6Determination of application under clause 5

6 Determination of application under clause 5

6 Determination of application under clause 5

(1) Where an application is made under clause 5, the Board may:

(a) refuse the application,

(b) defer the application until the additional quantity of water to be allocated pursuant to the application is available from a quantity of water surrendered pursuant to an application made under clause 3, or

(c) approve the application upon such conditions, if any, as it may consider appropriate.

(2) Without limiting the generality of subclause (1), the Board may:

(a) refuse the application on the ground that it does not consider that the applicant can utilise any additional quantity of water for irrigation on his holding, or

(b) approve the application in respect of part only of the additional quantity of water specified in the application.

(3) Where the Board approves an application under clause 5, it shall, upon:

(a) payment to the Board by the applicant of a sum of money calculated at the rate determined by the Board for the purpose of re-determinations of the allocation of water for irrigation pursuant to this By-law, and

(b) construction by the applicant of such works, if any, as the Board may consider necessary to enable the increased supply of water to be delivered to the applicant’s holding, or payment to the Board by the applicant of the cost to the Board of constructing those works,

re-determine the quantity of water allocated for irrigation to the applicant’s holding in accordance with its approval.