South Australian Repealed Acts

This legislation has been repealed.

WATERWORKS ACT 1932 - SECT 86AA

86AA—Liability for rates where land divided by community plan

        (1)         Where land is divided by a primary, secondary or tertiary plan of community division under the Community Titles Act 1996 —

            (a)         in the case of the division of land by a primary plan—water rates are payable in respect of the primary lots that are not divided by a secondary plan and in respect of a development lot or lots (if any);

            (b)         in the case of the division of land by a secondary plan—water rates are payable in respect of the secondary lots that are not divided by a tertiary plan and in respect of the development lot or lots (if any);

            (c)         in the case of the division of land by a tertiary plan—water rates are payable in respect of the tertiary lots and a development lot or lots (if any).

        (2)         Where land is divided by a primary, secondary or tertiary plan of community division under the Community Titles Act 1996 and the lots created by the plan comprise commercial land—

            (a)         in the case of the division of land by a primary plan—where the use of the common property or part of it is, in the opinion of the Valuer-General reasonably incidental to the use of one or more of the primary lots, a supply charge will not be levied against the common property, or that part of it, but the interest in the common property, or that part of it, that attaches to each primary lot will be regarded for the purposes of valuation as part of the lot;

            (b)         in the case of the division of land by a secondary plan—where the use of the common property or part of it is, in the opinion of the Valuer-General reasonably incidental to the use of one or more of the secondary lots, a supply charge will not be levied against the common property, or that part of it, but the interest in the common property, or that part of it, (and in the common property of the primary scheme referred to in paragraph (a) (if any)) that attaches to each secondary lot will be regarded for the purposes of valuation as part of the lot;

            (c)         in the case of the division of land by a tertiary plan—where the use of the common property or part of it is, in the opinion of the Valuer-General, reasonably incidental to the use of one or more of the tertiary lots, a supply charge will not be levied against the common property, or that part of it, but the interest in the common property, or that part of it, (and in the common property of the primary and secondary schemes referred to in paragraphs (a) and (b) (if any)) that attaches to each tertiary lot will be regarded for the purposes of valuation as part of the lot.

        (3)         Where—

            (a)         land is divided by a primary, secondary or tertiary plan of community division under the Community Titles Act 1996 ; and

            (b)         the lots created by the plan comprise commercial land; and

            (c)         the use of the common property or any part of it is not, in the opinion of the Valuer-General, reasonably incidental to the use of any of the community lots,

a supply charge may be levied against the common property or that part of it and the relevant community corporation is liable for the supply charge as though it were the owner of the common property.

        (4)         Subject to this Act, where land is divided by a plan of community division and water rates are levied separately against the common property, or part of the common property, the community corporation is liable for those rates as though it were the owner of the common property.

        (5)         In this section—

"commercial land" has the same meaning as in Division 1 .