South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
23—Contribution to funding of project
(1) The Minister may
levy contributions from all persons who own or occupy more than 10 hectares of
private land in the Project Area.
(a) a
contribution will not be levied in respect of land to the extent that a
management agreement that relates to the land provides for a reduction in, or
exemption from, the levy; and
(b) the
Minister may, by notice in the Gazette, provide for a reduction in, or
exemption from, the levy.
(3) An exemption under
subsection (2)(b)
may operate in respect of a period commencing before publication of the
notice.
(4) The money received
by the Minister under this section will, after deduction of administrative
costs relating to the collection of contributions, be applied towards the cost
to the Minister of—
(a) any
work associated with the implementation of the Project; or
(b) any
activity associated with furthering or enhancing the Project Undertaking.
(5) The Minister may,
by notice in the Gazette, fix a rate, or rates, of contribution for the
purposes of this section in respect of any specified financial year or years.
(6) Rates of
contribution may vary according to factors specified by the Minister in the
notice.
(7) The Minister may,
by notice in the Gazette, vary or revoke a notice under this section.
(8) The Minister may
establish a scheme for the collection of contributions under this section.
(9) A scheme may, for
example, provide for—
(a) an
accelerated payment option or options under which contributions are
discounted;
(b) an
extended payment option or options under which contributions include an
interest component;
(c)
payment by instalments;
(d)
recalculation of contributions in the event of a person changing payment
options;
(e) the
payment of refunds in specified circumstances;
(f) an
arrangement under which contributions are collected by another
public authority on behalf of the Minister.
(10) If an amount
payable under this section is not paid on or before the date on which it falls
due—
(a) the
amount will be regarded as being in arrears; and
(b) a
fine of 5 per cent of the amount is payable; and
(c) on
the expiration of each month from that date, interest at a rate not exceeding
the prescribed percentage is payable in respect of the amount in arrears
(including the amount of any previous unpaid fine and interest).
(11) The Minister may
remit an amount payable under subsection (10)
in whole or in part.
(12) A contribution or
other amount payable under this section—
(a) if
in arrears, is recoverable by the Minister as a debt due to the Crown; and
(b) is a
charge over the land to which it relates ranking in priority before all other
charges and mortgages (other than a charge or mortgage in favour of the Crown
or an instrumentality of the Crown).
(13) In this
section—
"prescribed percentage" means a percentage calculated as follows:
where—
"DBR" is the designated bank rate for that financial year
"designated bank rate", for a particular financial year, means a rate
designated by the regulations for the purposes of this item at the
commencement of the financial year
"p" is the prescribed percentage;
"prime bank rate", for a particular financial year, means the published
indicator rate for prime corporate lending of the Commonwealth Bank of
Australia at the commencement of the financial year;
"private land" means land that is not—
(a)
unalienated land of the Crown; or
(b)
vested in or under the care, control or management of a public authority;
"public authority" means—
(a) an
agency or instrumentality of the Crown; or
(b) a
council.