(1) If, for a
financial year, a water service charge calculated in respect of land under
Schedule 4 item 2, 3 or 12 or Schedule 5 item 6
is more than 12.5% greater than the charge payable in respect of the land for
the same service under the same circumstances in the previous financial year,
the charge payable for the financial year cannot be more than 12.5% more than
the charge payable for the previous financial year.
(2) If, for a
financial year, a water service charge calculated in respect of land under
Schedule 5 item 4 or 5 is more than $25.00 greater than the
charge payable in respect of the land for the same service under the same
circumstances in the previous financial year, the charge payable for the
financial year cannot be more than $25.00 more than the charge payable for the
previous financial year.
(3) If, because of a
change of circumstances in a financial year, a water service charge set out in
Schedule 4 item 2, 3 or 12 or Schedule 5
item 4, 5 or 6 commences to apply in respect of land, the
charge payable for the remainder of the year is to be calculated as
follows —
(a) the
charge is to be calculated for the whole of the year on the basis of the new
circumstances;
(b) the
Water Corporation is to estimate a notional charge for the previous financial
year in respect of the land, that is, the charge that would have been payable
for that year if the new circumstances had applied to the land for the whole
of that year;
(c) the
charge calculated in accordance with paragraph (a) is to be limited in
accordance with subregulation (1) or (2) (where relevant), using the
notional charge estimated in accordance with paragraph (b);
(d) the
charge calculated in accordance with paragraph (a), as limited in
accordance with paragraph (c) (where relevant), is to be reduced pro
rata.
(4) If, in a financial
year, there is a change of circumstances in relation to which
subregulation (3) applies and a subsequent change of circumstances in
relation to which the subregulation applies, the reference in the
subregulation to the remainder of the year is, for the purposes of the first
mentioned application of the subregulation, to be read as a reference to that
part of the year commencing on the day on which the change of circumstances
occurs and ending on the day before the day on which the subsequent change of
circumstances occurs.
[Regulation 28 amended: Gazette
30 Jun 2015 p. 2364; 27 Jun 2016 p. 2538;
15 Sep 2017 p. 4796; 22 Jun 2018 p. 2213;
14 Jun 2019 p. 1930; SL 2021/80 r. 6; SL 2022/82
r. 8.]
[ 28A. Deleted: SL 2021/80 r. 7.]