constructed by the previous landholder, and any costs and expenses are payable to the board either by the previous landholder or by the new landholder, as the board may determine.(6) If any part of the costs and expenses referred to in subsection (5) is recovered by the board from the new landholder, the new landholder may recover from the previous landholder the whole or that part of those costs or expenses, as the case may be.(7) On their completion, the control and management of any works constructed under this section is vested in the board.
(1) When all amounts due by the private drainage board of any drainage union have been repaid, the landholders (being not less than one-third in number of those within the drainage district) may present a petition to the Governor for the dissolution of the union.(2) The Governor may notify such petition in an appropriate newspaper, and if no sufficient cause to the contrary is shown by other landholders within the drainage district, may proclaim that the union is dissolved.(3) (Repealed)(4) The regulations may make provision for or with respect to the winding up of a private drainage board and for the disposal of any residual assets of the board.(5) If the Governor is satisfied that the winding up of a private drainage board has been completed under this section, the Governor may, by proclamation published in the Gazette, abolish the board.
Any rate, charge, fee, or money due to a private drainage board under the provisions of this Part or of any regulation under this Part may be recovered as a debt or liquidated demand in any court of competent jurisdiction.
(1) The accounts of a private drainage board must be audited once every year.(2) A private drainage board must each year publish in an appropriate newspaper a statement of the receipts and payments or alternatively of the income and expenditure for the next preceding year, certified under the hands of the chairperson of the board or manager and the auditor, or forward a copy of such statement to each landholder of land within the drainage district.(3) The private drainage board must forward a copy of the statement to the Minister.
The regulations may make provisions for or with respect to the following matters:(a) the appointment, payment and dismissal of officers and employees of a drainage board,(b) the making and levying of rates and the time within which rates must be made,(c) the keeping of accounts of private drainage boards,(d) the qualifications to be held by auditors appointed by a private drainage board.
This Part applies to all private water trusts under Part 3 of the former Water Act 1912 that were in existence immediately before the repeal of that Part, but does not authorise the establishment of any new private water trusts.
In this Part:landholder’s water entitlement means the part of the share component of an access licence held by or on behalf of a private water trust that is available to a landholder for irrigation.
member, in relation to a private water trust, means a member appointed or elected under section 223.
private water trust means a trust constituted under Part 3 of the former Water Act 1912.
ratepayer means person paying rates in respect of land within a water supply district.
water supply district means the district in respect of which a private water trust is constituted.
222 Requirements for access licences and approvals
Nothing in this Part authorises a private water trust or landholder to do anything for which this Act requires an access licence or approval unless the private water trust or landholder holds an appropriate access licence or approval.
Division 2 Private water trusts
223 Appointment and election of members
(1) For private water trusts with 3 members, 1 is to be appointed by the Minister, and 2 are to be elected.(2) For private trusts with 5 members, 2 are to be appointed by the Minister, and 3 are to be elected.(3) One of the members appointed by the Minister is to be appointed as chairperson.(4) The regulations may make provision for or with respect to:(a) the conduct of elections for the elected members of a private water trust, and(b) other matters concerning the constitution and procedure of a trust.
224 Alteration of water supply districts
(1) If two-thirds of the landholders of lands within any area sign and forward to the Minister a petition that such area be included in a water supply district, the Minister must, unless of the opinion that the petition should be refused, refer the petition to the members of the private water trust for the district.(2) On receipt from the members of notice that the proposed alteration has been approved by a special general meeting of the voters of the trust, of which at least 14 days’ notice has been given in the prescribed manner, the Minister may, by notification in the Gazette, alter the boundaries of the district accordingly.
225 Removal of land from water supply district
(1) If any lands within a water supply district have not benefited from the water management works of the private water trust for a continuous period of 3 years or more and the landholder of such lands applies to the Minister for the lands to be excised from the water supply district, the Minister must refer the application to the members of the private water trust for the district.(2) The members must refer the question of the proposed excision of the lands from the water supply district to a special general meeting of the voters of the trust (of which at least 14 days’ notice has been given in the prescribed manner) and must convey to the Minister the decision of the voters.(3) The members must also advise the Minister as to:(a) the reasons why such lands have not so benefited or have ceased so to benefit, and(b) the practicability or otherwise of extending or improving the water management works of the trust so as to benefit the said lands, and(c) the effect that the granting of the request would have on the general administration and finances of the trust.(4) The Minister is then to decide whether or not the whole or any part of the lands referred to in the request are to be excised from the water supply district.(5) The Minister may, by notification in the Gazette, excise such lands from the water supply district and on the publication of such notification the water supply district is taken to be altered accordingly.
On the joint application of members of any two adjoining water supply districts, duly approved by a majority of the voters of each district at separate special general meetings (of which at least 14 days’ notice has been given in the prescribed manner), the Minister may, by notification in the Gazette, transfer any part of one water supply district to the other water supply district.
Division 3 Functions of members
The members of a private water trust have the function of maintaining and administering the trust’s works.
228 Powers and duties of members
(1) The members of a private water trust have and may exercise the following functions:(a) to establish and maintain a management program for the water supply district,(b) to maintain in a state of efficiency the water management works under their charge and renew such works if necessary,(c) to fix and levy rates to provide for the maintenance, renewal and management of such water management works, and for interest, charges, and a sinking fund,(d) to keep proper accounts of all money received and paid,(e) to pay to the Treasury, at such times as may be fixed by the Minister, the interest and charges payable by them, and if necessary make due provision for a sinking fund,(f) to appoint, with the approval of the Minister, such officers or employees as may be required,(g) to borrow money, but only as provided in this section.(2) A loan by way of limited overdraft may be obtained for the purpose of meeting necessary legitimate expenditure prior to the collection of rates or for the purpose of carrying out urgent works of renewal, or replacement, or other emergency, for which sufficient funds are not immediately available.(3) On application by the members of a private water trust the Minister may issue a certificate of limit of overdraft, in which must be named the purpose in respect of which the loan may be obtained and the limit of amount to be borrowed.(4) The sum to be stated in the certificate as the limit of the overdraft is in the discretion of the Minister, but must not exceed the estimated amount required for the purpose mentioned therein plus 10% of such amount.(5) The loan is subject to any conditions inserted by the Minister in the certificate, and the money borrowed is taken to be secured on the income of the trust and must be repaid within the time fixed in the certificate.(6) All sums received on account of a trust’s sinking fund must be carried by the Treasurer to a special account, to be called “The Water Supply Loan Redemption Fund”, and all other sums to the Consolidated Fund.(7) The members of a private water trust may on application by any ratepayer defer or suspend payment of rates by the ratepayer for such period or periods and on such terms and conditions as the Minister may approve.
(1) The members of a private water trust may for the more beneficial use or efficient distribution of the water supplied by the trust’s water supply works:(a) cease to supply water through any portion of the works in the water supply district or to any lands within such district, or(b) deviate the course of a water supply work or otherwise alter in any way the works in the water supply district.(2) Before taking any such action, the members must obtain the written consent of any ratepayer:(a) whose benefit from those works will be diminished by the action of the members, or(b) the supply of water or means of supply of water to whose lands will be affected,and must also obtain the written approval of the Minister of the members’ proposed action.(3) The members of a private water trust may cut off or withhold the supply of water to any land:(a) if any meter used to measure such supply or any outlet is out of repair or, in the opinion of the members, unsatisfactory for the expeditious or effective supply of water to such land, or(b) if, in the opinion of the members, such course is necessary owing to drought or any accident or other unavoidable cause, or(c) if the landholder or person requiring a supply of water neglects to comply with the lawful requirements of the members as to the installation of outlets or meters or instruments for measuring the quantity of water, or(d) if the landholder or person requiring a supply of water neglects to comply with any lawful requirements of the members to repair or alter water connections, outlets, channels, ditches, pipes, fittings or appliances connected to the water management works under the control of the members, or(e) if the landholder of the land fails to take such steps as may be necessary to ensure compliance with any order or public notice of the members requiring consumers of water to economise its use in time of drought or scarcity of supply, or(f) if any rates fixed and levied in respect of the land are, after the due date of payment, unpaid and approval to the supply of water to the land being cut off or withheld is given:(i) if the trust was constituted by 3 members, by the chairperson of the trust and all the elected members, or(ii) if the trust was constituted by 5 members, by the chairperson of the trust and a majority of the elected members.(4) If the Minister:(a) reduces or discontinues the supply of water to the members of a private water trust, or(b) directs the members of a private water trust:the members may reduce or cut off or withhold the supply of water to any land.(i) to reduce the quantity of water being taken or diverted by them from any water source, or(ii) to discontinue the taking or diverting of water from a water source,(5) The cutting off or withholding or reduction of the supply of water by the members of a private water trust under this section does not affect the liability of the ratepayer in respect of the rates on the land the supply of water to which has been cut off, withheld or reduced.
230 Power of members to enter and inspect
In the exercise of their functions, by themselves or their officers, the members of a private water trust may enter any land within the water supply district and make any inspection or survey they consider necessary, and effect repairs or alterations to any water management works, but in so doing must avoid, as far as practicable, causing any loss, injury or damage.
No compensation is payable in connection with a private water trust’s exercise of its functions under this Part.
(1) For the purpose of providing money in connection with the exercise of their functions under this Part, the members of a private water trust may fix and levy rates on the lands within the water supply district as follows:(a) in connection with the supply of water for stock purposes:(i) a rate per hectare of the land benefited by the water management works must be fixed, or(ii) if water is supplied down a natural channel, a rate per kilometre of the lands so benefited, measured according to the frontage to the channel, may be fixed,which rate may vary in proportion to the benefit received,(b) in connection with the supply of water for domestic purposes, a rate for each separate holding in the water supply district must be fixed, which rate may vary in proportion to the benefit received,(c) in connection with the construction and maintenance of flood works, a rate per hectare of the land benefited by the works must be fixed, which rate may vary:(i) according to the distance of the land from works for the prevention of floods or the control of flood waters, and(ii) in proportion to the benefit received,(d) in connection with irrigation, a rate must be levied on the land within the water supply district:(i) that is suitable for production under irrigation, and(ii) that is accessible to the works of the trust by means of recognised methods of irrigation.(2) If land is liable for rates under subsection (1) (d), the members of a private water trust may, in fixing the rate, fix different amounts for different parts of the land, having regard to:(a) the fact that any such part is or is not actually used for production under irrigation, or(b) the type of production under irrigation for which any such part is used.(3) In any case for which this section does not provide, a rate per hectare of the land benefited, directly or indirectly, by the works must be fixed yearly, and must, as far as practicable, be in proportion to the benefit received.(4) In the case of a supply for more than one purpose, separate rates may be fixed, calculated on the basis set out for each such purpose.(5) All rates are a charge on the land in respect of which they are levied and are payable by the landholder.(6) Any landholder aggrieved by the amount of a rate may appeal to the Local Court, which must hear and determine the matter, and may confirm or vary such amount.(7) If in any such appeal the Local Court reduces the amount at which the appellant is rated, it must increase the other ratings of the trust in such amounts as it thinks just, if it considers such course necessary, in order to secure that the total amount to be received by the trust for rates is not to be diminished by the reduction.(8) The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.
233 Supplementary rating powers
(1) If the members of a private water trust are unable to meet the cost of administration or of an extension or improvement of the works under their control or other liability, they may in writing petition the Minister to approve an increase in the maximum rate that may be assessed by them, and must set out in such petition the reasons for their request.(2) The Minister must inform the members whether or not the Minister is prepared to grant their petition and, if so, must inform them of the maximum rate that the Minister is prepared to approve.(3) The members must submit the proposed increase in maximum rate that the Minister is prepared to approve to a special general meeting of the voters of the trust (of which at least 14 days’ notice has been given in the prescribed manner).(4) The members must report to the Minister whether an affirmative or negative vote has been carried at the meeting.(5) If an affirmative vote has been cast the Minister must grant the petition of the members by notification sent to them and published in the Gazette, and thereafter the members may assess rates to the maximum approved by the Minister.
When a private water trust has any surplus water that is not required for the purpose for which the trust was constituted, the trust may sell the water, by measure or otherwise:(a) to any ratepayer for any other purpose, or(b) if no ratepayer requires it, to any other person.
(1) The members of a private water trust must submit to the Minister once every year, and at such other times as the Minister may direct, an audited statement of the accounts of the trust.(2) The Minister may, if of opinion that the audited statement is defective or unsatisfactory, appoint an auditor to prepare a proper statement of accounts, at the cost of the trust.
Division 5 Effect of new subdivisions
236 Supply of water to new holdings resulting from subdivisions
(1) If a holding is subdivided, a new holding resulting from the subdivision is not entitled to a supply of water from a private water trust’s water supply works until a date determined by the trust (not being a date earlier than the date on which the board became aware of the disposition of that new holding).(2) If rates for a period or year ending on 30 June, being the period or year during which the date determined by the trust under subsection (1) occurred, have not, before the date so determined, been levied in respect of the holding that was subdivided, the trust must levy the rates for the whole of that period or year in respect of each of the new holdings that resulted from the subdivision, and that was disposed of.
237 Additional works required as a result of subdivision
(1) The person who, immediately before the disposition of a new holding resulting from a subdivision of land within a private water trust’s water supply district, was the landholder of the holding (the previous landholder) must construct at his or her own cost such works as are necessary to provide:(a) means of conveying water to the new holding from the trust’s water supply works, and(b) means of access from roads to any works of the trust or any works provided for the purposes of paragraph (a) if that access would not be available except by crossing a channel of the water supply district, and(c) means of access across a channel of the water supply district to the new holding if that means of access is required by reason of the subdivision.(2) All works to be constructed under subsection (1) must be constructed before the new holding is disposed of or within such period after the disposition of the new holding as the trust may in any particular case allow.(3) All works constructed or to be constructed under subsection (1) must be constructed in accordance with the approval in writing of the trust in respect of location, design, form, dimensions and construction.(4) At the request of the previous landholder, the trust may undertake, at the landholder’s cost, the construction of any works required by this section.(5) The trust may construct such works as have not been constructed by the previous landholder, and any costs and expenses are payable to the trust either by the previous landholder or by the new landholder, as the trust may determine.(6) If any part of the costs and expenses referred to in subsection (5) is recovered by the trust from the new landholder, the new landholder may recover from the previous landholder the whole or that part of those costs or expenses, as the case may be.(7) On their completion, the control and management of any works constructed under this section is vested in the trust.
Division 5A Water entitlements
237A Water entitlements of landholders
(1) The members of a private water trust must, if requested to do so in writing by a landholder of a landholding within the water supply district of the trust to which water is supplied by the trust for irrigation, determine the landholder’s water entitlement.(2) The members of the trust must have regard to the following matters when determining the landholder’s water entitlement:(a) the nature of agricultural activities on the land,(b) the amount of water currently supplied to the landholder,(c) any present or past water sharing arrangements applicable to the landholder,(d) any other matter they consider relevant,(e) any other matter prescribed by the regulations.(3) A determination may specify the different parts of the landholder’s water entitlement that are available to the landholder for different purposes.(4) A determination must be in writing and comply with the requirements prescribed by the regulations. Notice of a determination must be given in writing by the members of the trust to the landholder.(5) A determination may be varied or redetermined only on a further application made by the landholder within 3 months of the determination or in the circumstances prescribed by the regulations.(6) A person must not participate in a determination of a landholder’s water entitlement if the person or a member of the person’s immediate family (within the meaning of the regulations) has an interest in the entitlement.
237B Transformation of landholder’s water entitlement
(1) The holders of an access licence for the water supply district of a private water trust may make an application under Division 4 of Part 2 of Chapter 3 for the purpose of wholly or partly transforming a landholder’s water entitlement into an access licence under this Act.(2) On transformation of the whole or part of a landholder’s water entitlement to an access licence:(a) the landholder is not entitled to vote (as a member of the trust or as a voting member in the water supply district) on any matter relating to the transformation of one or more other landholders’ water entitlements or the supply of water to landholders who have not transformed their water entitlements, and(b) the members of the trust and the trust may continue to exercise functions in relation to any works that are located on the landholding for which they exercised functions immediately before the transformation (whether or not the trust is to deliver the landholders’ water entitlement under the access licence or the landholding remains in the water supply district of the trust).(3) If the whole of a landholder’s water entitlement is transformed and the landholder does not have a right to the delivery of that water by the trust:(a) the landholder is not entitled to vote as a landholder within the water supply district of the trust, and(b) the trust must not fix rates and charges in respect of the landholder’s landholding for that water (other than termination charges).(4) The regulations may make provision for or with respect to:(a) other circumstances in which a landholder whose landholder’s water entitlement has been transformed ceases to be a voting member in the water supply district of the trust, and(b) the voting rights of landholders who have partially transformed their landholders’ water entitlements.(5) The members of a trust may require a landholder to provide security as a condition of consent to transformation of the whole or part of the landholder’s water entitlement, subject to the regulations.(6) Without limiting subsection (5), the following kinds of security may be required by the members of a trust:(a) a charge over a part of an irrigation right that is not transformed,(b) a charge over an access licence or other entitlement to water acquired by the person and resulting from the transformation,(c) a guarantee by an authorised deposit-taking institution,(d) a deposit lodged with the trust.(7) In addition to any other charges it may fix under this Part, the members of a trust may fix the following charges:(a) (Repealed)(b) charges payable by a landholder for the delivery of water after transformation of the whole or part of the landholder’s water entitlement.
238 Minister may remove members and Governor may dissolve trust
(1) In the event of any delay in the election of members of a private water trust or in the event of any default by members of a private water trust in the discharge of their duties under this Part or of the ratepayers failing to elect members, or the required number of members, the Minister may, by notification in the Gazette:(a) remove a member or members from office, and direct the election of another member or other members, or(b) remove a member or members (if any) and assume all of the functions of the members, and may appoint a manager of the affairs of the trust.(2) The Minister may at any time direct the election of members of a private water trust, and on such election all of the functions of the members are revested in the members.(3) (Repealed)(4) The regulations may make provision for or with respect to the winding up of a private water trust and for the disposal of any residual assets of the trust.(5) If the Governor is satisfied that the winding up of a private water trust has been completed under this section, the Governor may, by proclamation published in the Gazette, abolish the trust.
In addition to any other charge that they may fix under this Part, the members of a private irrigation trust may fix termination charges payable by a landholder or former landholder in connection with the trust ceasing to supply water to the landholder or former landholder (whether because of the transformation of the landholder’s water entitlement to an access licence or otherwise).
The regulations may make provision for or with respect to the following matters:(a) the election of members of a private water trust and the making and revision of the rolls of voters, and the mode of voting,(b) the intervals within which meetings of members of a private water trust must be held,(c) the procedure at such meetings,(d) the appointment, payment, and dismissal of officers and employees of a private water trust,(e) the fixing and notifying of rates,(f) the hearing of appeals,(g) prescribing the method or methods to be adopted to determine the quantity of water for which payment is to be made by the trust,(h) the keeping of the accounts of private water trusts,(i) regulating the payment to the Crown of interest and charges by private water trusts,(j) regulating special meetings of voters of a private water trust in pursuance of this Part.