The Connection Points. (a) Tasmanian Irrigation must on Completion nominate a point in respect of each Preliminary Connection Point as a Connection Point being a point at which Tasmanian Irrigation is reasonably able to provide a connection for the supply of water from the Scheme. (b) Each Connection Point nominated under clause 5.2(a) must be: (i) within the Zone if the Preliminary Connection Point in respect of which it is nominated is within the Zone; and (ii) within or on the boundary of the Qualifying Land if the Preliminary Connection Point in respect of which it is nominated is within or on the boundary of the Qualifying Land. (c) Tasmanian Irrigation must do everything it reasonably can to ensure that the Connection Point nominated in respect of each Preliminary Connection Point is within fifty (50) metres of that Preliminary Connection Point. (d) Where the planned water delivery system of the Irrigation District does not border or pass through the Qualifying Land, the Purchaser agrees that: (i) no Connection Point nominated by Tasmanian Irrigation under clause 5.2(a) will be within or on the boundary of the Qualifying Land; and (ii) the Purchaser has no right to require Tasmanian Irrigation to extend the Scheme so as to provide the Purchaser with a Connection Point within or on the boundary of the Qualifying Land. (e) Subject to clause 5.2(f), on Completion Tasmanian Irrigation must offer to enter into a Connection Agreement in respect of each Connection Point where on completion: (i) the Purchaser remains the only Holder of the Rights and: A. the Purchaser has the same relationship to the Qualifying Land as existed at the date of this agreement; B. the Purchaser is an owner of the Qualifying Land; or C. Tasmanian Irrigation acting reasonably considers that the Purchaser is entitled to use the Qualifying Land; or (ii) the Purchaser is not the only Holder of the Rights: A. where the Connection Point is within or on the boundary of the Qualifying Land, with those Holders of the Rights who: (I) own that part of the Qualifying Land on which the Connection Point is located; or (II) Tasmanian Irrigation acting reasonably considers are entitled to use the that part of the Qualifying Land on which the Connection Point is located; or B. where the Connection Point is not within or on the boundary of the Qualifying Land, with those Holders of the Rights who have a right to transport water from the Connection Point to the Qualifying Land and: (I) own the Qualifying Land; or (II) Tasmanian Irrigation acting reasonably considers are entitled to use the Qualifying Land on which the Connection Point is located. (f) The obligation of Tasmanian Irrigation to enter a Connection Agreement in respect of a Connection Point under clause 5.2(e) is subject to the Purchaser making any payment the Purchaser has agreed to make to Tasmanian Irrigation in exchange for Tasmanian Irrigation approving and providing that Connection Point.
Appears in 3 contracts
Sources: Water Entitlements Purchase Contract, Water Entitlements Purchase Contract, Water Entitlements Purchase Contract
The Connection Points. (a) Tasmanian Irrigation must on Completion nominate a point in respect of each Preliminary Connection Point as a Connection Point being a point at which Tasmanian Irrigation is reasonably able to provide a connection for the supply of water from the Scheme.
(b) Each Connection Point nominated under clause 5.2(a) must be:
(i) within the Zone if the Preliminary Connection Point in respect of which it is nominated is within the Zone; and
(ii) if there is Qualifying Land, within or on the boundary of the Qualifying Land if the Preliminary Connection Point in respect of which it is nominated is within or on the boundary of the Qualifying Land.
(c) Tasmanian Irrigation must do everything it reasonably can to ensure that the Connection Point nominated in respect of each Preliminary Connection Point is within fifty (50) metres of that Preliminary Connection Point.
(d) Where there is the Qualifying Land but the planned water delivery system of the Irrigation District does not border or pass through the Qualifying Land, the Purchaser agrees that:
(i) no Connection Point nominated by Tasmanian Irrigation under clause 5.2(a) will be within or on the boundary of the Qualifying Land; and
(ii) the Purchaser has no right to require Tasmanian Irrigation to extend the Scheme so as to provide the Purchaser with a Connection Point within or on the boundary of the Qualifying Land.
(e) Subject to clause 5.2(f), on Completion Tasmanian Irrigation must offer to enter into a Connection Agreement in respect of each Connection Point where on completion:
(i) the Purchaser remains the only Holder of the Rights andand if there is Qualifying Land:
A. the Purchaser has the same relationship to the Qualifying Land as existed at the date of this agreement;
B. the Purchaser is an owner of the Qualifying Land; or
C. Tasmanian Irrigation acting reasonably considers that the Purchaser is entitled to use the Qualifying Land; or
(ii) the Purchaser is not the only Holder of the Rights:
A. where the Connection Point is within or on the boundary of the Qualifying Land, with those Holders of the Rights who:
(I) own that part of the Qualifying Land on which the Connection Point is located; or
(II) Tasmanian Irrigation acting reasonably considers are entitled to use the that part of the Qualifying Land on which the Connection Point is located; or
B. where the Connection Point is not within or on the boundary of the Qualifying Land, with those Holders of the Rights who have a right to transport water from the Connection Point to the Qualifying Land and:
(I) own the Qualifying Land; or
(II) Tasmanian Irrigation acting reasonably considers are entitled to use the Qualifying Land on which the Connection Point is located.
(f) The obligation of Tasmanian Irrigation to enter a Connection Agreement in respect of a Connection Point under clause 5.2(e) is subject to the Purchaser making any payment the Purchaser has agreed to make to Tasmanian Irrigation in exchange for Tasmanian Irrigation approving and providing that Connection Point.
Appears in 1 contract
The Connection Points. (a) Tasmanian Irrigation must on Completion nominate a point in respect of each Preliminary Connection Point as a Connection Point being a point at which Tasmanian Irrigation is reasonably able to provide a connection for the supply of water from the Scheme.
(b) Each Connection Point nominated under clause 5.2(a) must be:
(i) within the Zone if the Preliminary Connection Point in respect of which it is nominated is within the Zone; and
(ii) within or on the boundary of the Qualifying Land if the Preliminary Connection Point in respect of which it is nominated is within or on the boundary of the Qualifying Land.
(c) Tasmanian Irrigation must do everything it as far as reasonably can to practicable ensure that the Connection Point nominated in respect of each Preliminary Connection Point is within fifty (50) metres of that Preliminary Connection Point.
(d) Where the planned water delivery system of the Irrigation District does not border or pass through the Qualifying Land, the Purchaser agrees that:
(i) no Connection Point nominated by Tasmanian Irrigation under clause 5.2(a) will be within or on the boundary of the Qualifying Land; and
(ii) the Purchaser has no right to require Tasmanian Irrigation to extend the Scheme so as to provide the Purchaser with a Connection Point within or on the boundary of the Qualifying Land.
(e) Subject to clause 5.2(f), on Completion Tasmanian Irrigation must offer to enter into a Connection Agreement in respect of each Connection Point where on completion:
(i) the Purchaser remains the only Holder of the Rights and:
A. the Purchaser has the same relationship to the Qualifying Land as existed at the date of this agreement;
B. the Purchaser is an owner of the Qualifying Land; or
C. Tasmanian Irrigation acting reasonably considers that the Purchaser is entitled to use the Qualifying Land; or
(ii) the Purchaser is not the only Holder of the Rights:
A. where the Connection Point is within or on the boundary of the Qualifying Land, with those Holders of the Rights who:
(I) own that part of the Qualifying Land on which the Connection Point is located; or
(II) Tasmanian Irrigation acting reasonably considers are entitled to use the that part of the Qualifying Land on which the Connection Point is located; or
B. where the Connection Point is not within or on the boundary of the Qualifying Land, with those Holders of the Rights who have a right to transport water from the Connection Point to the Qualifying Land and:
(I) own the Qualifying Land; or
(II) Tasmanian Irrigation acting reasonably considers are entitled to use the Qualifying Land on which the Connection Point is located.
(f) The obligation of Tasmanian Irrigation to enter a Connection Agreement in respect of a Connection Point under clause 5.2(e) is subject to the Purchaser making any payment the Purchaser has agreed to make to Tasmanian Irrigation in exchange for Tasmanian Irrigation approving and providing that Connection Point.
Appears in 1 contract
Sources: Water Entitlements Purchase Contract
The Connection Points. (a) Tasmanian Irrigation must on Completion nominate a point in respect of each Preliminary Connection Point as a Connection Point being a point at which Tasmanian Irrigation is reasonably able to provide a connection for the supply of water from the Scheme.
(b) Each Connection Point nominated under clause 5.2(a) must be:
(i) within the Zone if the Preliminary Connection Point in respect of which it is nominated is within the Zone; and
(ii) within or on the boundary of the Qualifying Land if the Preliminary Connection Point in respect of which it is nominated is within or on the boundary of the Qualifying Land.
(c) Tasmanian Irrigation must do everything it reasonably can to ensure that the Connection Point nominated in respect of each Preliminary Connection Point is within fifty (50) metres of that Preliminary Connection Point.
(d) Where the planned water delivery system of the Irrigation District does not border or pass through the Qualifying Land, the Purchaser agrees that:
(i) no Connection Point nominated by Tasmanian Irrigation under clause 5.2(a) will be within or on the boundary of the Qualifying Land; and
(ii) the Purchaser has no right to require Tasmanian Irrigation to extend the Scheme so as to provide the Purchaser with a Connection Point within or on the boundary of the Qualifying Land.
(e) Subject to clause 5.2(f), on Completion Tasmanian Irrigation must offer to enter into a Connection Agreement in respect of each Connection Point where on completionPoint:
(i) where on Completion the Purchaser remains the only Holder of the Rights andRights, with the Purchaser if on Completion:
A. the Purchaser has the same relationship to the Qualifying Land as existed at the date of this agreement;
B. the Purchaser is an owner of the Qualifying Land; or
C. Tasmanian Irrigation acting reasonably considers that the Purchaser is entitled to use the Qualifying Land; or
(ii) where on Completion the Purchaser is not the only Holder of the Rights:
A. where the Connection Point is within or on the boundary of the Qualifying Land, with those Holders of the Rights who:
(I) own that part of the Qualifying Land on which the Connection Point is located; or
(II) Tasmanian Irrigation acting reasonably considers are entitled to use the that part of the Qualifying Land on which the Connection Point is located; or
B. where the Connection Point is not within or on the boundary of the Qualifying Land, with those Holders of the Rights who have a right to transport water from the Connection Point to the Qualifying Land and:
(I) own the Qualifying Land; or
(II) Tasmanian Irrigation acting reasonably considers are entitled to use the Qualifying Land on which the Connection Point is located.
(f) The obligation of Tasmanian Irrigation to enter a Connection Agreement in respect of a Connection Point under clause 5.2(e) is subject to the Purchaser making any payment the Purchaser has agreed to make to Tasmanian Irrigation in exchange for Tasmanian Irrigation approving and providing that Connection Point.
Appears in 1 contract
Sources: Water Entitlements Purchase Contract
The Connection Points. (a) Tasmanian Irrigation must on Completion nominate a point in respect of each Preliminary Connection Point as a Connection Point being a point at which Tasmanian Irrigation is reasonably able to provide a connection for the supply of water from the Scheme.
(b) Each Connection Point nominated under clause 5.2(a) must be:
(i) within the Zone if the Preliminary Connection Point in respect of which it is nominated is within the Zone; and
(ii) if there is Qualifying Land, within or on the boundary of the Qualifying Land if the Preliminary Connection Point in respect of which it is nominated is within or on the boundary of the Qualifying Land.
(c) Tasmanian Irrigation must do everything it reasonably can to ensure that the Connection Point nominated in respect of each Preliminary Connection Point is within fifty (50) metres of that Preliminary Connection Point.
(d) Where there is the Qualifying Land but the planned water delivery system of the Irrigation District does not border or pass through the Qualifying Land, the Purchaser agrees that:
(i) no Connection Point nominated by Tasmanian Irrigation under clause 5.2(a) will be within or on the boundary of the Qualifying Land; and
(ii) the Purchaser has no right to require Tasmanian Irrigation to extend the Scheme so as to provide the Purchaser with a Connection Point within or on the boundary of the Qualifying Land.
(e) Subject to clause 5.2(f), on Completion Tasmanian Irrigation must offer to enter into a Connection Agreement in respect of each Connection Point where on completion:
(i) the Purchaser remains the only Holder of the Rights andand if there is Qualifying Land:
A. the Purchaser has the same relationship to the Qualifying Land as existed at the date of this agreement;
B. the Purchaser is an owner of the Qualifying Land; or
C. Tasmanian Irrigation acting reasonably considers that the Purchaser is entitled to use the Qualifying Land; or
(ii) the Purchaser is not the only Holder of the Rights, if there is Qualifying Land:
A. where the Connection Point is within or on the boundary of the Qualifying Land, with those Holders of the Rights who:
(I) own that part of the Qualifying Land on which the Connection Point is located; or
(II) Tasmanian Irrigation acting reasonably considers are entitled to use the that part of the Qualifying Land on which the Connection Point is located; or
B. where the Connection Point is not within or on the boundary of the Qualifying Land, with those Holders of the Rights who have a right to transport water from the Connection Point to the Qualifying Land and:
(I) own the Qualifying Land; or
(II) Tasmanian Irrigation acting reasonably considers are entitled to use the Qualifying Land on which the Connection Point is located.
(f) The obligation of Tasmanian Irrigation to enter a Connection Agreement in respect of a Connection Point under clause 5.2(e) is subject to the Purchaser making any payment the Purchaser has agreed to make to Tasmanian Irrigation in exchange for Tasmanian Irrigation approving and providing that Connection Point.on
Appears in 1 contract
Sources: Water Entitlements Purchase Contract