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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 20 February 2020 at 18:31)
184   Additional works required as a result of subdivision
(1)  The person who, immediately before the disposition of a new holding resulting from a subdivision, was the landholder of the holding (the previous landholder) must construct at his or her own cost such works as are necessary to provide—
(a)  means of conveying water to the new holding from the private irrigation board’s water supply works and, if an allocation of water is made to the new holding for irrigation, means of measuring the water so supplied, and
(b)  means of access from roads to any works of the private irrigation district or any works provided for the purposes of paragraph (a) if that access would not be available except by crossing a channel of the private irrigation district, and
(c)  means of access across a channel of the private irrigation district to the new holding if that means of access is required by reason of the subdivision.
(2)  All works to be constructed under subsection (1)—
(a)  in respect of the supply of water to a new non-irrigated holding, must be constructed before the new holding is disposed of or within such period after the disposition of the new holding as the private irrigation board may in any particular case allow, and
(b)  in respect of the supply of water to a new irrigated holding, must be constructed within such period as the private irrigation board may, by notice in writing, have notified to the landholder of the holding that was subdivided.
(3)  All works constructed or to be constructed under subsection (1) must be constructed in accordance with the approval in writing of the private irrigation board in respect of location, design, form, dimensions and construction.
(4)  At the request of the previous landholder, a private irrigation board may undertake, at the landholder’s cost, the construction of any works required by this section.
(5)  A private irrigation board may construct such works as have not been constructed by the previous landholder, and any costs and expenses (including any compensation paid or payable by the board under Division 5 by reason of the construction of the works) are payable to the board either by the previous landholder or by the new landholder, as the board may determine.
(6)  If any part of the costs and expenses referred to in subsection (5) is recovered by the private irrigation board from the new landholder, the new landholder may recover from the previous landholder the whole or that part of those costs or expenses, as the case may be.
(7)  On their completion, the control and management of any works constructed under this section is vested in the private irrigation board.