Australian Capital Territory Numbered Acts

WATER RESOURCES AMENDMENT ACT 1999 (NO. 88 OF 1999) - SECT 2

    This Act commences on the day it is notified in the Gazette.

3     Act amended

    This Act amends the Water Resources Act 1998 .

4     Repeal

    Section 71 is repealed and the following section substituted:

“71     Periodic fees

    A person who holds or has held—

        (a)     a water allocation granted under section 28; or

        (b)     a licence granted under—

              (i)     section 35 (Licence to take water); or

              (ii)     section 39 (Unlicensed drilling); or

              (iii)     section 47 (Unlicensed recharge);

must pay to the Authority, in relation to the allocation or licence, the periodic fee or fees determined under section 78 in accordance with the determination that determined the fee.”.

5     Repeal

    Section 78 is repealed and the following section substituted:

“78     Determination of fees

“(1)     The Minister may, by notice in the Gazette, determine fees payable under this Act.

“(2)     A determination of a fee must state—

        (a)     the amount of the fee; or

        (b)     how the fee is to be worked out.

“(3)     A determination of a periodic fee payable under section 71 must also state—

        (a)     the period to which the fee relates (for example, a year, a financial year or the period in which the allocation or licence is in force); and

        (b)     how the fee is to be paid (for example, as a lump sum or by instalments); and

        (c)     when the fee, or any instalment, is payable.

“(4)     A determination under this section is a disallowable instrument for the Subordinate Laws Act 1989 .

“(5)     A reference in this section to a fee includes a reference to a fee that is a tax.”.

1     Act 1998 No 63 (not republished).

[Presentation speech made in Assembly on 25 November 1999]

© Australian Capital Territory 2003