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Contents (2000 - 92)
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Water Management Act 2000 No 92
Current version for 1 April 2019 to date (accessed 20 June 2019 at 09:40)
Chapter 4 Part 2 Division 2
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 the authorised manner.
(4)  Such a notice may not be published unless: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 the authorised manner.
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.