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.