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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Waterworks (Rates) Amendment
Bill 2009
A BILL FOR
An Act to amend the Waterworks Act 1932.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Waterworks
Act 1932
4 Amendment of
section 4—Interpretation
5 Amendment of section
65A—Interpretation
6 Amendment of section 65B—Composition of
rates
7 Amendment of section 65C—Declaration of rates etc by
Minister
8 Insertion of section 65CAA
65CAA Related
principles
9 Repeal of section 65D
10 Repeal of section
68
11 Amendment of section 86A—Liability for rates in strata
scheme
12 Amendment of section 86B—Sharing water use charges in certain
circumstances
13 Repeal of Schedule
Schedule 1—Transitional
provisions
1 Transitional provisions—general water
rates
2 Transitional provisions—agreements
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Waterworks (Rates) Amendment
Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Waterworks
Act 1932
4—Amendment of
section 4—Interpretation
Section 4(1), definition of consumption year—delete the
definition
5—Amendment of
section 65A—Interpretation
(1) Section 65A(1), definition of water consumption
rate—delete the definition
(2) Section 65A(1), definition of water rate—delete
the definition and substitute:
water rates are the charges and rates under section 65B,
as declared or fixed under this Division.
(3) Section 65A(2)—delete subsection (2)
6—Amendment of
section 65B—Composition of rates
(1) Section 65B(1)(b)—delete "water consumption rate" and
substitute:
water use charge or charges
(2) Section 65B(4)—delete "the water rate" and substitute:
any water use charge (which may be expressed as a rate per volume of water
supplied per specified period or periods)
(3) Section 65B(5)—delete subsection (5)
7—Amendment of
section 65C—Declaration of rates etc by Minister
(1) Section 65C(1)(d)—delete "water rate" and substitute:
water use charge or charges
(2) Section 65C(2)(a)—delete "supply"
(3) Section 65C(2)(b)—delete paragraph (b) and substitute:
(b) may, in relation to all land or to a particular class of land, fix a
series of water use charges that vary according to the volume of water supplied
to the land over a specified period or periods;
After section 65C insert:
65CAA—Related principles
(1) In providing for the declaration, imposition and recovery of water
rates, the following principles will apply:
(a) subject to paragraph (b), water rates will be fixed by the
Minister before the commencement of a financial year in relation to which the
rates are to apply, and that if rates are not fixed with respect to a financial
year before 1 June in any particular year then the rates will remain the
same and apply with respect to the immediately succeeding financial
year;
(b) the Minister may fix the minimum supply charge in respect of
commercial land under section 65C(1)(b) or the rate to be applied to the
capital value of land under section 65C(1)(c) at any time up to (and
including) 31 July in the financial year in relation to which the charges
and rates are to apply;
(c) a period used for the purposes of fixing a water use charge may be any
period of between 1 day and 12 months (being, in the case of
12 months, a period constituting a financial year but not so as to derogate
from the operation of a succeeding paragraph);
(d) water use charges may, depending on when meters are read and the form
or nature of the relevant rate or rates, be charged and recovered on a pro rata
basis according to—
(i) readings that relate to water supplied during various periods or parts
of periods; and
(ii) the application of the relevant rate or rates over the period of
supply to which a water use charge or charges are to be applied;
(e) water use charges may, depending on when meters are read, be recovered
after the end of the financial year to which they relate.
(2) In connection with the operation of subsection (1), any
determination, calculation or adjustment of any amount (whether in the nature of
a water rate or in relation to the supply of any water) over or in respect of
any period or on a pro rata basis may assume that water has been supplied at a
uniform daily rate over any relevant period.
Section 65D—delete the section
Section 68—delete the section
11—Amendment of
section 86A—Liability for rates in strata scheme
(1) Section 86A(1)(c)—delete "water consumption rate" and
substitute:
water use charges
(2) Section 86A(2)—delete "water consumption rate" and
substitute:
water use charges
(3) Section 86A(3)—delete "water consumption rate" and
substitute:
water use charges
(4) Section 86A(5)(b)—delete paragraph (b) and substitute:
(b) operates from the next determination by the Corporation of water rates
payable in respect of the strata scheme.
(5) Section 86A(6)(a)—delete "the water consumption rate" and
substitute:
water use charges
(6) Section 86A(6)(b)—delete "the water consumption rate" and
substitute:
any water use charges
(7) Section 86A(8)—delete subsection (8)
12—Amendment of
section 86B—Sharing water use charges in certain
circumstances
(1) Section 86B(1)—delete "the water consumption rate" and
substitute:
water use charges
(2) Section 86B(2)(a)—delete "the water consumption rate" and
substitute:
water use charges
(3) Section 86B(3)(b)—delete paragraph (b) and substitute:
(b) operates from the next determination by the Corporation of water rates
payable in respect of the relevant land.
(4) Section 86B(5)—delete subsection (5)
Schedule—delete the Schedule
Schedule
1—Transitional provisions
1—Transitional
provisions—general water rates
(1) In this clause, unless the contrary intention appears—
commencement date means the date on which this Act comes into
operation;
consumption year means a consumption year under the principal
Act before its amendment by this Act;
principal Act means the Waterworks
Act 1932;
transitional period means, in respect of any land, the period
starting at the beginning of the consumption year for that land that applies in
relation to the 2009/2010 financial year and ending on
30 June 2009;
water rates or rate means, according to the
context—
(a) charges or rates fixed under the principal Act before the commencement
date;
(b) charges or rates fixed under the principal Act on or after the
commencement date,
and other terms used have meanings consistent with the meanings they have
in the principal Act.
(2) The water rates fixed by notice under section 65C of the
principal Act for the 2008/2009 financial year (see Gazette
6 December 2007) will apply with respect to the supply of water to, or
in relation to, land during the consumption year for that land that applies in
relation to that financial year despite the amendment of the principal Act by
this Act.
(3) The water rates fixed by notice under section 65C of the
principal Act for the 2009/2010 financial year (see Gazette
5 December 2008), subject to any reduction by a notice published under
section 84 of the principal Act, will apply with respect to water supplied
to, or in relation to, land during the transitional period.
(4) The Minister may, before the end of the transitional period, publish a
new notice under the principal Act, as amended by this Act, for the purposes of
the 2009/2010 financial year.
(5) A notice under subclause (4) will have effect according to its
terms and, subject to any provision made by the notice, will supersede the
notice referred to in subclause (3) for the purposes of the imposition and
recovery of rates with respect to the supply of water on and after
1 July 2009.
(6) To avoid doubt—
(a) any rates payable in respect of water supplied during 2 (or more)
periods (or parts of periods) created by or relevant to the operation of this
Act and on account of the operation of this clause or anything done under this
clause (including a period that commences before 1 July 2009 and ends
on or after 1 July 2009) may, depending on when meters are read and
the form or nature of any relevant rate, be charged and recovered on a pro rata
basis; and
(b) the publication of a notice under subclause (4) does not affect
the imposition and recovery of rates associated with the supply of water during
the transitional period; and
(c) any determination, calculation or adjustment of any amount (whether in
the nature of a water rate or in relation to the supply of any water) over or in
respect of any period or on a pro rata basis may assume that water has been
supplied at a uniform daily rate over any relevant period; and
(d) section 65CAA(1)(a) of the principal Act, as inserted by this Act,
will not apply with respect to the 2009/2010 financial year.
2—Transitional
provisions—agreements
(1) In this clause, unless the contrary intention appears—
commencement date means the date on which this Act comes into
operation;
relevant Act means—
(a) the Waterworks Act 1932; or
(b) the Water Conservation Act 1936;
water rates or rate means, according to the
context—
(a) charges or rates fixed under a relevant Act before the commencement
date;
(b) charges or rates fixed under a relevant Act on or after the
commencement date,
and other terms used have meanings consistent with the meanings they have
in a relevant Act (as a particular case may require).
(2) Subject to the following subclauses, a rate fixed under a relevant Act
before the commencement date for the supply of water under an agreement will
continue to apply with respect to the supply of water to, or in relation to,
land.
(3) The Minister may, by notice in the Gazette before
1 July 2009, fix a new rate for the supply of water under agreements
of a class specified in the notice under a relevant Act for the 2009/2010
financial year in order to provide consistency with the approach to be adopted
in connection with the imposition of rates on account of the enactment of this
Act.
(4) A notice under subclause (3) will have effect according to its
terms and will, to the extent of the application of the notice and, subject to
any provision made by the notice, supersede any notice that imposed a rate
referred to in subclause (2) for the purposes of the imposition and
recovery of rates with respect to the supply of water on and after
1 July 2009.
(5) To avoid doubt—
(a) any rates payable in respect of water supplied during 2 (or more)
periods (or parts of periods) created by or relevant to the operation of a
relevant Act and on account of the operation of this clause or anything done
under this clause (including a period that commences before
1 July 2009 and ends on or after 1 July 2009) may, depending
on when meters are read and the form or nature of any relevant rate, be charged
and recovered on a pro rata basis; and
(b) the publication of a notice under subclause (3) does not affect
the imposition and recovery of rates associated with the supply of water before
1 July 2009; and
(c) any determination, calculation or adjustment of any amount (whether in
the nature of a water rate or in relation to the supply of any water) over or in
respect of any period or on a pro rata basis may assume that water has been
supplied at a uniform daily rate over any relevant period; and
(d) nothing in this clause applies to rates under Part 5 of the
Waterworks Act 1932.