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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. 1
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 Clause 7 Repeal of Act This clause details that this Act is repealed 90 days from the date of commencement. 2