South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
92—Contributions by constituent councils
(1) If the
regional NRM plan for a regional NRM board specifies an amount
(the "base contribution amount") to be contributed by the constituent councils
for the region towards the costs of the board performing its functions under
this Act in a particular financial year, the constituent councils are
responsible to make a contribution based on that amount in accordance with the
requirements of this Part in respect of that financial year.
(2) Subject to this
section, liability for the amount to be contributed by constituent councils
will be shared between them—
(a) if
the levy under section 95
is based on the value of rateable land—
(i)
unless subparagraph (ii)
or (iii) applies, in the proportions that the capital value of the
rateable land in the relevant NRM region is distributed amongst the areas of
the councils (this subparagraph applies despite the fact that an individual
council uses a different basis to impose its levy—see section 95(3)(b)
);
(ii)
if all of the constituent councils base their
general rates on the site value of land—in the proportions that the
site value of the rateable land in the relevant NRM region is distributed
amongst the areas of the councils;
(iii)
if all of the constituent councils base their
general rates on the annual value of land—in the proportions that the
annual value of the rateable land in the relevant NRM region is distributed
amongst the areas of the councils;
(b) if
the levy is a fixed amount on all rateable land—in proportion to the
number of rateable properties situated in the area of each council (being
properties that are also situated in the relevant NRM region);
(c) if
the levy is a fixed amount that depends on the purpose for which rateable land
is used—in proportion to the number of rateable properties used for each
relevant purpose that are in the area of each council and are also in the
relevant NRM region;
(d) if
the levy is based on the area of rateable land—in the proportions that
the area of the rateable land in the relevant NRM region is distributed
amongst the areas of the councils;
(e) if
the levy is based on the purpose for which rateable land is used and the area
of rateable land—in the proportions that the area of the rateable land
in the relevant NRM region that is used for each purpose is distributed
amongst the areas of the councils;
(f) if
the levy is based on the location of rateable land—in proportion to the
number of rateable properties situated within the location or locations in the
area of each council (being properties that are also situated in the relevant
NRM region).
(3) The Minister may,
in connection with the operation of subsection (2)
, determine that there should be differentiating factors applied with respect
to the calculation of the respective shares of the constituent councils taking
into account any matter prescribed by the regulations and make adjustments to
the shares that the constituent councils would otherwise contribute on the
basis of those factors.
(4) The share of each
council will be determined by the Minister after consultation with the
council.
(5) A council must, at
the request of the Minister, supply the Minister with information in the
possession of the council to enable the Minister to determine shares under subsections (2)
and (3) .
(6) The Minister must,
after making a determination of the share of each council taking into account
all of the matters referred to above, submit the amount to be contributed by
each council to the Governor for approval.
(7) The Minister must
cause notice of the determination of a council's share to be given to the
council and to be published in the Gazette.
(7a) If a piece of
rateable land that is relevant to the operation of this section is
divided—
(a) by
the boundaries of 2 or more NRM regions; or
(b) by
the boundaries of 2 or more councils,
then the whole of the land will be taken to be assigned to a particular NRM
region or a particular council area (as the case requires) in accordance with
a scheme set out in the regulations (and the other provisions of this Chapter
will then apply accordingly so that only 1 regional NRM levy is
imposed in relation to the whole of the land in accordance with the assignment
and so that the whole of the levy so imposed will be payable with respect to
the regional NRM board for the region to which the assignment relates).
(8) A regulation
cannot be made for the purposes of this section unless the Minister has given
the LGA notice of the proposal to make a regulation under this section and
given consideration to any submission made by the LGA within a period (of at
least 21 days) specified by the Minister.
(9) In this
section—
"rateable land" means rateable land under the Local
Government Act 1999 .