72Additional public right to which aquaculture lease is subject

72 Additional public right to which aquaculture lease is subject

72 Additional public right to which aquaculture lease is subject

(1) The right of the owner or lawful occupier of land adjoining a leased area to drain the surface water off the land onto the area is a recognised right for the Act, section 164(3).

(2) A lessee is not entitled to compensation for damage to the leased area or to stock on the area caused by the reasonable exercise of the owner’s or lawful occupier’s right.

(3) To avoid doubt, this section does not apply to water accumulated—

(a) by an act of the owner or lawful occupier of land adjoining a leased area, or

(b) by an act of an agent of the owner or lawful occupier of land adjoining a leased area, or

(c) as a result of works on the land carried out by or with the approval of the owner or lawful occupier.