226EConsideration of delegation application

226E Consideration of delegation application

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

(1)  If an eligible body makes an application in accordance with section 226C to an irrigation entity, the irrigation entity is to make a delegation under section 226D to the eligible body unless, in the opinion of the irrigation entity –

(a) the delegation could reasonably be expected to –

(i) substantially reduce the viability of the irrigation entity; or

(ii) reduce the capacity of the irrigation entity to ensure the performance of the functions of the irrigation entity under this Act or any other Act; or

(iii) expose the irrigation entity or the Crown to significant liabilities; or

(iv) result in a substantial increase in costs to the irrigation entity in relation to another irrigation district managed by the irrigation entity; or

(v) result in a substantial increase in costs to –

(A) another irrigation entity; or

(B) a responsible water entity or the undertakers, within the meaning of the Irrigation Clauses Act 1973 or the Waterworks Clauses Act 1952 ; or

(C) a regulated entity within the meaning of the Water and Sewerage Industry Act 2008 ; or

(b) the proposed governance model supplied to the irrigation entity by the eligible body in accordance with section 226C(2)(c) is insufficient or not practicable; or

(c) the application for delegation has not gained the support, in writing, of 80 percent or more of the irrigation district participants; or

(d) the delegation would constitute a substantial risk to the interests of one or more of the irrigation district participants; or