sec.435Provisions for making decision

### sec.435 Provisions for making decision Without limiting the Land Court’s jurisdiction, it may decide— if the dispute is about the terms of a make good agreement for a water bore—the terms of the agreement; or if the dispute is about the amount of the costs the resource tenure holder must reimburse the bore owner under section 423(3)(a)—to make a declaration about, or an order for the payment of, costs under that section; or if the dispute is about varying the terms of a make good agreement for a water bore under section 424 — whether a matter stated in the agreement is inappropriate for a reason stated in section 424 ; or the terms of any variation of the agreement; or if the dispute is about whether a party to a make good agreement for a water bore has complied with the agreement—whether anything must be done by a party to comply with the agreement. However, the Land Court may decide to vary a make good agreement for a water bore only to the extent the court considers the variation is appropriate to— address a material change in circumstances; or address a make good measure for the bore that is not effective; or provide for another effective and more efficient make good measure for the bore. Subject to subsection (2) , the Land Court may make any order it considers appropriate about the make good agreement for the water bore or to meet or enforce its decision. If the Land Court decides terms of a make good agreement for a water bore, the decision is taken to be a make good agreement for the bore. If the Land Court decides to vary a make good agreement for a water bore, the agreement as varied by the decision is, for this Act, taken to be the make good agreement for the bore. s 435 prev s 435 amd 2001 No. 75 s 69 ; 2003 No. 25 s 106 ; 2005 No. 19 s 109 om 2008 No. 34 s 714 pres s 435 ins 2010 No. 53 s 195 amd 2024 No. 33 s 181 (sec.435-ssec.1) Without limiting the Land Court’s jurisdiction, it may decide— if the dispute is about the terms of a make good agreement for a water bore—the terms of the agreement; or if the dispute is about the amount of the costs the resource tenure holder must reimburse the bore owner under section 423(3)(a)—to make a declaration about, or an order for the payment of, costs under that section; or if the dispute is about varying the terms of a make good agreement for a water bore under section 424 — whether a matter stated in the agreement is inappropriate for a reason stated in section 424 ; or the terms of any variation of the agreement; or if the dispute is about whether a party to a make good agreement for a water bore has complied with the agreement—whether anything must be done by a party to comply with the agreement. (sec.435-ssec.2) However, the Land Court may decide to vary a make good agreement for a water bore only to the extent the court considers the variation is appropriate to— address a material change in circumstances; or address a make good measure for the bore that is not effective; or provide for another effective and more efficient make good measure for the bore. (sec.435-ssec.3) Subject to subsection (2) , the Land Court may make any order it considers appropriate about the make good agreement for the water bore or to meet or enforce its decision. (sec.435-ssec.4) If the Land Court decides terms of a make good agreement for a water bore, the decision is taken to be a make good agreement for the bore. (sec.435-ssec.5) If the Land Court decides to vary a make good agreement for a water bore, the agreement as varied by the decision is, for this Act, taken to be the make good agreement for the bore. - (a) if the dispute is about the terms of a make good agreement for a water bore—the terms of the agreement; or - (b) if the dispute is about the amount of the costs the resource tenure holder must reimburse the bore owner under section 423(3)(a)—to make a declaration about, or an order for the payment of, costs under that section; or - (c) if the dispute is about varying the terms of a make good agreement for a water bore under section 424 — (i) whether a matter stated in the agreement is inappropriate for a reason stated in section 424 ; or (ii) the terms of any variation of the agreement; or - (i) whether a matter stated in the agreement is inappropriate for a reason stated in section 424 ; or - (ii) the terms of any variation of the agreement; or - (d) if the dispute is about whether a party to a make good agreement for a water bore has complied with the agreement—whether anything must be done by a party to comply with the agreement. - (i) whether a matter stated in the agreement is inappropriate for a reason stated in section 424 ; or - (ii) the terms of any variation of the agreement; or - (a) address a material change in circumstances; or - (b) address a make good measure for the bore that is not effective; or - (c) provide for another effective and more efficient make good measure for the bore.