South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 112

112—Recovery rights with respect to unpaid levy

        (1)         In the case of an OC-NRM levy, the levy will be a first charge on rateable land in accordance with a scheme established by the regulations.

        (2)         In the case of an NRM water levy, other than a levy imposed in relation to a water licence or water allocation, the levy will be a first charge on—

            (a)         in the case of a levy imposed in relation to a site use approval or delivery capacity entitlement—any land where any water that relates to the relevant water management authorisation is used;

            (b)         in the case of a water resource works approval—the land where the relevant works are located, or to which they are connected (taking into account any principles prescribed by the regulations),

in accordance with a scheme established by the regulations.

        (3)         In addition, any levy that is not paid in accordance with a notice under section 105 , together with any interest under section 110 , may be recovered by the Minister as a debt from any person who is liable to pay the levy.

        (4)         No statute of limitations bars or affects any action or remedy for recovery by the Minister of an amount under subsection (3) .

        (5)         Any action to recover any levy (and interest) as a debt does not prejudice any action to recover any levy (and interest) as a charge on land in a case where subsection (2) applies, and vice versa, but any amount sought to be recovered under 1 right must be adjusted to take into account any amount actually recovered under the other right.