1990 - No. 418 IRRIGATION ACT 1912 - REGULATION
(Relating to the payment of charges for water rights) NEW SOUTH WALES

[Published in Gazette No. 82 of 29 June 1990]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Irrigation Act 1912, has been pleased to make the Regulation set forth hereunder.

I. R. CAUSLEY Minister for Natural Resources. Amendment of Buronga (supply of Water for Irrigation) Regulations 1. The Buronga (Supply of Water for Irrigation) Regulations are amended: (a) by omitting the headings to Regulations 1 - 19; (b) by omitting Regulation 4 and by inserting instead the the following Regulation: Payment of charges 4. (1) An occupier of land is to be notified by means of a notice of assessment of: (a) the annual charges fixed by the Ministerial Corporation for the current year for water rights attached to land; and (b) the amount payable by the occupier, in respect of the water rights attached to the land, for the period to which the notice relates; and

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1990 - NO. 418 (c) the amount payable by the occupier, for water supplied during an irrigation period in excess of the water supplied pursuant to the water rights attached to the land, for the period to which the notice relates. (2) The amounts specified in the notice are to be paid to the Ministerial Corporation on or before the date for payment specified in the notice, which date must not be less than 28 days after the date of issue of the notice. (3) If an occupier first becomes liable to an annual charge after 1 July in any year, the amount of the charge is to be apportioned for the period from the date from which the charge becomes payable until 30 June next following on the basis of such proportion of the charge as that period bears to the whole year. (4) If an occupier ceases to be liable for an annual charge because the occupier's tenure is terminated, the amount of the charge is to be apportioned for the period from 1 July next preceding the date of termination to that date on the basis of such proportion of the charge as that period bears to the whole year. Amendment of Coleambally (Supply of Water for Irrigation) Regulations 2. The Coleambally (Supply of Water for Irrigation) Regulations are amended: (a) by omitting Regulation 3 and by inserting instead the following Regulation: Payment of charges 3. (1) An occupier of land is to be notified by means of a notice of assessment of: (a) the annual charges fixed by the Ministerial Corporation for the current year for water rights attached to land; and (b) the amount payable by the occupier, in respect of the water rights attached to the land, for the period to which the notice relates; and (c) the amount payable by the occupier, in respect of additional water supplied pursuant to Regulation 20, for the period to which the notice relates.

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1990 - No. 418 (2) The amounts specified in the notice are to be paid to the Ministerial Corporation on or before the date for payment specified in the notice, which date must not be less than 28 days after the date of issue of the notice. (3) If an occupier first becomes liable to an annual charge after 1 July in any years the amount of the charge Is to be apportioned for the period from the date from which the charge becomes payable until 30 June next following on the basis of such proportion of the charge as that period bears to the whole year. (4) If an occupier ceases to be liable for an annual charge because the occupier's tenure is terminated, the amount of the charge is to be apportioned for the period from 1 July next preceding the date of termination to that date on the basis of such proportion of the charge as that period bears to the whole year. (b) by omitting Regulation 20 (e). Amendment of Coomealla (Supply of Water for Irrigation) Regulations 3. The Coomealla (Supply of Water for Irrigation) Regulations are amended: (a) by omitting the headings to Regulations 1 - 16; (b) by omitting Regulation 3 (d); (c) by inserting after Regulation 3 the following Regulation: Payment of charges 3A (1) An occupier of land is to be notified by means of a notice of assessment of: (a) the annual charges fixed by the Ministerial Corporation for the current year for water rights attached to land; and (b) the amount payable by the occupier, in respect of the water rights attached to the land, for the period to which the notice relates; and (c) the amount payable by the occupier, for water supplied during an irrigation period in excess of the water supplied pursuant to the water rights attached to the land, for the period to which the notice relates.

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1990 - No. 418 (2) The amounts specified in the notice are to be paid to the Ministerial Corporation on or before the date for payment specified in the notice, which date must not be less than 28 days after the date of issue of the notice. (3) If an occupier first becomes liable to an annual charge after 1 July in any year, the amount of the charge is to be apportioned for the period from the date from which the charge becomes payable until 30 June next following on the basis of such proportion of the charge as that period bears to the whole year. (4) If an occupier ceases to be liable for an annual charge because the occupier's tenure is terminated, the amount of the charge is to be apportioned for the period from 1 July next preceding the date of termination to that date on the basis of such proportion of the charge as that period bears to the whole year. Amendment of Tullakool (Supply of Water) Regulations 4. The Tullakool (Supply of Water) Regulations are amended: (a) by omitting Regulation 3 and by inserting instead the following Regulation: Payment of charges 3. (1) An occupier of land is to be notified by means of a notice of assessment of: (a) the annual charges fixed by the Ministerial Corporation for the current year for water rights attached to land; and (b) the amount payable by the occupier, in respect of the water rights attached to the land, for the period to which the notice relates; and (c) the amount payable by the occupier, in respect of additional water supplied pursuant to Regulation 20, for the period to which the notice relates. (2) The amounts specified in the notice are to be paid to the Ministerial Corporation on or before the date for payment specified in the notice, which date must not be less than 28 days after the date of issue of the notice.

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1990 - No. 418 (3) If an occupier first becomes liable to an annual charge after 1 July in any year, the amount of the charge is to be apportioned for the period from the date from which the charge becomes payable until 30 June next following on the basis of such proportion of the charge as that period bears to the whole year. (4) If an occupier ceases to be liable for an annual charge because the occupier's tenure is terminated, the amount of the charge is to be apportioned for the period from 1 July next preceding the date of termination to that date on the basis of such proportion of the charge as that period bears to the whole year. (b) by omitting Regulation 19 (d). Amendment of Yanco and Mirrool (Supply of Water for Irrigation) Regulations 5. The Yanco and Mirrool (Supply of Water for Irrigation) Regulations are amended: (a) by omitting Regulation 5 and by inserting instead the following Regulation: Payment of charges 5. (1) An occupier of land is to be notified by means of a notice of assessment of: (a) the annual charges fixed by the Ministerial Corporation for the current year for water rights attached to land; and (b) the amount payable by the occupier, in respect of the water rights attached to the land, for the period to which the notice relates; and (c) the amount payable by the occupier, in respect of additional water supplied pursuant to Regulation 20, for the period to which the notice relates. (2) The amounts specified in the notice are to be paid to the Ministerial Corporation on or before the date for payment specified in the notice, which date must not be less than 28 days after the date of issue of the notice. (3) If an occupier first becomes liable to an annual charge after 1 July in any year, the amount of the charge is to be

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1990 - NO. 418 apportioned for the period from the date from which the charge becomes payable until 30 June next following on the basis of such proportion of the charge as that period bears to the whole year. (4) If an occupier ceases to be liable for an annual charge because the occupier's tenure is terminated, the amount of the charge is to be apportioned for the period from 1 July next preceding the date of termination to that date on the basis of such proportion of the charge as that period bears to the whole year. (b) by omitting Regulation 20 (d).
EXPLANATORY NOTE
The object of this Regulation is to amend regulations under the Irrigation Act 1912 to provide for the periodic assessment and payment of charges for water rights. The proposed schemes replace schemes that provide for the assessment and payment of charges for water rights on an annual basis.

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