Hunter District Water, Sewerage and Drainage (Amendment) Act 1977 (NSW)

H U N T E R DISTRICT W A T E R , S E W E R A G E

A N D D R A I N A G E ( A M E N D M E N T ) A C T , 1977

ANNO VICESIMO SEXTO

ELIZABETHE II REGINE

Act N o . 2 9 , 1977 .

An Act to amend the Hunter District Water, Sewerage and Drainage Act, 1938, to limit increases in the rates payable in respect of certain residential land. [Assented to, 13th April, 1977.] 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, 1977".

2. The Hunter District Water, Sewerage and Drainage Act, 1938, is amended by inserting after section 100AA the following section :—

1 0 0 A B . (1) This section applies to a rate on residential land which is levied on the unimproved value of that land for the period of 12 months commencing on 1st July, 1977, or for any subsequent period of 12 months.

(2) Subject to section 100 ( 7 ) , the board may, by the resolution by which it levies a water, sewerage or stormwater drainage rate to which this section applies or by a subsequent resolution, determine that the amount of any such rate shall not, in respect of any land, exceed the sum of—

(a)	the amount, calculated in accordance with subsection ( 3 ) , of that rate, in respect of period of 12 months; and that land, for the immediately preceding
(b)	a specified percentage of that amount.

(3) For the purposes of subsection (2) ( a ) , the amount of a water, sewerage or stormwater drainage rate payable in respect of any land for the immediately preceding period of 12 months is—

(a) except as provided in paragraphs (b) and (c), the amount of the rate levied for the whole of that period;

(b)

(b)	where that water, sewerage or stormwater drainage rate was not levied for the whole of that period, the rate that would have been levied for the whole of that period if the land was, in respect of the water, sewerage or stormwater drainage service, as the case may be, ratable for the whole of that period; or
(c)	where a valuation is made under section 101 (4) in respect of the land during that period, the rate that would have been levied for the whole of that period if that valuation was in force, and the circumstances that caused that valuation to be made had existed, for the whole of that period.
(4 ) Notwithstanding subsection ( 1 ) , the

board may, by a resolution referred to in subsection ( 2 ) , determine that this section shall, in respect of a period of 12 months, apply only to a specified class or description of residential land.