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WATER MANAGEMENT ACT 1999 - SCHEDULE 5 - River Clyde Trust and River Clyde Irrigation District

WATER MANAGEMENT ACT 1999 - SCHEDULE 5

- River Clyde Trust and River Clyde Irrigation District

SCHEDULE 5 - River Clyde Trust and River Clyde Irrigation District

Section 308(2)

1.    Interpretation
In this Schedule –
eligible person means an owner or occupier of land within the irrigation district referred to in section 308(1)(a) ;
responsible water entity means the water entity responsible for the River Clyde Irrigation District;
trust means the River Clyde Trust as reconstituted under section 308(1) ;
trustees means the persons acting as trustees of the River Clyde immediately before the commencement of the Water Legislation Amendment Act 2005 .
2.    Membership of trustees of River Clyde
The trust is to consist of 3 members until a date to be determined by the Minister, but on and after that date is to consist of 5 members.
3.    Powers of responsible water entity
(1) The responsible water entity may, in addition to the powers conferred under the Irrigation Clauses Act 1973  –
(a) construct, repair, alter and remove any works as may be required to convey water directly from Lake Sorell to the River Clyde as the responsible water entity considers necessary; and
(b) enter, or cause its servants or workmen to enter, on any land on either side of the River Clyde or the River Interlaken or of Lake Sorell or Lake Crescent for the purpose of constructing, repairing, altering or removing any works authorised by this Act to be constructed, repaired, altered or removed.
(2) If the works or land referred to in subclause (1) are outside the River Clyde Irrigation District, the responsible water entity must obtain the Minister's permission in writing before exercising its powers under that subclause.
(3) If the works referred to in subclause (1) will or might have any adverse effect on any fish in inland waters, within the meaning of the Inland Fisheries Act 1995 , the responsible water entity must obtain the permission of the Minister having the administration of that Act before exercising its powers under that subclause.
4.    Saving provision
(1) On and from the commencement day –
(a) the property and rights of the trustees are transferred to the trust and the liabilities of the trustees become liabilities of the trust; and
(b) legal proceedings instituted by or against the trustees before the commencement day and pending on that day may be continued by or against the trust; and
(c) legal proceedings by or against the trustees to enforce a right that accrued before the commencement day and in existence on that day may be instituted by or against the trust; and
(d) a judgment or order of a court obtained by or against the trustees may be enforced by or against the trust; and
(e) a document addressed to, and purporting to have been served on, the trustees is taken to have been served on the trust; and
(f) a contract made or entered into by the trustees before the commencement day but not performed or discharged before that day is taken to have been made or entered into by the trust.
(2) Nothing in this Schedule affects a liability to pay any rates that were outstanding immediately before the commencement day.
5.    Construction of instruments
Where, in an instrument that was in force immediately before the commencement day, there is a reference to the trustees, the instrument has effect on and from that day, except in so far as the context or subject matter otherwise indicates or requires, as if the reference were a reference to the trust or included a reference to the trust.
6.    Trust entitled to licence
(1) The Minister must grant a licence to the trust with effect from the commencement day.
(2) The conditions and water allocation of the licence are to be such as the Minister determines as appropriate for the purposes of the trust, taking into account –
(a) the quantity of water needed by the ecosystems that depend on the relevant water resources and the times at which, or the periods during which, those ecosystems will need that water; and
(b) the reasonable requirements of the trust.