Land Drainage Amendment Act 1983 (WA)

WESTERN AUSTRALIA.

LAND DRAINAGE.

No. 41 of 1983.

AN ACT to amend the Land Drainage Act 1925-1981.

[Assented to 1 December 1983.]

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

1. (1) This Act may be cited as the Land	Short title
and citation.

Drainage Amendment Act 1983.

(2)	In this Act the Land Drainage Act 1925-1981	Reprinted as
approved in
Vol. 21 of

is referred to as the principal Act.

Reprinted

Acts 22 May

1967;

(3)	The principal Act as amended by this Act may	amended by
Acts Nos. 73

be cited as the Land Drainage Act 1925-1983.

of 1972,

14 of 1977,

38 and 76

of 1978 and

63 of 1981.

No. 41.] Land Drainage. [1983.

Section 6

amended. 2. Section 6 of the principal Act is amended by inserting, after the definition of "Ratepayer", the following definitions-

" "Rural land" means land

(a)	not within a townsite; or
(b)	within a townsite but used, or primarily used, for agricultural, pastoral, grazing, dairying, bee- keeping, orcharding, viticultural, silvicultural, or other farming purposes, or any combination of those purposes;

"Townsite" has the meaning given to it in section 6 (1) of the Local Government Act 1960;

"Urban land" means land within a townsite

other than rural land; ".

Section 88

amended. 3. Section 88 of the principal Act is amended by inserting after subsection (2) the following sub- section

CC (3) Drainage rates shall not be imposed on

any land in any financial year in excess of the maximum amount determined under section 90A of this Act in respect of that land for that year. ".

Section 89

repealed and	4. (1) Section 89 of the principal Act is repealed
substituted;

and	and the following section is substituted-
transitional
provision.
Differential

rating. 89. (1) Rates need not be uniform but may be imposed differentially in accordance with this section.

1983.] Land Drainage. [No. 41.

(2) The Governor may, in regulations made under section 149, define the grades into which land shall be divided for the purpose of fixing rates and, without limiting that power, such grades may be defined by reference to

(a)	whether land is rural or urban;
(b)	the benefits accruing to the land; or
(c)	the area of the land,

or any combination of those factors.

(3) The board may, by resolution with the

consent of the Minister

(a)	in relation to rateable land in the district, determine the grading appropriate thereto and from time to time amend that grading; and
(b)	in respect of a financial year, fix the rate for each such grade for that year.

(4) The board may, for the purpose of determining the grading of land under sub- section (3) (a) of this section

(a)	aggregate adjoining rural land which the board determines is in the same ownership or is operated as a unit; and
(b)	treat as a separate piece of land each lot of urban land which may be sold or leased as a separate lot in conformity with Part III of the Town Planning and Development Act 1928.

No. 41.] Land Drainage. [1983.

(5) In subsection (2) (b) of this section, the reference to benefits is a reference to

(a)	benefits which will accrue to the land from existing works, or works to be executed, during the period for which the rate is imposed; and
(b)	benefits which may accrue to the land during that period from the control of the level of the water table by such works,

and in determining the grading of any land under subsection (3) (a) the board may determine the extent to which such benefits apply to that land. ".

(2) Regulations made by the Governor for the purposes of section 89 (2) of the principal Act, inserted by subsection (1) of this section, and any power exercised under section 89 (3) by a drainage board, or the Minister acting under section 9 of the principal Act, may be made or exercised to have effect in respect of the financial year which commenced on 1 July 1983 or any subsequent financial year.

Section 90

amended. 5. Section 90 of the principal Act is amended

by

(a) inserting after the section designation "90." the subsection designation "(1)"; and

(b) inserting the following subsection

'C (2) Different minimum rates may be

prescribed under subsection (1) of this section for rural and urban land respectively. ".

1983.] Land Drainage. [No. 41.

Section 90A

(1) After section 90 of the principal Act the following section is inserted

inserted;

and

transitional

provision.

6.

it 90A. (1) For the purposes of section 88 Maximum Increase in rate.

(3) of this Act, the board may, by notice published in the Government Gazette, deter- mine the maximum amount of the rates to be paid in respect of any land for a financial year by reference to such factors as it thinks fit.

(2) The board may, by further notice published in the Government Gazette, at any time vary or revoke a notice published under subsection (1) of this section. ".

(2) A notice under section 90A of the principal Act, inserted by subsection (1) of this section, may be given by a drainage board, or the Minister acting under section 9 of the principal Act, to have effect in respect of the financial year which commenced on 1 July 1983 or any subsequent financial year.

Section 97

7.

Section 97 of the principal Act is amended by

deleting paragraphs (6) and (7) and substituting

the following paragraph

amended.

(6) That the grading of the land, or part thereof, under section 89 (3) (a) of this Act is not appropriate. ".