Emergency Services Funding (Remissions—Land) Regulations 2014 (SA)
South Australia
under the
These regulations may be cited as the
Emergency Services Funding (Remissions—Land) Regulations 2014 .
In these regulations—
Act means theEmergency Services Funding Act 1998 ;
commercial land means land that is taken under section 8(2) of the Act to be used for the purpose defined ascommercial in that section;
domestic partner means a person who is a domestic partner within the meaning of theFamily Relationships Act 1975 , whether declared as such under that Act or not;
eligible residential park means a residential park set out in Schedule 3;
emergency services areas proclamation 2000 means the proclamation made by the Governor reconstituting the emergency services areas under the Act (Gazette 29.06.2000 p3413 );
industrial land means land that is taken under section 8(2) of the Act to be used for the purpose defined asindustrial in that section;
levy means the levy under Part 3 Division 1 of the Act;
prescribed rate , in relation to a financial year, means the amount declared under section 10 of the Act as the levy, or component of the levy, for that financial year that is payable in respect of each dollar of the value of land;
Regional area 1 means the part of the State reconstituted as the Regional area 1 emergency services area by the emergency services areas proclamation 2000;
Regional area 2 means the part of the State reconstituted as the Regional area 2 emergency services area by the emergency services areas proclamation 2000;
Regional area 3 means the part of the State reconstituted as the Regional area 3 emergency services area by the emergency services areas proclamation 2000;
Regional area 4 means the part of the State reconstituted as the Regional area 4 emergency services area by the emergency services areas proclamation 2000;
relevant financial year means the 2024/2025 financial year;
residential land means land that is taken under section 8(2) of the Act to be used for the purpose defined asresidential in that section;
rural land means land that is taken under section 8(2) of the Act to be used for the purpose defined asrural in that section and includes vacant land that is not used for any purpose but is taken by section 8(4) of the Act to be land used for a rural purpose.
(1) If a person holds residential land from the Crown and is the owner of the land for the purposes of the Act by virtue of paragraph (e) of the definition of
owner in section 3(1) of the Act, the levy in respect of that land for the relevant financial year is remitted for the benefit of that person to the extent set out in regulation 7.(2) However, subregulation (1) does not apply in relation to an owner who holds the land—
(a) under a lease, licence or agreement under the
Crown Land Management Act 2009 or theNational Parks and Wildlife Act 1972 ; or(b) under an agreement to purchase under the
Crown Lands Act 1929 (repealed); or(c) under a residential tenancy agreement (within the meaning of the
Residential Tenancies Act 1995 ).
(1) Subject to subregulation (2), the levy for the relevant financial year in respect of residential land is remitted for the benefit of all persons who are liable to pay the levy in respect of that land to the extent set out in regulation 7.
(2) If a person is entitled to a remission in respect of land under regulation 6, 8A or 10A, the person is not entitled to a remission in respect of the same land under subregulation (1).
(3) If 2 or more persons own land jointly or as tenants in common and 1 or more of them is entitled to a remission under regulation 6, the persons who are not entitled to the remission under regulation 6 are entitled to a remission under subregulation (1) proportionate to their interest in the land.
(1) If—
(a) a person holds residential land; and
(b) the land comprises his or her principal place of residence; and
(c) he or she falls within 1 or more of the classes set out in subregulation (5)—
(i) on the date of issue stated in the notice of levy in respect of the land under section 16 of the Act; or
(ii) on the date by which the levy must be paid stated in the notice of levy in respect of the land under section 16 of the Act; or
(iii) at any time between the dates referred to in subparagraphs (i) and (ii),
the levy in respect of that land for the relevant financial year is remitted for the benefit of that person to the extent set out in regulation 7(2).
(2) Subject to this regulation, a person entitled to a remission under subregulation (1) is entitled to a further remission of the levy in respect of that land to the extent set out in regulation 7(3).
(3) Subject to subregulation (4), if 2 or more persons own land jointly or as tenants in common, each of them who is entitled to a remission under this regulation in respect of the land is entitled to a part of the remission set out in regulation 7 that is proportionate to his or her interest in the land.
(4) If a married couple or domestic partnership owns land solely, or jointly or as tenants in common with another person or persons, the 2 persons comprising the married couple or domestic partnership are entitled to a remission, or a proportionate part of a remission, under this regulation if—
(a) the land is the principal place of residence of both of them; and
(b) either 1 of them is entitled to a remission in respect of the land under this regulation.
(5) To be entitled to a remission under this regulation, a person must be—
(a) the holder of a current Pensioner Concession Card issued by the Commonwealth Government; or
(b) the holder of a current TPI Gold Repatriation Health Card issued by the Commonwealth Government; or
(c) the holder of a current War Widows Gold Repatriation Health Card issued by the Commonwealth Government; or
(d) the holder of a current Gold Repatriation Health Card (EDA) issued by the Commonwealth Government; or
(e) the holder of a current Gold Repatriation Health Card issued by the Commonwealth Government to a person with 80 or more overall impairment points under the
Military Rehabilitation and Compensation Act 2004 of the Commonwealth; or(f) the holder of a current Commonwealth Seniors Health Card issued by the Commonwealth Government; or
(g) the holder of a current Low Income Health Care Card issued by the Commonwealth Government; or
(h) in receipt of—
(i) an Austudy payment; or
(ii) a jobseeker payment; or
(iii) a parenting payment; or
(vi) a special benefit; or
(viii) a youth allowance,
under the
Social Security Act 1991 of the Commonwealth; or
(i) in receipt of an Abstudy payment from the Commonwealth Government; or
(j) in receipt of payments under the Community Development Program established by the Commonwealth Government; or
(k) in receipt of payments under the Self‑Employment Allowance established by the Commonwealth Government; or
(l) in receipt of a pension as a war widow under legislation of the United Kingdom or New Zealand; or
(n) in receipt of farm household allowance payments under the
Farm Household Support Act 2014 of the Commonwealth.(6) In this regulation, land comprises a person's principal place of residence if the Minister is satisfied that it comprised the person's principal place of residence on 1 July of the financial year to which the levy relates.
(1) The amount of the remission under regulation 5 is the whole of the levy.
(1a) The amount of the remission under regulation 5A is determined in accordance with the following formula:
(2) The amount of the remission under regulation 6(1) is determined in accordance with the following formula:
Where—
A is the amount of the remission
L 1 is the amount of the component of the levy that is based on the value of the land
PR is the prescribed rate.
(3) The amount of the remission under regulation 6(2) is $46.
If a person is entitled to a remission under regulation 6(1) and (2) in respect of the same land, the remission under regulation 6(1) must be determined and deducted before the remission under regulation 6(2) is deducted.
The levy for the relevant financial year in respect of land constituting an eligible residential park is remitted for the benefit of all persons who are liable to pay the levy in respect of that land to the extent set out in regulation 8B.
The amount of the remission under regulation 8A is determined in accordance with the following formula:
Where—
A is the amount of the remission
L 1 is the amount of the component of the levy that is based on the value of the land
PR is the prescribed rate
RF is the remissions factor being—
(a) if the land is residential land—0.000196; or
(b) if the land is commercial land—0.000726; or
(c) if the land is rural land situated in Regional area 1, Regional area 2 or Regional area 3—0.000071; or
(d) if the land is rural land situated in Regional area 4—0.000196.
(1) The levy for the relevant financial year in respect of rural land is remitted for the benefit of all persons who are liable to pay the levy in respect of that land to the extent set out in regulation 8D.
(2) If a person is entitled to a remission in respect of land under regulation 8A, the person is not entitled to a remission in respect of the same land under this regulation.
(1) The amount of the remission under regulation 8C in respect of rural land situated in Regional area 4 is determined in accordance with the following formula:
(2) The amount of the remission under regulation 8C in respect of rural land situated in Regional area 1, Regional area 2 or Regional area 3 is determined in accordance with the following formula:
(1) The levy for the relevant financial year in respect of land that is being used on the relevant day solely or predominantly for 1 or more of the purposes set out in Schedule 1 is remitted for the benefit of all persons who are liable to pay the levy in respect of that land to the extent set out in regulation 10.
(1a) If a person is entitled to a remission in respect of land under regulation 10A(3), the person is not entitled to a remission in respect of the same land under this regulation.
(2) In subregulation (1)—
relevant day has the same meaning as in section 8 of the Act.
(1) If the levy includes a component based on the value of the land and a component that is a fixed charge, the amount of the remission is the aggregate of the amounts of the remissions determined under subregulations (3) and (5).
(2) If the levy is comprised only of a component based on the value of the land, the amount of the remission is determined under subregulation (3).
(3) The amount of the remission under this subregulation is determined in accordance with the following formula:
(4) If the levy is comprised only of a component that is a fixed charge, the amount of the remission is determined under subregulation (5).
(5) The amount of the remission under this subregulation is $30 or the amount of the fixed charge, whichever is the lesser.
(1) The levy for the relevant financial year in respect of land that is being used on the relevant day solely or predominantly for the purpose set out in item 1 of Schedule 2 is remitted for the benefit of all persons who are liable to pay the levy in respect of that land to the extent set out in regulation 10B(1).
(2) The levy for the relevant financial year in respect of land that is being used on the relevant day solely or predominantly for 1 or more of the purposes set out in items 2 and 3 of Schedule 2 is remitted for the benefit of all persons who are liable to pay the levy in respect of that land to the extent set out in regulation 10B(2).
(3) If land constituting an eligible residential park is being used on the relevant day solely or predominantly for 1 or more of the purposes set out in Schedule 1, the levy in respect of that land for the relevant financial year is remitted for the benefit of all persons who are liable to pay the levy in respect of that land to the extent set out in regulation 10B(1).
(4) In this regulation—
relevant day has the same meaning as in section 8 of the Act.
(1) The amount of the remission under regulation 10A(1) and (3) is—
(a) if the levy is comprised only of a component that is a fixed charge—$30 or the amount of the fixed charge, whichever is the lesser; or
(b) if the levy is comprised only of a component based on the value of the land—determined in accordance with the following formula:
Where—
A is the amount of the remission
L 1 is the amount of the component of the levy that is based on the value of the land
L 2 is the amount that the component of the levy that is based on the value of the land would have been if the value of the land use factor in respect of the land had been one fifth of the value fixed by the Governor's notice under section 10 of the Act
PR is the prescribed rate; or
(c) if the levy includes a component based on the value of the land and a component that is a fixed charge—the aggregate of the amounts of the remissions determined under paragraphs (a) and (b).
(2) The amount of the remission under regulation 10A(2) is determined in accordance with the following formula:
The levy for the relevant financial year in respect of land that is not commercial land, industrial land, residential land, rural land or land to which a remission applies under Part 3 is remitted for the benefit of all persons who are liable to pay the levy in respect of that land to the extent set out in regulation 10D.
The amount of the remission under regulation 10C is determined in accordance with the following formula:
The levy for the relevant financial year in respect of land situated in Regional area 2 that has a capital value for the purposes of section 6(3) of the Act of $1 000 or less is remitted by this Part for the benefit of all persons who are liable to pay the levy to the extent set out in regulation 12.
The amount of the remission is the whole of the levy.
(1) The levy for the relevant financial year in respect of land situated in Regional area 3 that has a capital value for the purposes of section 6(3) of the Act of $1 000 or less is remitted by this Part for the benefit of all persons who are liable to pay the levy to the extent set out in regulation 14.
(2) The levy for the relevant financial year in respect of all other land situated in Regional area 3 is remitted by this Part for the benefit of all persons who are liable to pay the levy to the extent set out in regulation 14.
(1) The amount of the remission under regulation 13(1) in respect of land situated in Regional area 3 that has a capital value for the purposes of section 6(3) of the Act of $1 000 or less is the whole of the levy.
(2) The amount of the remission under regulation 13(2) in respect of all other land situated in Regional area 3 is—
(a) either—
(i) one‑half of the component of the levy that is based on the value of the land; or
(ii) the whole of that component but only if—
(A) all of the land in relation to which the person concerned is primarily liable for the levy under section 15 of the Act for the relevant financial year is situated in Regional area 3; and
(B) the total amount of the levy that would, but for this subsubparagraph, be payable in relation to all of that land after taking into account the applicable remissions under these regulations is $20 or less; and
(b) the whole of the component of the levy that is a fixed charge.
(1) If a person is entitled to a remission under regulation 13(2) where regulation 14(2)(a)(i) is applicable and under a designated regulation in respect of the same land, the amount of the remission under regulation 13(2) is one-half of the component of the levy based on the value of the land after that component has been reduced by the remission under the designated regulation.
(2) If a person is entitled to a remission under regulation 13(2) where regulation 14(2)(a)(i) is applicable and under a designated regulation in respect of the same land, the remission under regulation 13(2) must be determined and deducted before the remission under the designated regulation is deducted.
(3) In subregulation (1)—
designated regulation means—
(a) regulation 9 but only where regulation 10(3) applies; or
(b) regulation 10A, but only where regulation 10B(1)(b) or (2) applies; or
(c) regulations 3A, 3C, 5A, 6(1), 8C or 10C.
(4) In subregulation (2)—
designated regulation means—
(a) regulation 6(2) or 8A; or
(b) regulation 10A but only where regulation 10B(1)(a) applies.
A person who is liable for a levy, or part of a levy, under section 15 of the Act as a subsequent owner of the land is entitled to the same remission (if any) as the person or persons primarily liable for the levy.
(1) If a person holds land from the Crown that is not residential land and is the owner of that land for the purposes of the Act by virtue of paragraph (e) of the definition of
owner in section 3(1) of the Act, the levy for the relevant financial year in respect of that land is remitted for the benefit of that person to the extent set out in regulation 18.(2) However, subregulation (1) does not apply in relation to an owner who holds the land—
(a) under a lease, licence or agreement under the
Crown Land Management Act 2009 , theNational Parks and Wildlife Act 1972 or thePastoral Land Management and Conservation Act 1989 ; or(b) under an agreement to purchase under the
Crown Lands Act 1929 (repealed); or(c) for the purpose of providing 1 or more of the following utilities:
(i) electricity;
(ii) water;
(iii) gas;
(iv) telecommunications;
(v) railways.
The amount of the remission under regulation 17 is—
(a) the whole of the component of the levy that is a fixed charge; and
(b) if the component of the levy that is based on the value of the land (taking into account the applicable remissions under these regulations) would, but for this paragraph, be an amount of $20 or less—the whole of that component.
If a person owns an undivided share in land that is used as a private road, the levy for the relevant financial year in respect of that land is remitted for the benefit of the person to the extent set out in regulation 20.
The amount of the remission under regulation 19 is the whole of the levy payable in respect of the land that is used as a private road.
Schedule 1—Land use for which levy remitted under regulation 9
1700 | Institutional residential |
1740 | Orphan's accommodation |
1750 | Religious quarters—monasteries |
1770 | Supported Residential Care |
1780 | Institutional residential accommodation NEC |
5300 | Social welfare |
5310 | Social services and welfare provision |
5320 | YMCA and YWCA facilities |
5330 | Charitable organisations |
5340 | Aboriginal Community |
5390 | Social welfare NEC |
5600 | Places of assembly |
5610 | Churches, seminaries |
5620 | Public halls |
5661 | Girl guides |
5662 | Boy scouts |
5670 | Youth centres |
5800 | Medical and health |
5810 | Hospital |
5811 | Private hospital |
5812 | Community hospital |
5820 | Mental hospital |
5830 | Sanatoria, nursing homes, convalescent and rest homes and health centres |
5860 | MBHA clinics |
6970 | Cemeteries |
6980 | Public conveniences |
6990 | Public utilities NEC |
Schedule 2—Land use for which levy remitted under regulation 10A(1) and (2)
1 | 1760 | Retired and aged accommodation |
2 | 1765 | Independent living unit |
3 | 1766 | Independent living unit B |
Elizabeth Village, Penfield
Hillier Residential Park, Hillier
Lakeside Goolwa, Goolwa North
The Palms Residential Park, Waterloo Corner
Rosetta Village, Victor Harbor
Sea Change Village, Goolwa
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or revoked by principal regulations
The
Emergency Services Funding (Remissions—Land) Regulations 2014 revoked the following:
Emergency Services Funding (Remissions—Land) Regulations 2000
Principal regulations and variations New entries appear in bold.
Year
No
Reference
Commencement
2014
192
Gazette 26.6.2014 p3059 1.7.2014: r 2
2015
172
Gazette 18.6.2015 p2872 1.7.2015: r 2
2016
167
Gazette 23.6.2016 p2476 1.7.2016: r 2
2017
195
Gazette 27.6.2017 p2642 1.7.2017: r 2
2018
173
Gazette 28.6.2018 p2631 1.7.2018: r 2
2019
162
Gazette 20.6.2019 p2215 1.7.2019: r 2
2020
219
Gazette 25.6.2020 p3509 1.7.2020: r 2
2021
86
Gazette 24.6.2021 p2282 1.7.2021: r 2
2022
50
Gazette 30.6.2022 p1991 1.7.2022: r 2
2023
61
Gazette 29.6.2023 p2069 1.7.2023: r 2
2024
63
Gazette 27.6.2024 p1962
1.7.2024: r 2
Provisions varied New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Pt 1
r 2
omitted under Legislation Revision and Publication Act 2002
1.7.2015 r 3
commercial land
inserted by 167/2016 r 4(1)
1.7.2016
eligible residential park
inserted by 167/2016 r 4(2)
1.7.2016
industrial land
inserted by 167/2016 r 4(3)
1.7.2016
Regional area 1
inserted by 167/2016 r 4(4)
1.7.2016
Regional area 4
inserted by 167/2016 r 4(5)
1.7.2016
relevant financial year
varied by 172/2015 r 4
1.7.2015
varied by 167/2016 r 4(6)
1.7.2016
varied by 195/2017 r 4
1.7.2017
varied by 173/2018 r 4
1.7.2018
varied by 162/2019 r 4
1.7.2019
varied by 219/2020 r 4
1.7.2020
varied by 86/2021 r 4
1.7.2021
amended by 50/2022 r 3
1.7.2022
amended by 61/2023 r 3
1.7.2023
amended by 63/2024 r 3
1.7.2024 rural land
inserted by 167/2016 r 4(7)
1.7.2016
Pt 1A before deletion by 50/2022
inserted by 173/2018 r 5
1.7.2018
r 3B
varied by 162/2019 r 5
1.7.2019
varied by 219/2020 r 5
1.7.2020
varied by 86/2021 r 5
1.7.2021
Pt 1A
deleted by 50/2022 r 4
1.7.2022
Pt 1B before deletion by 50/2022
inserted by 173/2018 r 5
1.7.2018
r 3D
varied by 162/2019 r 6
1.7.2019
varied by 219/2020 r 6
1.7.2020
varied by 86/2021 r 6
1.7.2021
Pt 1B
deleted by 50/2022 r 4
1.7.2022 Pt 2
r 4
deleted by 219/2020 r 7
1.7.2020 r 5A
inserted by 173/2018 r 6
1.7.2018
r 6
r 6(5)
varied by 167/2016 r 5
1.7.2016
(m) deleted by 195/2017 r 5
1.7.2017
varied by 219/2020 r 8
1.7.2020
(h)(iv) deleted by 63/2024 r 4(1)
1.7.2024
(h)(v) deleted by 63/2024 r 4(1)
1.7.2024
(h)(vii) deleted by 63/2024 r 4(2)
1.7.2024
amended by 63/2024 r 4(3), (4)
1.7.2024 r 7
r 7(1)
varied by 219/2020 r 9(1)
1.7.2020
r 7(1a)
inserted by 173/2018 r 7
1.7.2018
varied by 162/2019 r 7
1.7.2019
varied by 219/2020 r 9(2)
1.7.2020
varied by 86/2021 r 7(1)
1.7.2021
amended by 50/2022 r 5(1)
1.7.2022
amended by 61/2023 r 4(1)
1.7.2023
amended by 63/2024 r 5(1)
1.7.2024 r 7(2)
varied by 86/2021 r 7(2)
1.7.2021
amended by 50/2022 r 5(2)
1.7.2022
amended by 61/2023 r 4(2)
1.7.2023
amended by 63/2024 r 5(2)
1.7.2024 Pt 2A
inserted by 167/2016 r 6
1.7.2016
r 8B
RF
varied by 86/2021 r 8
1.7.2021
amended by 50/2022 r 6
1.7.2022
amended by 61/2023 r 5
1.7.2023
amended by 63/2024 r 6
1.7.2024 Pt 2B
inserted by 173/2018 r 8
1.7.2018
r 8D
r 8D(1)
varied by 162/2019 r 8(1)
1.7.2019
varied by 219/2020 r 10(1)
1.7.2020
varied by 86/2021 r 9(1)
1.7.2021
amended by 50/2022 r 7(1)
1.7.2022
amended by 61/2023 r 6(1)
1.7.2023
amended by 63/2024 r 7(1)
1.7.2024 r 8D(2)
varied by 162/2019 r 8(2)
1.7.2019
varied by 219/2020 r 10(2)
1.7.2020
varied by 86/2021 r 9(2)
1.7.2021
amended by 50/2022 r 7(2)
1.7.2022
amended by 61/2023 r 6(2)
1.7.2023
amended by 63/2024 r 7(2)
1.7.2024 Pt 3
r 9
r 9(1a)
inserted by 173/2018 r 9
1.7.2018
r 10
r 10(2)
varied by 86/2021 r 10(1)
1.7.2021
r 10(3)
substituted by 173/2018 r 10
1.7.2018
varied by 162/2019 r 9
1.7.2019
varied by 219/2020 r 11
1.7.2020
varied by 86/2021 r 10(2)
1.7.2021
amended by 50/2022 r 8
1.7.2022
amended by 61/2023 r 7
1.7.2023
amended by 63/2024 r 8
1.7.2024 r 10A
inserted by 167/2016 r 7
1.7.2016
r 10A(3)
varied by 173/2018 r 11
1.7.2018
r10B
inserted by 167/2016 r 7
1.7.2016
r 10B(1)
substituted by 173/2018 r 12(1)
1.7.2018
varied by 86/2021 r 11(1)
1.7.2021
amended by 50/2022 r 9(1)
1.7.2022
amended by 61/2023 r 8(1)
1.7.2023
amended by 63/2024 r 9(1)
1.7.2024 r 10B(2)
varied by 86/2021 r 11(2)
1.7.2021
amended by 50/2022 r 9(2)
1.7.2022
amended by 61/2023 r 8(2)
1.7.2023
amended by 63/2024 r 9(2)
1.7.2024
r 10B(3)
deleted by 173/2018 r 12(2)
1.7.2018 Pt 3A
inserted by 173/2018 r 13
1.7.2018
r 10D
varied by 162/2019 r 10
1.7.2019
varied by 219/2020 r 12
1.7.2020
varied by 86/2021 r 12
1.7.2021
amended by 50/2022 r 10
1.7.2022
amended by 61/2023 r 9
1.7.2023
amended by 63/2024 r 10
1.7.2024 Pt 5
r 15
r 15(1)
varied by 173/2018 r 14(1), (2)
1.7.2018
r 15(2)
varied by 173/2018 r 14(3), (4)
1.7.2018
r 15(3) and (4)
inserted by 173/2018 r 14(5)
1.7.2018
Sch 1
heading varied by 167/2016 r 8
1.7.2016
varied by 173/2018 r 15
1.7.2018
varied by 86/2021 r 13(1), (2)
1.7.2021
Sch 2
omitted under
Legislation Revision and Publication Act 2002 1.7.2015
inserted by 167/2016 r 9
1.7.2016
Sch 3
inserted by 167/2016 r 9
1.7.2016
Historical versions
1.7.2015
1.7.2016
1.7.2017
1.7.2018
1.7.2019
1.7.2020
1.7.2021
1.7.2022
1.7.2023
0
0
0