WATER ACT 2000 - SECT 435
Provisions for making decision
WATER ACT 2000 - SECT 435
Provisions for making decision
435 Provisions for making decision
(1) Without limiting the Land Court’s jurisdiction, it may decide—
(a) if
the dispute is about the terms of a make good agreement for a water bore—the
terms of the agreement; or
(b) if the dispute is about varying the terms of a
make good agreement for a water bore under section 424—
(i) whether a
matter stated in the agreement is inappropriate for a reason stated in
section 424; or
(ii) the terms of any variation of the agreement; or
(c) if
the dispute is about whether a party to a make good agreement for a water bore
has complied with the agreement—whether anything must be done by a party to
comply with the agreement.
(2) However, the Land Court may decide to vary a
make good agreement for a water bore only to the extent the court considers
the variation is appropriate to—
(a) address a material change in
circumstances; or
(b) address a make good measure for the bore that is not
effective; or
(c) provide for another effective and more efficient make good
measure for the bore.
(3) Subject to subsection (2) , the Land Court may make
any order it considers appropriate about the make good agreement for the water
bore or to meet or enforce its decision.
(4) If the Land Court decides terms
of a make good agreement for a water bore, the decision is taken to be a make
good agreement for the bore.
(5) If the Land Court decides to vary a make
good agreement for a water bore, the agreement as varied by the decision is,
for this Act, taken to be the make good agreement for the bore.