South Australian Repealed Acts

This legislation has been repealed.

WATERWORKS ACT 1932 - SECT 65CA

65CA—Save the River Murray levy

        (1)         The Save the River Murray levy is—

            (a)         for category 1 land—$30 (indexed) for each financial year;

            (b)         for category 2 land—$135 (indexed) for each financial year.

"Category 1 land" is residential land and land of any other class declared under subsection (4) to be category 1 land.

"Category 2 land" is any other land.

        (2)         A proportionate amount of the levy is payable for each quarter.

Note—

As the levy will not come into operation until the second quarter of the 2003–2004 financial year, it follows that the amount of the levy for that financial year will be only three-quarters of the amount referable to a full financial year.

        (3)         The amount of the levy is to be adjusted (to the nearest 20 cents) for each financial year commencing after this section comes into operation by multiplying the relevant amount fixed in subsection (1) by a multiplier obtained by dividing the Consumer Price Index (All Groups Index for Adelaide) for the March quarter in the calendar year in which the relevant financial year commences by the Consumer Price Index (All Groups Index for Adelaide) for the March quarter 2003.

        (4)         The Minister may—

            (a)         declare specified non-residential land or a particular class of non-residential land to be category 1 land; or

            (b)         exclude specified land or land of a specified class from the application of the levy; or

            (c)         declare that specified persons or persons of a specified class are entitled to a remission or partial remission of the levy; or

            (d)         vary or revoke a previous declaration or exclusion under this subsection.

        (5)         The Minister is to exercise the powers conferred by subsection (4) —

            (a)         by notice in the Gazette; or

            (b)         in the case of a declaration or exclusion related to specified land or specified persons (or the variation or exclusion of such a declaration or exclusion)—either by notice in the Gazette or by instrument in writing.

A declaration or exclusion (or the variation or revocation of a declaration or exclusion) is to take effect from the commencement of a particular financial year or a particular quarter (to be specified in the relevant notice or instrument). Where the declaration or exclusion (or its variation or revocation) is made by notice in the Gazette, the notice must be published before the date on which it is to take effect. An instrument related to specified land or specified persons may operate retrospectively from a specified date (but not from a date falling before the commencement of the financial year in which the instrument is made).

        (6)         The above provisions are subject to the following qualifications:

            (a)         a local government council is liable to a single levy of $135 (indexed) for each financial year irrespective of the number of its landholdings and their classification;

            (b)         a person entitled to a remission of water rates under the Rates and Land Tax Remission Act 1986 is exempt from the levy;

            (c)         a registered housing co-operative entitled to a remission of water rates in respect of premises or a part of premises under section 104 of the South Australian Co-operative and Community Housing Act 1991 is exempt from the levy to the extent that it would (apart from this paragraph) apply to the relevant premises or the relevant part of the premises.