South-East Irrigation Water District Stage 2 By-laws 2004
The Rivers and Water Supply Commission, with the approval of the Minister and the consent of the Administrator, makes the following by-laws under the Irrigation Clauses Act 1973 .
PART 1 - Preliminary
These by-laws may be cited as the South-East Irrigation Water District Stage 2 By-laws 2004 .
These by-laws take effect on 1 January 2005.
In these by-laws –Water District means the South-East Irrigation Water District Stage 2 specified in Schedule 3 to the proclamation under the Water Act 1957 notified in the Gazette on 8 December 1999 as Statutory Rules 1999, No. 149.
PART 2 - Supply of Water
4. Supply of water for irrigation
(1) The undertakers are to supply water for irrigation to the owner or occupier of land in the Water District under the system of –(a) irrigation rights during each irrigation season; and(b) general availability outside the irrigation season.(2) A person supplied with water under subclause (1) is to take the water at a time, in a quantity and at a rate determined by the undertakers.
5. Notice of irrigation season
(1) The undertakers, by notice published in a newspaper circulating in the Water District, are to specify –(a) the commencement date of an irrigation season; and(b) the closing date of an irrigation season.(2) The notice is to be published not later than 7 days before the commencement date specified in the notice.
The undertakers are to cause a meter to be read –(a) as soon as practicable –(i) before the commencement date of the irrigation season; and(ii) after the closing date of the irrigation season; and(b) at any other time the undertakers consider appropriate.
The undertakers may issue an account to a person supplied with water under clause 4(1) for the payment of rates and charges on that water at any interval the undertakers determine.
(1) A person supplied with water under clause 4(1) is to pay rates and charges on that water –(a) on the day specified in the account; or(b) on demand, if no date is specified in the account.(2) Rates and charges are to be paid to the undertakers at a place for payment specified in the account.
PART 3 - Miscellaneous
(1) A person supplied with water under clause 4(1) may request the undertakers to arrange for a meter to be tested.(2) The undertakers may –(a) agree to the request for the meter to be tested; or(b) refuse that request.
(1) A meter is to be tested by –(a) if the person who requested the test consents, a person employed by the undertakers for that purpose; or(b) a suitably qualified person not employed by the undertakers.(2) A copy of the results of a test is to be forwarded to the person who requested the test.
(1) If the results of a test of a meter indicate a margin of error not exceeding 5% –(a) the person who requested the test is to pay the costs incurred in testing the meter; and(b) the account of the person is not to be adjusted.(2) If the results of a test of a meter indicate a margin of error exceeding 5% –(a) the person who requested the test is not required to pay the costs incurred in testing the meter; and(b) the account of the person is to be adjusted proportionately to the ratio of the margin of error.
(1) A person is to submit to the undertakers for approval details of any proposed construction work that is connected with the taking of water under the system of irrigation rights.(2) The undertakers may –(a) grant the approval of the details of the proposed construction work; or(b) refuse to grant the approval.(3) The undertakers may determine that water is not to be supplied to a person who commenced construction work that is connected with the taking of water under the system of irrigation rights if approval is not granted.
(1) The undertakers are to establish a register of all land in the Water District.(2) The register is to include the following:(a) a description of the land;(b) the name and address of the owner or occupier of the land;(c) the total area of the land in hectares;(d) the area of land, in hectares, that is fit for irrigation;(e) the annual irrigation right in megalitres.(3) The undertakers may alter the register –(a) if there is a change in ownership or occupancy of land; or(b) if land that was previously fit for irrigation has become unfit for irrigation; or(c) if land that was previously unfit for irrigation has become fit for irrigation; or(d) to correct an error or omission.
These by-laws were made by the undertakers, the Rivers and Water Supply Commission, at a meeting held on 23 November 2004.
The common seal of the Rivers and Water Supply Commission was affixed on 25 November 2004, in the presence of –
G. S. ASHTON-JONES
Chairman
P. F. WILLIAMS
Secretary
These by-laws were consented to by me in Executive Council on 13 December 2004.
PETER G. UNDERWOOD
Administrator
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 22 December 2004
These by-laws are administered by the Rivers and Water Supply Commission.
EXPLANATORY NOTE
(This note is not part of the bylaw)
These by-laws –(a) regulate the supply of water for irrigation to owners or occupiers of land in the South-East Irrigation Water District Stage 2; and(b) are made consequentially on the repeal of the South East Irrigation Water District Stage II By-laws 1991 by the Subordinate Legislation Act 1992 .