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Contents (2000 - 92)
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Water Management Act 2000 No 92
Current version for 1 November 2019 to date (accessed 29 February 2020 at 12:26)
Chapter 4 Part 2 Division 5
Division 5 Compensation
162   No compensation for surveys on land within private irrigation district
(1)  A person is not entitled to compensation by reason of—
(a)  any water supply works becoming works of which a private irrigation board has the control, use or maintenance, or
(b)  the exercise by a private irrigation board of any of the powers of entry conferred on it by this Part on any lands within the private irrigation district of that board.
(2)  Subsection (1) (a) has effect subject to any terms and conditions embodied in a decision of the Land and Environment Court.
163   Compensation for surveys on lands outside private irrigation district
Compensation is payable by a private irrigation board for all damage sustained by any person as a result of a board’s exercise of its power to carry out surveys on lands outside its private irrigation district.
164   Compensation where private irrigation board constructs or takes over works
(1)  Compensation assessed in accordance with this Division is payable if a private irrigation board exercises its powers to construct or take over any water supply works.
(2)  Compensation is not payable by a private irrigation board in respect of the repair, operation or maintenance of any water supply work except in relation to damage caused by negligence and except where, in repairing, operating or maintaining any such work or works, the board causes damage to any lands outside its private irrigation district.
(3)  If immediately before the control and management of any water supply work becomes vested in a private irrigation board under this Part there was in force a legally binding agreement or arrangement between the person who then had the control and management of the work and some other landholder of land in the board’s private irrigation district (being an agreement or arrangement under which that other person was entitled to exercise any powers in relation to that work)—
(a)  that agreement or arrangement is taken to be an agreement or arrangement between that board and that other person, and
(b)  any compensation to which that other person may be entitled under this Division must be assessed, having regard to his or her obligations under that agreement or arrangement.
165   Determination of amount of compensation
If compensation is payable under this Division, the amount of compensation must be determined—
(a)  by agreement between the private irrigation board and the person entitled to claim compensation, or
(b)  if such an agreement has not been reached, by the Land and Environment Court in accordance with the provisions of this Division.
166   Recovery of compensation
Any amount payable to a claimant as compensation in accordance with this Division may be recovered from the private irrigation board as a debt in any court of competent jurisdiction.