Conversion of existing private irrigation boards and districts and private drainage boards
77 Conversion of existing private irrigation boards and districts and private drainage boards
This clause applies to a private irrigation board and a private irrigation district, or a private drainage board, in existence immediately before the repeal of Parts 2 and 3 of Chapter 4 of the Act by the 2010 amending Act.
On the commencement of this clause—
each private irrigation board and each private drainage board is constituted as a body corporate that is a private water corporation, and
each private irrigation board and its associated private irrigation district and each private drainage board are abolished.
Each private water corporation constituted by this clause—
has the same name as the private irrigation board or private drainage board it replaces, unless the Minister otherwise approves, and
is taken for all purposes to be a continuation of and the same legal entity as the private irrigation board or private drainage board it replaces.
The regulations may make provision for or with respect to the following matters—
deeming provisions of an instrument under this Act or an instrument of the relevant board to be rules of the corporation,
deeming works (including works for which the board exercises functions after transformation of a landholder’s entitlement) to be corporation works of the corporation,
specifying works and other matters that are deemed to comprise the works plan of the corporation,
the landholdings for which the corporation may exercise functions,
deeming existing rates and charges to be rates and charges of the corporation,
deeming existing members of private irrigation boards and private drainage boards to be board members of the corporation, pending the first election of board members,
the date, time and place for the first election of the board members of the corporation,
the members of the corporation,
requirements for the preparation and adoption of a works plan and rules of the corporation,
provisions of a savings or transitional nature and any other matter consequent on or ancillary to the creation of a new corporation.
A corporation constituted under this clause is not a NSW government agency.
This provision refers to the regulations (The regulations may make
). 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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