{"id":"nsw:sl-1999-0547","name":"Hay Private Irrigation District Board of Management (Water Rights) By-law 1999","slug":"hay-private-irrigation-district-board-of-management-water-rights-by-law-1999","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"547 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179139,"registerId":"nsw-nsw:sl-1999-0547-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of By-law","content":"#### 1 Name of By-law\n\n1 Name of By-law\n\n> This By-law is the [Hay Private Irrigation District Board of Management (Water Rights) By-law 1999](/view/html/inforce/current/sl-1999-0547).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this By-law:\n> \n> Board means the Board of Management of the Hay Private Irrigation District.\n> \n> the Act means the Private Irrigation Districts Act 1973.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"#### 3 Notes\n\n3 Notes\n\n> The explanatory note and table of contents do not form part of this By-law.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application for surrender of water entitlement","content":"#### 4 Application for surrender of water entitlement\n\n4 Application for surrender of water entitlement\n\n> > (1) The owner of an irrigated holding may apply to the Board for approval to surrender the whole or any part of an entitlement to water allocated to that holding for irrigation under the Act or this By-law.\n> \n> > (2) An application under subclause (1) must:\n> > \n> > > (a) be made in writing, and\n> > \n> > > (b) set out the applicant’s reasons for making the application, and\n> > \n> > > (c) specify the quantity of water proposed to be surrendered.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Determination of application for surrender of water entitlement","content":"#### 5 Determination of application for surrender of water entitlement\n\n5 Determination of application for surrender of water entitlement\n\n> > (1) The Board may:\n> > \n> > > (a) refuse an application made under clause 4, or\n> > \n> > > (b) defer the application until the quantity of water to be surrendered can be allocated to another irrigated holding under clause 7, or\n> > \n> > > (c) approve the application on such conditions, if any, as it may consider appropriate.\n> \n> > (2) Without limiting subclause (1), the Board may:\n> > \n> > > (a) refuse the application if it does not consider that the applicant’s reasons for making the application are sufficient, or\n> > \n> > > (b) approve the application in respect of part only of the quantity of water proposed to be surrendered.\n> \n> > (3) If the Board approves an application made under clause 4, it must re-determine the quantity of water allocated for irrigation to the applicant’s holding in accordance with its approval.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application for additional quantity of water","content":"#### 6 Application for additional quantity of water\n\n6 Application for additional quantity of water\n\n> > (1) The owner of an irrigated holding may apply to the Board for the allocation of an additional quantity of water to the holding for irrigation.\n> \n> > (2) An application under subclause (1) must:\n> > \n> > > (a) be made in writing, and\n> > \n> > > (b) set out the applicant’s reasons for making the application, and\n> > \n> > > (c) specify the quantity of additional water required, and\n> > \n> > > (d) set out how the applicant proposes to use the additional quantity of water.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Determination of application for additional quantity of water","content":"#### 7 Determination of application for additional quantity of water\n\n7 Determination of application for additional quantity of water\n\n> > (1) The Board may:\n> > \n> > > (a) refuse an application made under clause 6, or\n> > \n> > > (b) defer the application until the additional quantity of water to be allocated is available from a quantity of water surrendered pursuant to an application made under clause 4, or\n> > \n> > > (c) approve the application on such conditions, if any, as it may consider appropriate.\n> \n> > (2) Without limiting subclause (1), the Board may:\n> > \n> > > (a) refuse the application on the ground that it does not consider that the applicant can utilise any additional quantity of water for irrigation on the applicant’s irrigated holding, or\n> > \n> > > (b) approve the application in respect of part only of the additional quantity of water specified in the application.\n> \n> > (3) If the Board approves an application made under clause 6, the Board must:\n> > \n> > > (a) on payment to the Board by the applicant of a sum of money calculated at the rate determined by the Board for the purpose of re-determinations of the allocation of water for irrigation under this By-law, and\n> > \n> > > (b) on construction by the applicant of such works, if any, as the Board may consider necessary to enable the increased supply of water to be delivered to the applicant’s holding, or payment to the Board by the applicant of the cost to the Board of constructing those works,\n> > \n> > re-determine the quantity of water allocated for irrigation to the applicant’s holding in accordance with its approval.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Payment to owners surrendering water entitlement","content":"#### 8 Payment to owners surrendering water entitlement\n\n8 Payment to owners surrendering water entitlement\n\n> > (1) If the Board receives a sum of money under clause 7 (3) (a), the Board must as soon as practicable pay that sum of money to the owner of the irrigated holding who surrendered the entitlement to the quantity of water for which the money was paid, less a service fee determined by the Board and any amount owed by the owner to the Board.\n> \n> > (2) If the Board is, pursuant to subclause (1), required to pay a sum of money to 2 or more owners of irrigated holdings, the Board must divide that sum of money among those owners in the same proportion as the quantity of water surrendered by each owner bears to the total quantity of water surrendered.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Re-determination of water allocation","content":"#### 9 Re-determination of water allocation\n\n9 Re-determination of water allocation\n\n> A re-determination of the quantity of water allocated to an irrigated holding pursuant to an application made under clause 4 or 6 has effect on and from a date specified in the instrument by which the re-determination is made.","sortOrder":8}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The by-law appears focused on its original purpose of managing water rights transfers within the Hay Private Irrigation District. It establishes a clear surrender and reallocation mechanism without significant expansion beyond this core function."},"complexity_factors":["Only 2 defined terms in the interpretation section","Linear structure with no cross-references to external legislation beyond the parent Act reference","Simple conditional logic (if approved, then pay/build works)","No nested exceptions or complex provisos","Short document (9 clauses) with straightforward procedural steps","Clear sequential flow: application → determination → payment/re-determination"],"plain_english_summary":"This by-law sets out the rules for farmers in the Hay Private Irrigation District (in New South Wales) to give up or get extra water rights.\n\n**What it does:**\n- **Surrendering water:** Farmers who own irrigated land can apply to give back some or all of their water entitlement (their legal right to use a certain amount of water). They must explain why in writing. The Board can refuse, delay, or approve the request with conditions.\n- **Getting extra water:** Farmers can apply for more water. They must explain why they need it and how they'll use it. The Board can refuse, wait until someone else surrenders water, or approve with conditions. If approved, the farmer must pay a fee and build (or pay for) any necessary delivery works.\n- **Money flow:** When someone pays for extra water, that money goes to the farmer who surrendered that water (minus a service fee and any debts owed to the Board). If multiple farmers surrendered water, the money is split proportionally.\n- **Timing:** Changes to water allocations take effect from a date set by the Board.\n\n**Who it affects:**\n- Owners of irrigated land in the Hay Private Irrigation District\n- The Board of Management that runs the district\n\n**Why it matters:**\nThis creates a simple market mechanism for trading water within the district. It lets farmers who don't need their full water allocation sell it to farmers who need more, with the Board acting as the intermediary to ensure the system works fairly and infrastructure is properly managed."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The by-law implements procedural rules for surrendering and reallocating water entitlements under the Private Irrigation Districts Act 1973. It defines application, decision, payment and re‑determination mechanics but does not itself amend the Act or expand statutory categories of entitlement."},"complexity_factors":["Board has broad discretion to approve, refuse or defer applications (clauses 5(1), 7(1))","Formal application requirements: written form, stated reasons and specified quantities (clauses 4(2), 6(2))","Conditional approvals and partial approvals possible (clauses 5(2)(b), 7(2)(b))","Interdependence between surrender and allocation decisions (deferral until surrendered water is available) (clauses 5(1)(b), 7(1)(b))","Financial and practical obligations on applicants for additional water: fee for re‑determination and construction or payment for works (clause 7(3))","Payment distribution rules and Board service fee/deductions when surrendered‑water monies are received (clause 8)","Re‑determination takes effect from a date set in the instrument (clause 9), creating timing consequences for users"],"plain_english_summary":"This by-law sets the process for owners in the Hay Private Irrigation District to either surrender some or all of their irrigation water entitlement or apply for additional water. The Board of Management decides whether to approve, refuse or defer applications and re‑determines allocations (with an effective date specified in the instrument). Applicants must apply in writing with reasons and quantities; extra water may require payment of a re‑determination fee and construction (or payment) of works. Payments for surrendered water go to prior owners less Board fees and debts."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The scope technically changed when the by-law was deemed to have been made under the Water Management Act 2000 from 1 January 2001. While the practical effect on irrigators may have remained similar, the legal authority underpinning the by-law shifted to a broader and more modern water management framework, potentially expanding the regulatory context in which it operates."},"complexity_factors":["Substantive provisions of the by-law are not included in the provided text, limiting full analysis","Involves a legislative transition — the by-law shifted from one parent Act (Private Irrigation Districts Act 1973) to another (Water Management Act 2000) via a savings clause in Schedule 9, which adds a layer of interpretive complexity","Operates within a broader NSW water law framework requiring cross-referencing of multiple Acts","Limited to a narrow geographic and administrative context (Hay Private Irrigation District), reducing general complexity"],"plain_english_summary":"The Hay Private Irrigation District Board of Management (Water Rights) By‑law 1999 is a local by‑law setting the rules for water rights and irrigation within the Hay Private Irrigation District in NSW. It affects irrigators, farmers and landowners there and is enforced by the district’s Board. Made under the Private Irrigation Districts Act 1973, it was carried over as if made under the Water Management Act 2000 from 1 Jan 2001."}},"importantCases":[],"_links":{"self":"/api/acts/hay-private-irrigation-district-board-of-management-water-rights-by-law-1999","history":"/api/acts/hay-private-irrigation-district-board-of-management-water-rights-by-law-1999/history","analysis":"/api/acts/hay-private-irrigation-district-board-of-management-water-rights-by-law-1999/analysis","conflicts":"/api/acts/hay-private-irrigation-district-board-of-management-water-rights-by-law-1999/conflicts","importantCases":"/api/acts/hay-private-irrigation-district-board-of-management-water-rights-by-law-1999/important-cases","documents":"/api/acts/hay-private-irrigation-district-board-of-management-water-rights-by-law-1999/documents"}}