Amount first charge on land
58 Amount first charge on land
An amount that is unpaid under section 55 and unpaid interest in relation to that amount are a first charge on the land comprising the irrigated property in relation to which the instalment is payable.
Where the whole or part of an irrigation district under the
Irrigation Act 1994 comprises part of the
Scheme Area and the irrigation authority for the district is to be taken by virtue of section 4(1) to be the owner of the district, a
part of an unpaid instalment or interest in relation to the district is a first charge on each irrigated property within the meaning of the
Irrigation Act 1994 comprising the district.
The part of an unpaid instalment or interest that is a first charge on an irrigated property referred to in subsection (2) bears the same proportion to the unpaid instalment or interest as the value of the property bears to the aggregate value of all irrigated properties in the irrigation district.
If the owner of an irrigated property that is subject to a first charge referred to in subsection (2) is not liable under another provision of this Division for the amount of the charge, he or she—
is liable under this subsection to the Minister for that amount;
and
is entitled to recover the amount from the person primarily liable.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.