South Australian Repealed Acts

This legislation has been repealed.

WATERWORKS ACT 1932 - SECT 86A

86A—Liability for rates in strata scheme

        (1)         Subject to subsection (3) , where land is divided by a strata plan under the Community Titles Act 1996 or the Strata Titles Act 1988 —

            (a)         the owner of each lot or unit is liable for payment of the supply charge and the Save the River Murray levy in respect of the lot or unit; and

            (b)         the community or strata corporation is liable for payment of the supply charge (if any) in respect of the common property or a part of the common property; and

            (c)         the community or strata corporation is liable for payment of the water use charges in respect of the strata scheme.

        (2)         A community or strata corporation may advise the Corporation by written notice that the corporation has decided that the water use charges will be shared between the lots or units equally or in some other proportion specified in the notice.

        (3)         Where a notice under subsection (2) is in operation in respect of a financial year, the owner of a lot or unit (and not the community or strata corporation) is liable for the payment of a proportion of the water use charges for that year in accordance with the notice.

        (4)         A community or strata corporation may revoke a notice under subsection (2) by written notice given to the Corporation.

        (5)         A notice under subsection (2) or (4) —

            (a)         must be in a form approved by the Corporation;

            (b)         operates from the next determination by the Corporation of water rates payable in respect of the strata scheme.

        (6)         A notice given to the Corporation under this section must have been authorised by a special resolution of the community or strata corporation but if it was not so authorised—

            (a)         the owners of the lots or units or the community or strata corporation are nevertheless liable to the Corporation for payment of water use charges as though the notice has been so authorised;

            (b)         the owner of a lot or unit or a community or strata corporation that is liable to pay to the Corporation a greater share of any water use charges than he, she or it would have been liable for if the notice had not been given to the Corporation is entitled to contribution from the lot or unit holders or the community or strata corporation (whichever is applicable) on the basis of what their respective liabilities would have been if the notice had not been given to the Corporation.

        (7)         This section is subject to—

            (a)         the other provisions of this Act;

            (b)         a provision of any other Act as to the manner in which the liability for water rates, or any component of water rates, is to be shared between the owner and occupier of land.

        (9)         In this section—

"owner" in relation to a lot or unit includes subsequent owners of the lot or unit.