226GVariation or revocation by irrigation entity

226G Variation or revocation by irrigation entity

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

(1)  An irrigation entity may vary a term or condition of a delegation, made in accordance with section 226D(1)(a) .

(2)  An irrigation entity may revoke a delegation made in accordance with section 226D(1)(a) if the irrigation entity reasonably believes one or more of the following:

(a) that the irrigation delegate has performed, improperly, carelessly or for inappropriate purposes, any of the functions specified in the delegation or has failed to perform such a function;

(b) that a condition of the delegation is not being complied with or has not been complied with;

(c) that the continuation of the delegation represents a substantial risk to the interests of one or more of the irrigation district participants of an irrigation district to which the delegation relates;

(d) that the irrigation delegate to which the delegation relates is not complying, or has not complied, with an agreement in relation to the delegation;

(e) that the continuation of the delegation may substantially reduce the viability of the irrigation entity;

(f) that the revocation of the delegation is necessary to protect an asset of the irrigation entity;

(g) that the continuation of the delegation is resulting, or may result, in a contravention of a kind prescribed for the purposes of this subsection;

(h) that circumstances that are prescribed to be circumstances in which a delegation must, or may, be revoked have occurred, are occurring or are likely to occur.

(3)  If an irrigation entity varies a term or condition of a delegation, or revokes a delegation, under subsection (1) or (2) , the irrigation entity is to give written notice of the variation or revocation to –

(a) the irrigation delegate to which the delegation relates; and