Victorian Consolidated Legislation

Mildura Irrigation and Water Trusts Act 1969 - SECT 8

New section 35E substituted in Principal Act

8. New section 35E substituted in Principal Act

For section 35E of the Principal Act there shall be substituted the following
section-
'35E. Conditions of subdivision of land

(1) No person shall subdivide into separate holdings any land within the First
Mildura Irrigation District except in accordance with a plan of subdivision
sealed by the Trust under this section.
(2) A person (hereinafter referred to as "the applicant") who intends to
subdivide into separate holdings any land in the district shall submit to the
Trust notice in writing of his intention together with a plan showing-

   (a)  the allotments into which it is proposed to subdivide the land;

   (b)  the easements proposed to be provided in connexion with the supply of
        water for irrigation to or the drainage of water from each allotment
        or, in the case of allotments intended to be occupied for residential
        or commercial purposes, in connexion with the supply of water to or
        the drainage of water from each allotment.

(3) On receipt of the notice and plan the Trust shall (having first referred
the plan to the Mildura Urban Water Trust for advice in the case of any plan
showing allotments intended to be occupied for residential or commercial
purposes) notify the applicant of-

   (a)  any modification required by the Trust to be made in the plan;

   (b)  the nature and extent of all works which will be necessary to be
        constructed (whether by the Trust or, where it appears that the land
        or any part thereof will come to form part of the Mildura Urban Water
        District, by the Mildura Urban Water Trust) for the supply of water to
        each allotment and the measurement of water so supplied, for the
        drainage of water from each allotment and for the provision of access
        to or within such allotment by means of a crossing or other suitable
        structure; and

   (c)  the estimated cost of those works and the amount of such part (if any)
        of the capitalized depreciation thereof as in the opinion of the Trust
        will not be met by increased revenue (whether of the Trust or, where
        it appears that the land or any part thereof will come to form part of
        the Mildura Urban Water District, of the Mildura Urban Water Trust)
        arising by reason of the works.

(4) The Trust may-

   (a)  approve of any such plan with or without modifications; or

   (b)  refuse to approve of any such plan.

(5) The Trust may refuse to seal any such plan approved by it until such time
as the applicant pays to the Trust-

   (a)  such fees as are prescribed for the investigation and sealing of plans
        of subdivision;

   (b)  the estimated cost aforesaid of the works; and

   (c)  the amount of the part aforesaid of the capitalized depreciation of
        the works.

(6) On the approval by the Trust of any such plan and (where the Trust so
requires) upon payment to the Trust of the fees aforesaid the estimated cost
aforesaid of the works together with the amount of the part aforesaid of the
capitalized depreciation of the works the Trust shall seal the plan and, as
the case requires, either itself construct the works or hold any moneys
received (not being fees for the investigation and sealing of the plan) until
the land is included within the Mildura Urban Water District and then pay
those moneys to the Mildura Urban Water Trust which shall construct the works,
and the works shall when constructed form part of the works of the First
Mildura Irrigation Trust or the Mildura Urban Water Trust, as the case
requires.
(7) In this section "capitalized depreciation" in respect of any works means
the sum, as determined by the Trust, necessary to be set aside in order to
provide for the maintenance and renewal of the works in perpetuity.'.