Land benefited by approval
106 Land benefited by approval
An approval is taken to be held by, and for the benefit of, each successive landholder for the time being of the land specified in the approval as the land benefited by the approval.
While the approval is in force, each such landholder—
is under a duty to comply with the conditions to which the approval is subject, and
is entitled to commence and maintain legal proceedings against any co-holder of the approval with respect to that co-holder’s failure to comply with those conditions.
For the purposes of this section, a major utility, local water utility, irrigation corporation, private water corporation or private water trust is taken to be a landholder of land in respect of which a water use approval or water management work approval held by it is in force.
This section does not apply in such circumstances, or to such types or kinds of approvals, as may be prescribed by the regulations.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Gumly Gumly Private Irrigation District Board of Management (General) By-law 1997 · Regulation
- Hay Private Irrigation District Board of Management (Water Rights) By-law 1999 · Regulation
- Moira Board of Management (General) By-law 1989 · Regulation
8 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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