Water Management Act 2000 No 92
Historical version for 1 January 2006 to 16 March 2006 (accessed 22 November 2014 at 21:15) Current version
Chapter 4Part 2

Part 2 Private irrigation districts

Division 1 Preliminary

139   Application of Part

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.

140   Definitions

In this Part:

irrigated holding means a holding in respect of which water is supplied by a private irrigation board for irrigation.

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

(1)  Nothing in this Part authorises a private irrigation board to take water otherwise than in accordance with an access licence and water supply work approval held by the board.
(2)  Nothing in this Part authorises a landholder of land within a private irrigation district to use water otherwise than in accordance with a water use approval held by the private irrigation board.

Division 2 Private irrigation districts

142   Petition

(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 a local 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 a local 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

148   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.

153   Employees

(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

154   Authorised sites

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 a local 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.

159   Taking over works

(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.

160   Transfer of lands

(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.

161   Power of entry

(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.

Division 5 Compensation

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.

166   Recovery of compensation

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 special 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.

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.

173   Charge on land

(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.

174   Abandonment of rates

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.

175   Assessment book

(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.

Division 7 Supply of water

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.

177   Supply of water

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.

181   Sale of surplus water

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

185   General meeting

(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.

186   Voting rights

(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.

Division 10 Finance

187   Books of account

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).

188   Accounts to be rendered

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.

189   Banking of money

(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.

190   Temporary accommodation

(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 11 Miscellaneous

191   Delegation

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.

194   Recovery of rates

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.

196   By-laws

(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.
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