Water Act 2000

This section applies if—

a transfer notice provides for the transfer of an easement held by SunWater to an irrigation entity; and

the easement was acquired by SunWater, or SunWater’s predecessor in title of the easement, under an acquisition Act for water supply or irrigation purposes or for a purpose of this Act, the repealed Act or the repealed Irrigation Act 1922, including—

an easement taken by a gazette resumption notice under the Acquisition of Land Act 1967 (a resumption easement); and

a public utility easement under the Land Act 1994 or the Land Title Act 1994.

This section applies whether or not the easement was acquired compulsorily or by agreement.

The irrigation entity has the benefit of the easement from the day the easement is transferred (the easement transfer day) as if the irrigation entity were SunWater immediately before the easement transfer day.

However, subsection (2) does not apply to the extent the benefit of a right, power or privilege over, or in relation to, the easement—

involves or permits the exercise of a SunWater statutory power in relation to the land over which SunWater held the benefit of the easement; or

is inconsistent with the irrigation entity’s functions or powers.

Despite subsection (2), the irrigation entity incurs a liability, or exercises a right, power or privilege over, or in relation to, the easement in its own name.

A liability of SunWater relating to the easement becomes a liability of the irrigation entity on the easement transfer day.

The Acquisition of Land Act 1967, section 41, does not apply to the transfer of a resumption easement.

No compensation is payable to any person because of the transfer.

This section applies despite any other Act or anything to the contrary in the terms of the easement.

In this section—SunWater statutory power means a power exercisable by SunWater under an Act immediately before the easement transfer day.