224Variation of delivery determinations on application

224 Variation of delivery determinations on application

(1) An Authority may, on receiving an application to do so by the owner of a serviced property within the irrigation district of the Authority, vary a delivery determination that applies to that property by varying either or both the volumes at which and periods for which water is to be delivered to that property.

(2) On the making of a determination under subsection (1), the determination is deemed to have effect as so varied.

(3) In making a determination under subsection (1), the Authority must have regard to any matters set out in any conditions determination of the Authority.

(4) An owner of a serviced property may apply to an Authority for variation of a determination under subsection (1) in relation to that property.

(5) An Authority may refuse to make a determination under this section that reduces the level of service to the owner of a property unless the owner pays to the Authority an amount that the Authority reasonably believes represents the present value of fees that would otherwise be payable, under a tariff under section 259(1), by the owner of the property in respect of the irrigation service provided by the Authority before the variation.

S. 225 substituted by No. 99/2005 s. 61.