South Australian Numbered Acts

WATERWORKS (RATES) AMENDMENT ACT 2009 (NO 33 OF 2009) - SCHEDULE 1

Schedule 1—Transitional provisions

1—Transitional provisions—general water rates

        (1)         In this clause, unless the contrary intention appears—

commencement date means the date on which this Act comes into operation;

consumption year means a consumption year under the principal Act before its amendment by this Act;

principal Act means the Waterworks Act 1932 ;

transitional period means, in respect of any land, the period starting at the beginning of the consumption year for that land that applies in relation to the 2009/2010 financial year and ending on 30 June 2009;

water rates or rate means, according to the context—

            (a)         charges or rates fixed under the principal Act before the commencement date;

            (b)         charges or rates fixed under the principal Act on or after the commencement date,

and other terms used have meanings consistent with the meanings they have in the principal Act.

        (2)         The water rates fixed by notice under section 65C of the principal Act for the 2008/2009 financial year (see Gazette 6 December 2007) will apply with respect to the supply of water to, or in relation to, land during the consumption year for that land that applies in relation to that financial year despite the amendment of the principal Act by this Act.

        (3)         The water rates fixed by notice under section 65C of the principal Act for the 2009/2010 financial year (see Gazette 5 December 2008), subject to any reduction by a notice published under section 84 of the principal Act, will apply with respect to water supplied to, or in relation to, land during the transitional period.

        (4)         The Minister may, before the end of the transitional period, publish a new notice under the principal Act, as amended by this Act, for the purposes of the 2009/2010 financial year.

        (5)         A notice under subclause (4) will have effect according to its terms and, subject to any provision made by the notice, will supersede the notice referred to in subclause (3) for the purposes of the imposition and recovery of rates with respect to the supply of water on and after 1 July 2009.

        (6)         To avoid doubt—

            (a)         any rates payable in respect of water supplied during 2 (or more) periods (or parts of periods) created by or relevant to the operation of this Act and on account of the operation of this clause or anything done under this clause (including a period that commences before 1 July 2009 and ends on or after 1 July 2009) may, depending on when meters are read and the form or nature of any relevant rate, be charged and recovered on a pro rata basis; and

            (b)         the publication of a notice under subclause (4) does not affect the imposition and recovery of rates associated with the supply of water during the transitional period; and

            (c)         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; and

            (d)         section 65CAA(1)(a) of the principal Act, as inserted by this Act, will not apply with respect to the 2009/2010 financial year.

        (7)         In addition, water rates for the 2010/2011 financial year must be fixed by the Minister on or before 7 December 2009 (and section 65CAA(1)(a) of the principal Act, as inserted by this Act, will not apply with respect to the 2010/2011 financial year).

        (8)         Subclause (7) does not apply to a charge or rate within the ambit of section 65CAA(1)(b) of the principal Act, as inserted by this Act.

2—Transitional provisions—agreements

        (1)         In this clause, unless the contrary intention appears—

commencement date means the date on which this Act comes into operation;

relevant Act means—

            (a)         the Waterworks Act 1932 ; or

            (b)         the Water Conservation Act 1936 ;

water rates or rate means, according to the context—

            (a)         charges or rates fixed under a relevant Act before the commencement date;

            (b)         charges or rates fixed under a relevant Act on or after the commencement date,

and other terms used have meanings consistent with the meanings they have in a relevant Act (as a particular case may require).

        (2)         Subject to the following subclauses, a rate fixed under a relevant Act before the commencement date for the supply of water under an agreement will continue to apply with respect to the supply of water to, or in relation to, land.

        (3)         The Minister may, by notice in the Gazette before 1 July 2009, fix a new rate for the supply of water under agreements of a class specified in the notice under a relevant Act for the 2009/2010 financial year in order to provide consistency with the approach to be adopted in connection with the imposition of rates on account of the enactment of this Act.

        (4)         A notice under subclause (3) will have effect according to its terms and will, to the extent of the application of the notice and, subject to any provision made by the notice, supersede any notice that imposed a rate referred to in subclause (2) for the purposes of the imposition and recovery of rates with respect to the supply of water on and after 1 July 2009.

        (5)         To avoid doubt—

            (a)         any rates payable in respect of water supplied during 2 (or more) periods (or parts of periods) created by or relevant to the operation of a relevant Act and on account of the operation of this clause or anything done under this clause (including a period that commences before 1 July 2009 and ends on or after 1 July 2009) may, depending on when meters are read and the form or nature of any relevant rate, be charged and recovered on a pro rata basis; and

            (b)         the publication of a notice under subclause (3) does not affect the imposition and recovery of rates associated with the supply of water before 1 July 2009; and

            (c)         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; and

            (d)         nothing in this clause applies to rates under Part 5 of the Waterworks Act 1932 .