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Irrigation Clauses Amendment Bill 2010
Clause Notes
PART 1 PRELIMINARY
Clause 1 Short Title
Clause 2 Commencement
This Bill will commence on the day on which this Act
receives the Royal Assent.
PART 2 IRRIGATION CLAUSES ACT 1973 AMENDED
Clause 3 Principal Act
The Principal Act referred to in this Part is the Irrigation
Clauses Act 1973
Clause 4 Section 23 amended (Right to a supply for irrigation)
Subsection (2) is broadened to enable the undertakers to
grant irrigation rights to both occupiers and
non-occupiers of land in an irrigation district.
Subsection (2A) provides for the granting to
non-occupiers once the Minister has made a declaration
under Subsection (2B).
Subsection (2B) details that the Minister may declare
that the `undertakers' (the responsible water entity), may
subject to any conditions, grant irrigation rights to
persons who are not occupiers of land in an irrigation
district.
Subsection (2C) states that non-occupiers who are
granted irrigation rights can nominate land within the
water district to which water is to be supplied in
accordance with that right.
Subsection (3A)(b) is amended by omitting the
requirement for the grant of an irrigation right to be
subject to provisions pertaining to the occupation of land
by the holder of the right.
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Clause 5 Section 31 amended (Connection to persons entitled
to supply)
Subsection (1) is broadened to include requests for
connections to the undertaker's supply network from
non-occupiers of land who hold irrigation rights. The
non-occupiers who were granted rights in accordance
with section 23(2C) may nominate land in the district to
be supplied with water.
Clause 6 Section 48 amended (Payment under system of
irrigation rights)
Subparagraph (ii) in subsection (3)(b) broadens the
liability for payment for water supply to extend to those
non-occupiers who hold irrigation rights if they have
nominated land in accordance with section 23(2C).
Subsection (4)(c) is amended by clarifying that charges
on land relate only to land occupied by persons who hold
irrigation rights.
Clause 7 Repeal of Act
This clause details that this Act is repealed 90 days from
the date of commencement.
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