Part 1Part 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.