Hunter District Water, Sewerage and Drainage (Amendment) Act 1980 (NSW)

HUNTER DISTRICT WATER, SEWERAGE AND DRAINAGE (AMENDMENT) ACT, 1980, No. 167

ANNO VICESIMO NONO

ELIZABETHE II REGINE

Act No. 167, 1980.

An Act to amend the Hunter District Water, Sewerage and Drainage Act, 1938, to remove certain limits imposed on the Hunter District Water Board in relation to the levying of rates, and to require that Board to use "land values" determined under the Valuation of Land Act, 1916, in place of "unimproved values" determined under that Act in relation to the valuation of land for the purpose of levying rates; and for certain other purposes. [Assented to, 15th December.

1980.]|

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, 1980".

2.       (1) Except as provided in subsections (2) and ( 3 ) , this

Act shall commence on the date of assent to this Act.

(2) Schedule 1, and section 5 in its application to Schedule

1, shall commence on 1st May, 1981.

(3) Schedule 2, and section 5 in its application to Schedule 2, shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. The Hunter District Water, Sewerage and Drainage Act,

1938, is referred to in this Act as the Principal Act.

1. This Act contains the following Schedules :—

SCHEDULE 1 . — A M E N D M E N T S TO THE PRINCIPAL A C T

RELATING TO THE REMOVAL OF CERTAIN LIMITS ON

RATES.

SCHEDULE 2 . — A M E N D M E N T S TO THE PRINCIPAL A C T

RELATING TO THE ADOPTION OF LAND VALUES.

1. The Principal Act is amended in the manner set forth in

Schedules 1 and 2.

6. Nothing in this Act affects any savings effected by the

Interpretation Act, 1897.

SCHEDULE 1.

A M E N D M E N T S TO THE PRINCIPAL A C T RELATING TO THE

REMOVAL OF CERTAIN LIMITS ON RATES.

(1) Section 99 ( 1 ) , ( 2 ) , (2A) , (4) —

Omit the subsections.

(2) (a) Section 100 (2) —

Omit "For the purpose of securing compliance with the provisions of this Act as to the limitation of rates the", insert instead "The".

(b) Section 100 (3) —

Omit the subsection.

(c) Section 100 ( 7 A ) —

After section 100 ( 7 ) , insert :—

(7A) In levying any water rates, sewerage rates or drainage rates in any district, it shall be lawful for the board to levy a special rate, in addition to the ordinary rate, if the provision of the water, sewerage or drainage service, as the case may be, in that district at the ordinary rate, either on account of the remoteness of the district or the high cost involved

in the provision of the service, would occasion a loss

to the board.

SCHEDULE 2 .

A M E N D M E N T S TO THE PRINCIPAL A C T RELATING TO THE

ADOPTION OF LAND VALUES.

( 1 ) Sections 1 0 0 ( 1 ) , ( 4 ) , ( 6 ) , 100AA, 100AB ( 1 ) , 1 0 1 ( 3 B ) ,

( 3 c ) , 1 0 4 B ( 1 ) , ( 2 ) , ( 4 ) , ( 6 ) , ( 7 ) —

Omit "unimproved" wherever occurring, insert instead

"land".

( 2 ) (a) Section 1 0 0 ( 8 ) —

Omit "or any Act amending that Act,".

(b) Section 1 0 0 ( 8 ) —

Omit "valuation to", insert instead "valuations to".

(c) Section 1 0 0 ( 1 0 ) —

Omit "section 100", insert instead "subsection".

(3) Section 100AA—

Omit ", 1 9 7 6 " , insert instead "next after the day appointed

District Water, Sewerage and Drainage (Amendment)	and notified pursuant to section 2 (3) of the Hunter
Act, 1 9 8 0 " .

( 4 ) Section 100AB ( 1 ) —

Omit ", 1 9 7 7 " , insert instead "next after the day appointed and notified pursuant to section 2 (3) of the Hunter District Water, Sewerage and Drainage (Amendment)

Act, 1 9 8 0 " .

SCHEDULE 2—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T RELATING TO THE

ADOPTION OF LAND VALUES—continued.

(5) (a) Section 101 ( 1 ) —

Omit the subsection, insert instead :—

(1) For the purposes and subject to the provisions of this Act—

(a) the land value of ratable land shall be—

(i)   except as provided in subparagraph ( i i )—the land value of the land; and

(ii)   in the case of a stratum—the

unimproved value of the stratum,

as determined in accordance with the

Valuation of Land Act, 1916; and

(b) the assessed annual value of ratable land

shall be the assessed annual value of the land as determined in accordance with the Valuation of Land Act, 1916.

(b) Section 101 ( 3 ) , ( 3 A ) —

Omit "said Act" wherever occurring, insert instead

"Valuation of Land Act. 1916,".

(6) Section 104B ( 1 0 ) —

Omit ", 1975", insert instead "next after the day appointed and notified pursuant to section 2 (3) of the Hunter District Water. Sewerage and Drainage (Amendment) Act, 1980".

SCHEDULE 2—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T RELATING TO THE

ADOPTION OF LAND VALUES—continued.

(7) (a) Section 104c ( 3 ) —

Omit ". 1975", insert instead "next after the day appointed and notified pursuant to section 2 (3) of the Hunter District Water, Sewerage and Drainage (Amendment) Act, 1980".

(b) Section 104c ( 3 ) , ( 5 ) —

Omit "an unimproved" wherever occurring, insert instead "a land value".

(c) Section 104c (4) (a) —

Omit "unimproved" where firstly occurring, insert instead "land value".

(d) Section 104c (4) ( a ) —

Omit "unimproved" where secondly occurring, insert instead "land".

(e) Section 104c (4) ( b ) —

Omit "unimproved", insert instead "land value".

(f) Section 104c ( 5 ) —

Omit "unimproved" where secondly occurring, insert

instead "land".