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).

(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—

(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.