244Community drainage and salinity schemes

244 Community drainage and salinity schemes (1) In this section and sections 245 and 246— ***committee*** means a committee set up under a community agreement to act on behalf of participating landowners; S. 244(1) def. of *community agreement* substituted by No. 62/1995 s. 35(1). ***community agreement*** means an agreement by which a group of landowners voluntarily establishes— (a) a community drainage or salinity mitigation scheme to combat drainage or salinity problems in their area; or (b) a community water supply scheme whose primary purpose is to supply water to farms. (2) A community agreement must— (a) describe in detail the works to be constructed, altered or maintained and their location; and (b) clearly identify the land affected by the scheme; and (c) provide for the establishment of a committee. S. 244(3) substituted by No. 85/1998 s. 24(Sch item 66.10). (3) A community agreement must be taken to be capable of being registered under the **Transfer of Land Act 1958** and has no effect until it is recorded in the Register under that Act. (4) A community agreement referred to in subsection (3) is binding on the successors in title of the parties on registration under the **Transfer of Land Act 1958**. S. 244(4A) inserted by No. 50/1992 s. 8(2). (4A) If requested to do so by a party to a community agreement referred to in subsection (3), the Registrar of Titles must, in registering the agreement, do both or either of the following— (b) register the agreement by recordings in the relevant folio of the Register only. S. 244(5)(6) repealed by No. 85/1998 s. 24(Sch item 66.11). S. 244(7) amended by Nos 50/1992 s. 10(Sch. item 11.28), 49/1994 s. 5(1)(g)(i), 62/1995 ss 34(2), 35(2), 85/1998 s. 24(Sch. item 66.12). (7) The committee set up under a community agreement must, within 30 days after the agreement is lodged for registration under subsection (3), lodge a copy of that agreement with any Authority in whose district (being a district described in a column of item 102 of Schedule 12) and any council in whose municipal district land affected by a community drainage or salinity mitigation or community water supply scheme is situated. S. 244(8) amended by No. 85/1998 s. 24(Sch item 66.13). (8) If the scheme involves— S. 244(8)(a) amended by Nos 50/1992 s. 10(Sch. item 11.29), 49/1994 s. 5(1)(g)(ii). (a) the outfall of the scheme's drain to works of an Authority, the consent of that Authority must be obtained; and (b) the construction of a drain across a road reserve, the consent of the municipal council in whose municipal district the road reserve is situated must be obtained— before the agreement is registered. S. 244(9) inserted by No. 85/1998 s. 24(Sch item 66.14). (9) The amendment of this section by section 24 of the **Transfer of Land (Single Register) Act** **1998** does not affect the operation, effect or enforcement of a community agreement registered under the **Property Law Act 1958** before the commencement of that section 24 and existing immediately before that commencement.