23Restrictions on use of certain land in irrigation areas

#### 23 Restrictions on use of certain land in irrigation areas 23 Restrictions on use of certain land in irrigation areas > > (1) This clause applies to an irrigation farm lease or a non-irrigable lease (as referred to in clause 6 of Part 2 of Schedule 2 to the [Crown Lands (Continued Tenures) Act 1989](/view/html/repealed/current/act-1989-007)). > > > (2) The land under the lease must not be used to plant any of the following if a condition prohibiting it was attached to the land immediately before the commencement of clause 6 of Part 2 of Schedule 2 to the [Crown Lands (Continued Tenures) Act 1989](/view/html/repealed/current/act-1989-007)— > > > > > (a) an area of orchard or vineyard to a greater extent than 5,000 square metres or, if some other area is specified in the conditions attached to the land, that other area, > > > > > (b) any fruit trees, vines or plantings or a specified class of fruit trees, vines or plantings, > > > > > (c) an area of fruit trees, vines or plantings, or an area of a specified class of fruit trees, vines or plantings, in excess of a specified area. > > > (3) Subclause (2) does not prevent planting in accordance with an approval or consent that is given as provided by the condition.