South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
97—Outside council areas
(1) If the
regional NRM plan for a regional NRM board specifies an amount to be
contributed by persons who occupy land outside council areas towards the costs
of the board performing its functions under this Act in a particular financial
year, the Minister may, with the approval of the Governor, by notice in the
Gazette, declare a levy under this section.
(2) A levy declared by
the Minister under this section must be set at a level that will return an
amount that is as near as reasonably practicable to the amount stated in the
relevant regional NRM plan as the amount to be raised by the particular levy
under this section, after taking into account any remissions that may apply
under this section.
(3) A levy is not
invalid because it raises more or less than the amount referred to in subsection (2)
.
(4) Subject to this
section, a levy may be declared with respect to land
within the relevant area (to be called "rateable land" for the purposes of
this section).
(5) The regulations
may exclude land, or land of a prescribed class, from the operation of this
section.
(6) A levy may be
based on 1 of the following factors:
(a) the
capital value of rateable land;
(b) a
fixed charge of the same amount on all rateable land within the relevant area;
(c) a
fixed charge of an amount that depends on the purpose for which rateable land
is used;
(d) the
area of rateable land;
(e) the
purpose for which rateable land is used and the area of the land;
(f) any
other factor prescribed by the regulations.
(7) The purposes for
which land is used that may be the basis for the levy under subsection (6)
must be prescribed by regulation.
(8) Differential
levies may be declared on any basis prescribed by the regulations.
(9) The Minister may,
in declaring a levy, fix a minimum amount payable by way of a levy under this
section (despite a preceding subsection).
(10) Subject to subsection (11)
, the owner of any rateable land will be taken to be the occupier of the land
and so liable to pay a levy declared under this section.
(11) If a person other
than the owner of rateable land has, by notice to the Minister in a manner and
form determined by the Minister, assumed liability to pay a levy under this
section, that person will be liable to pay the levy.
(12) The Minister must
as soon as reasonably practicable after the declaration of a levy under this
section cause a notice of the amount of the levy that is payable in respect of
any land for the relevant financial year to be served on the person liable to
pay the levy.
(13) The notice must
state—
(a) the
amount of the levy payable; and
(b) the
factor on which the levy is based and, if it is a differential levy, the
differential basis; and
(c) the
date on or before which the levy must be paid or, if the Minister is prepared
to accept payment in instalments, the amount of each instalment and the date
on or before which it must be paid.
(14) If there are 2 or
more persons liable to pay a levy, service of a notice on 1 of them will be
taken to be service on both or all of them.
(15) The Minister
may—
(a)
arrange for service of a notice to be effected as part of any other notice
served by a public authority or other person;
(b)
arrange for collection of a levy to be effected by a public authority or other
person.
(16) The Governor may,
by regulation—
(a) make
other provisions for the collection of the levy (including by making provision
for regional NRM boards to pay to the Minister the costs incurred by the
Minister with respect to the collection of a levy under this section);
(b)
grant remissions in respect of the levy, or a part of the levy;
(c)
provide for such other matters as the Governor thinks fit.