New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 106

106 Land benefited by approval

(1) An approval is taken to be held by, and for the benefit of, each successive landholder for the time being of the land specified in the approval as the land benefited by the approval.

(2) While the approval is in force, each such landholder:

(a) is under a duty to comply with the conditions to which the approval is subject, and

(b) is entitled to commence and maintain legal proceedings against any co-holder of the approval with respect to that co-holder’s failure to comply with those conditions.

(3) For the purposes of this section, a major utility, local water utility, irrigation corporation, private irrigation board, private drainage board or private water trust is taken to be a landholder of land in respect of which a water use approval or water management work approval held by it is in force.

(4) This section does not apply in such circumstances, or to such types or kinds of approvals, as may be prescribed by the regulations.