Provisions relating to irrigation districts
4 Provisions relating to irrigation districts
Where the whole or part of an irrigation district under the
Irrigation Act 1994 comprises part of the
Scheme Area and there are no water allocations under that Act in respect of any of the irrigated properties (within the meaning of that Act) comprising the district (or the part of it that is within the Scheme Area) or water allocations do exist in respect of some of those properties but not all of them, the following provisions apply—
the irrigation authority for the irrigation district is a member of the Trust if a waterlogging and salinity risk management allocation is attached to the irrigated land of the district; and
the irrigation district (or the part of it within the Scheme Area) will be taken to be an irrigated property owned by the irrigation authority;
and
the irrigated properties (within the meaning of the
Irrigation Act 1994) comprising the irrigation district (or the part of it within the Scheme Area) are not irrigated properties for the purposes of this Act; and
each of the owners of the irrigated properties (within the meaning of the Irrigation Act 1994) comprising the irrigation district (or the relevant part of it) will be taken not to own their respective properties but to be an occupier of the property concerned in addition to any other person in actual occupation of the property.
Subject to subsection (3), where the whole or part of an irrigation district under the Irrigation
Act 1994 comprises part of the Scheme Area and water allocations exist under that Act in respect of all of the irrigated properties (within the meaning of that Act) comprising the district (or that part of the district that is within the Scheme Area), the following provisions apply—
the irrigation authority for the irrigation district is not a member of the Trust; and
the irrigated properties comprising the irrigation district (or the relevant part of it) are irrigated properties for the purposes of this Act as though the irrigation district did not exist; and
the owners of those properties to which, or to part of which, a waterlogging and salinity risk management allocation is attached under this Act are members of the Trust.
Where subsection (1) applies in relation to an irrigation district under the Irrigation Act 1994 and water allocations are subsequently fixed under that Act so that water allocations exist under that Act in respect of all of the irrigated properties under that Act comprising the district (or the relevant part of it), subsection (1) will continue to apply in relation to the district until the expiration of three months (or such longer period as is fixed in the notice) after the irrigation authority for the district has served written notice on the Trust that subsection (2) will apply to the irrigation district instead of subsection (1).
Where subsection (2) applies to an irrigation district in pursuance of a notice under subsection (3), the waterlogging and salinity risk management allocation attached to each of the categories of irrigated land comprising the district will be divided between the irrigated properties (comprising the district) that include the relevant category of land in proportion to the water allocations under the Irrigation
Act 1994 of the properties concerned.
For the purposes of this Act, land may comprise an irrigated property within the meaning of the Irrigation
Act 1994 despite the fact that a water allocation does not apply to the property under that Act (see the definition of
irrigated property in section 4(1) of the
Irrigation
Act 1994).
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