South Australian Numbered Acts

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8—Insertion of section 65CAA

After section 65C insert:

65CAA—Related principles

        (1)         In providing for the declaration, imposition and recovery of water rates, the following principles will apply:

            (a)         subject to paragraph (b), water rates will be fixed by the Minister before the commencement of a financial year in relation to which the rates are to apply, and that if rates are not fixed with respect to a financial year before 1 June in any particular year then the rates will remain the same and apply with respect to the immediately succeeding financial year;

            (b)         the Minister may fix the minimum supply charge in respect of commercial land under section 65C(1)(b) or the rate to be applied to the capital value of land under section 65C(1)(c) at any time up to (and including) 31 July in the financial year in relation to which the charges and rates are to apply;

            (c)         a period used for the purposes of fixing a water use charge may be any period of between 1 day and 12 months (being, in the case of 12 months, a period constituting a financial year but not so as to derogate from the operation of a succeeding paragraph);

            (d)         water use charges may, depending on when meters are read and the form or nature of the relevant rate or rates, be charged and recovered on a pro rata basis according to—

                  (i)         readings that relate to water supplied during various periods or parts of periods; and

                  (ii)         the application of the relevant rate or rates over the period of supply to which a water use charge or charges are to be applied;

            (e)         water use charges may, depending on when meters are read, be recovered after the end of the financial year to which they relate.

        (2)         In connection with the operation of subsection (1), any determination, calculation or adjustment of any amount (whether in the nature of a water rate or in relation to the supply of any water) over or in respect of any period or on a pro rata basis may assume that water has been supplied at a uniform daily rate over any relevant period.

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