Agreement with landowner to increase risk management capacity
45 Agreement with landowner to increase risk management capacity
The following persons may enter into an agreement with the Trust under which the person pays for, or contributes towards, an increase in the capacity of the Scheme infrastructure:
where the Scheme Area includes the whole or part of an irrigation district under the Irrigation Act 1994 and the irrigation authority for the district under that Act is a member of the
Trust under this Act—
the irrigation authority; and
a person who is the owner of an irrigated property or other land in the Scheme Area that is outside the irrigation district;
in any other case—a person who is the owner of an irrigated property or other land in the Scheme Area.
Subject to the written approval of the Minister, the agreement may provide that a risk management allocation, or an increased risk management allocation, will be attached by the Trust to land specified in the agreement when the risk management capacity of the Scheme is increased.
The Trust must not agree to a provision referred to in subsection (2) unless—
the Minister and the Trust have agreed on the extent to which the risk management capacity of the Scheme will be increased; and
the risk management allocation, or the increase in the risk management allocation, referred to in subsection (2) is accommodated by the increase in the risk management capacity of the Scheme.
A new risk management allocation, or an increase in an existing allocation, cannot (unless the regulations provide otherwise) be attached to the category of land having the highest degree of risk.
As far as practicable the Trust must not benefit, or suffer any detriment, from an agreement under subsection (1).
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