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WATER ACT 2000 - SECT 695A Closed water activity agreement

WATER ACT 2000 - SECT 695A

Closed water activity agreement

695A Closed water activity agreement

(1) This section applies for a water authority if—
(a) the water authority carries out water activities including water supply or drainage for an authority area; and
(b) all relevant registered owners of the land in the authority area enter into a written agreement complying with subsection (3) (a
"closed water activity agreement" ) about carrying out the water activities for the land.
(2) For subsection (1) (b) , the relevant registered owners of the land in the authority area may enter into 2 or more closed water activity agreements if—
(a) each agreement applies to different works, and different parts of the land, in the authority area; and
(b) each relevant registered owner is a party to only 1 of the agreements.
(3) The agreement must state—
(a) the land and works to which the agreement applies; and
(b) if the water activities include water supply—
(i) the water to which the agreement applies; and
(ii) the arrangements for supplying the water to each party’s land; and
(c) the arrangements for the maintenance or replacement of the works and the sharing of the cost of the maintenance or replacement; and
(d) the arrangements for accessing the works; and
(e) provisions for the cancellation of the agreement with the consent of all parties.
(4) The agreement has effect only when the water authority and its authority area are dissolved under this division.
(5) While the agreement has effect, the obligations under the agreement on each party attach to the party’s land and bind the party and the party’s successors in title to the land.
(6) Section 1001 (1) to (3) applies to the registration of the agreement as if—
(a) a reference in the subsections to the private water supply agreement or agreement were a reference to the closed water activity agreement; and
(b) a reference in the subsections to the parties were a reference to the parties to the closed water activity agreement; and
(c) a reference in the subsections to relevant land were a reference to the land mentioned in subsection (3) (a) .
(7) In this section—


"relevant registered owner" , of land in the authority area, means a registered owner of land in the authority area who is also a ratepayer for the water authority on whom a rate is currently levied.