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 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.
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.