229Declaration that property not to be serviced property

229 Declaration that property not to be serviced property (1) An owner of a serviced property in an irrigation district may apply to the Authority for that district for a declaration under subsection (2). (2) On receiving an application under subsection (1), the Authority may, by notice in writing, declare the serviced property to which the application relates to cease to be a serviced property. (3) An Authority must refuse an application under subsection (1) if the consent of any one of the recorded mortgagees of the serviced property has not been obtained to the application. (4) A notice under subsection (2) must be given to the owner of the property. (5) The notice must— (a) specify the serviced property to which it applies; and (b) fix a date on and from which the land must be taken to not to be a serviced property for the purposes of this Act. (6) An Authority may refuse to make a declaration under this section unless the owner of the property pays to the Authority an amount that the Authority reasonably believes represents the present value of fees that would otherwise be payable by the owner of the property in respect of the irrigation service provided by the Authority under a tariff under section 259(1). (7) This section does not affect the power of an Authority to make a declaration under section 144. S. 230 substituted by No. 99/2005 s. 61.