23Right to a supply for irrigation

23 Right to a supply for irrigation

(1)  The right to a supply of water for irrigation may be –

(a) under the system of irrigation rights; or

(b) under the system of general availability.

(2)  [Section 23 Subsection (2) amended by No. 30 of 2001, s. 4, Applied:30 May 2001] [Section 23 Subsection (2) amended by No. 46 of 1997, s. 7, Applied:11 Nov 1998] [Section 23 Subsection (2) substituted by No. 21 of 2010, s. 4, Applied:14 Oct 2010] Under the system of irrigation rights, the undertakers may –

(a) grant to the occupiers of any land in the water district, and their successors, a right to be supplied in each irrigation season with a certain quantity of water for irrigation of the land; and

(b) grant to persons (other than occupiers of land in the water district), and their successors, a right to be supplied in each irrigation season with a certain quantity of water for distribution to land, within the water district, that is nominated under subsection (2C) from time to time by the persons or their successors.

(2A)  [Section 23 Subsection (2A) inserted by No. 21 of 2010, s. 4, Applied:14 Oct 2010] An irrigation right may only be granted under subsection (2)(b) by the undertakers for a water district if –

(a) the Minister has made a declaration under subsection (2B) in relation to the water district; and

(b) the irrigation right may, in accordance with the conditions, if any, specified in the declaration, be granted.

(2B)  [Section 23 Subsection (2B) inserted by No. 21 of 2010, s. 4, Applied:14 Oct 2010] The Minister may, by notice to the undertakers for a water district, declare that the undertakers have, on the conditions, if any, specified in the notice, the right to grant irrigation rights to persons who are not occupiers of land in the water district.