1991—No. 452 (NSW)

1991—No. 452

IRRIGATION ACT 1912—REGULATION

(Irrigation Areas (Water Supply) Regulation 1991)

NEW SOUTH WALES

[Published in Gazette No. 121 of 30 August 1991]

HIS Excellency the Governor, with the advice of the Executive Council,
and in pursuance of the Irrigation Act 1912, has been pleased to make the

Regulation set forth hereunder.

ROBERT WEBSTER

Minister for Natural Resources.

PART 1—PRELIMINARY

Citation

1. This Regulation may be cited as the Irrigation Areas (Water Supply) Regulation 1991.

Commencement

2. This Regulation commences on 1st September, 1991.

Application

3. This Regulation applies to all irrigation areas other than the

Coleambally irrigation area and the Tullakool irrigation area.

Definitions

4. In this Regulation:

“irrigation area” means an irrigation area constituted under the

Murrumbidgee Irrigation Act 1910 or the Irrigation Act 1912;

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“Ministerial Corporation” means the Water Administration Ministerial Corporation constituted by the Water Administration Act

1986;

“occupier” means a person holding under any tenure any land in an

irrigation area;

“the Act” means the Irrigation Act 1912.

PART 2—SUPPLY OF WATER

Applications for Water

5. (1) An occupier requiring a supply of water is (if required to do so by the Ministerial Corporation) to apply in the manner and. within the time specified by the Ministerial Corporation.

(2) An application may be made by a person on an occupier’s behalf if authorised by the occupier in writing.

(3) The Ministerial Corporation may, subject to the Act, refuse or approve such an application.

Supply of water

6. (1) Water may be supplied to land by the Ministerial Corporation unconditionally or subject to conditions made known to the occupier of the land.

(2) If the supply of water is required for rice growing, the conditions of supply may include conditions regarding the area and location of the land. on which rice may be grown.

(3) An occupier must comply with any conditions attaching to a supply of water.

Payment of charges

7. (1) An occupier is to be notified, by means of a notice of assessment, of:

(a)	the annual charges fixed by the Ministerial Corporation for the current year; and
(b)	the amount payable by the occupier for water supplied to the occupier’s land for the period to which the notice relates.

(2) The amount specified in the notice is to be paid to the Ministerial
Corporation on or M o r e the date for payment specified in the notice,

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which date must not be less than 28 days after the date of issue of the
notice.

(3) If land first becomes subject to an annual charge after 1 July in any year, the amount of the charge is to be apportioned, for the period from the date from which the land becomes subject to the charge until 30 June next following, on the basis of such proportion of the charge as that period bears to the whole year.

Land preparation
8. An occupier of land must prepare and maintain water reticulation works within the land which are, to the satisfaction of the Ministerial Corporation, of a sufficient standard to ensure that water delivered on to the land is properly controlled and efficiently used.

Maximum penalty: $1,000.

Use of water

9. (1) If the Ministerial Corporation requires an occupier to apply for a

supply of water, the occupier must use the water supplied for the purpose,
and on the land, specified in the application.

(2) An occupier of land:

(a) must not allow water delivered on to the land to be wasted; and

(b) must comply with any Ministerial Corporation requirements regarding the construction and maintenance of internal drains and connections to the Corporation’s drainage works and the time and manner of discharge of surface or sub-surface drainage water from the land into those works.

Maximum penalty (subclause (2)): $1,000.

Alteration of sate of delivery

10. An occupier of land must not, without the written approval of the Ministerial Corporation, construct or use any work within the land if the work is likely to have the effect of altering the rate of delivery of water

on to the land.

Refusal to supply water

11. (1) The Ministerial Corporation may refuse to supply water, or

may discontinue the supply of water, to any land:

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(a) if, in the opinion of the Ministerial Corporation, the supply or continuance of supply is likely to injure the land; or

(b) if the occupier has failed to make adequate provision:

(i)  for the drainage of surplus water into the drainage works provided by the Ministerial Corporation for that purpose; or

(ii)  if no such drainage works have been provided, for the retention of surplus water on the land in an appropriate manner; or

(c) if the occupier fails to comply with a provision of this Part or of any condition attaching to a supply of water.

(2) A refusal to supply or a discontinuation of supply:

(a)	does not relieve an occupier from liability for payment for any water rights or for any water supplied; and
(b)	does not prevent the Ministerial Corporation from proceeding against an occupier for an offence against the Act or this Regulation.

PART 3—REPEALS

Rep ea ls

12. The following Regulations are repealed:

Buronga (Supply of Water for Irrigation) Regulations;
Coomealla (Supply of Water for Irrigation) Regulations;
Coomealla (Surface Drainage System) Regulations;
Coomealla (Deep Drainage System) Regulations;
Yanco and Mirrool (Supply of Water for Irrigation) Regulations;

Yanco and Mirrool (Supply of Water for Special Purposes)

Regulations.

NOTE

TABLE OF PROVISIONS

PART 1—PRELlMINARY

1. Citation
2. Commencement
3. Application

4. Definitions

PART 2—SUPPLY OF WATER

5. Applications for water
4. Supply of water

1991—No. 452

7. Payment of charges
8. Land preparation

9.    Use of water

1. Alteration of rate of delivery

11. Refusal to supply water

PART 3—REPEALS

12. Repeals

EXPLANATORY NOTE

The object of this Regulation is to repeal and remake, in a single regulation, 6 regulations relating to the supply of water to land in the Buronga, Coomealla, Yanco and Mirrool irrigation areas. The new Regulation deals with:

• the supply of water in the irrigation areas and payment of charges for supplies of water;

• conditions attaching to supplies of water;
• refusal of supplies of water in certain circumstances.

This Regulation is made in connection with the staged repeal of subordinate legislation under Part 3 of the Subordinate Legislation Act 1989.