Hunter District Water, Sewerage and Drainage (Amendment) Act 1973 (NSW)

HUNTER DISTRICT WATER, SEWERAGE AND

DRAINAGE (AMENDMENT) ACT.

ANNO VICESIMO SECUNDO

ELIZABETHE II REGINE

Act No. 74 , 1973 .

An Act to increase the allowable rebate of rates to certain classes of pensioners and to enable the Hunter District Water Board to vary those rebates by a by-law; to reduce the rates payable by ratepayers in respect of residential land in the Municipality of Mait land; to postpone the operation of a general valuation by the Valuer- General in respect of certain areas; for these and other purposes to amend the Hunter District Water, Sewerage and Drainage Act, 1938; and for purposes connected therewith. [Assented to, 20th December, 1973.]

P 23793—42

BE

BE	it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as
follows : —

1.     This Act may be cited as the "Hunter District Water,

Sewerage and Drainage (Amendment) Act, 1973".

2.      This Act shall be deemed to have commenced on 1st

July, 1973.

3. The Hunter District Water, Sewerage and Drainage

Act, 1938, is amended—

(a) by inserting next after section 100 (8) the following new subsection :—

(9) Notwithstanding subsection (8), for the purposes of any rate for the year commencing 1st July, 1974, the board shall not take into account any general valuation furnished by the Valuer- General for the financial year ended 30th June, 1974.

(b) (i) by omitting from sections 104A (4) (a) (i),

104A (4) (b) (i), 104A (6) (a) (i) and

104A (6) (b) (i) the words "eighty dollars"
wherever occurring and by inserting instead the matter "$120";
(ii)	by omitting from sections 104A (4) (a) (ii), 104A (4) (b) (ii), 104A (6) (a) (ii) and 104A (6) (b) (ii) the words "forty dollars" wherever occurring and by inserting instead the matter "$60";

(iii)

(iii)   by inserting next after section 104A (15) the following new subsection :—

(16) The amount by which a rate is to be reduced in accordance with subsection (4) or (6) may be varied from time to time by the by-laws and the amount as so varied shall be read as the amount stated in subsection (4) or (6) , as the case may be.

(c) by inserting next after section 104A the following new section :—

104AA. (1) In this section—

"flat" means a room or suite of rooms separately occupied or used or if not occupied or used so constructed, designed or adapted as to be capable of being separately occupied or used, as a residence, but does not include a strata lot;

"residential land" means—

(a)	a parcel of land occupied or used solely as the site of one single dwelling;
(b)	a parcel of land occupied or used solely as the site of one building comprising two or more flats;
(c)	a strata lot occupied or used or if not occupied or used so constructed,

of being occupied or used, as a designed or adapted as to be capable

residence;

"single dwelling" means a house occupied or used, or if not occupied or used so constructed, designed or adapted as to be capable of being occupied or used, as a separate dwell­ ing, but does not include a strata lot or a property commonly known as a shop and dwelling;

"strata

"strata lot" means—

(a)	until the Conveyancing (Strata Titles) Act, 1961, is repealed, a lot as defined in section 2 of that Act; and
(b)	on and after the commencement of the Strata Titles Act, 1973, a lot as defined in subsection (1) of section 5 of that Act.

(2) A parcel of land does not cease to be occupied or used solely as the site of a single dwelling or a building comprising two or more flats by reason of there being on the parcel of land any building or improvement that is ancillary to the single dwelling or building, as the case may be.

(3) Subject to subsection (7) of section 100, where a rate is levied for the year commencing on 1st July, 1973, or for the year commencing on 1st July, 1974, on residential land in the Munici­ pality of Maitland and the board is satisfied that there has been an increase relative to the rate levied on that residential land for the year commencing on 1st July, 1972, and such increase results solely from either—

(a) a general valuation furnished in the year one thousand nine hundred and seventy-two by the Valuer-General under the Valuation

of Land Act, 1916, and adopted by the

board pursuant to subsection (8) of section
100; or

(b) the combined effect of such a general valu­ ation and an increase in the scale of rates fixed under Clause 1 of the Third Schedule,

then in either case the board shall reduce the rate

in accordance with subsection (4) .

(4)

(4) The amount by which such rate is required to be reduced under subsection (3) is one- half of such part of such increase as results solely from such a general valuation.

LAND