226DIrrigation entity may delegate functions

226D Irrigation entity may delegate functions

[Section 226D Inserted by No. 36 of 2023, s. 17, Applied:11 Dec 2023]

(1)  Subject to section 226E , if an eligible body makes an application in accordance with section 226C to an irrigation entity, the irrigation entity may –

(a) delegate, to the eligible body, any or all of the functions of the irrigation entity in relation to a specified irrigation district, including a function that has been delegated to the irrigation entity by the Minister under section 10(1)  but not including the following powers:

(i) the power to make by-laws in relation to the specified irrigation district;

(ii) this power of delegation; or

(b) refuse to make such a delegation.

(2)  A delegation made in accordance with subsection (1)(a) by an irrigation entity –

(a) is to be in writing; and

(b) is to specify the functions to which the delegation relates, or specify that the delegation relates to all of the functions of the irrigation entity (other than the power to make by-laws or to delegate); and

(c) is to specify any valid contractual obligations, regarding the provision of water in the irrigation district to which the delegation relates, that must be upheld by the irrigation delegate; and

(d) may be made subject to any terms or conditions, relating to the functions of the irrigation entity, that the irrigation entity thinks fit.

(3)  The matters to which a term, or condition, of a delegation to an irrigation delegate, made by an irrigation entity in relation to an irrigation district, referred to in subsection (2)(d) may relate, may include, but are not limited to, the following matters:

(a) a requirement for the provision, by the irrigation delegate, of certain services related to the provision of water in the irrigation district;