Local Government and Valuation of Land Amendment (Water Rights) Act 2005 (NSW)

An Act to amend the Local Government Act 1993 and the Valuation of Land Act 1916 with respect to the levying of rates and charges and the valuation of land as a consequence of the Water Management Act 2000 having severed certain water rights from the land to which those rights were formerly bound; and for other purposes.

1Name of Act

This Act is the Local Government and Valuation of Land Amendment (Water Rights) Act 2005.

2Commencement

This Act commences, or is taken to have commenced, on 1 July 2005.

3Amendment of Local Government Act 1993 No 30

The Local Government Act 1993 is amended as set out in Schedule 1.

4Amendment of Valuation of Land Act 1916 No 2

The Valuation of Land Act 1916 is amended as set out in Schedule 2.

5Amendment of Water Management Act 2000 No 92

The Water Management Act 2000 is amended by omitting Schedule 8.29 [1], [2] and [8].

Schedule 1Amendment of Local Government Act 1993

(Section 3)

[1]Section 512 Effect of contravening section 509, 510, 511 or 511A

Omit “approval, and” from section 512 (1) (b) (ii). Insert instead “approval.”.

[2]Section 512 (1) (b) (iii)

Omit the subparagraph.

[3]Chapter 15, Table headed “Rates and charges”

Insert after “• Intensity of land use” the following matter:

•

Irrigability of the land

[4]Section 529 Rate may be the same or different within a category

Insert “, the irrigability of the land” after “land use” in section 529 (2) (a).

[5]Section 529 (4)

Insert after section 529 (3):

(4)

Land may be taken to be irrigable for the purposes of subsection (2) (a) if, and only if, it is the subject of a water right within the meaning of the Valuation of Land Act 1916.

[6]Section 530 Ad valorem rate for the category “farmland”

Omit the section.

[7]Schedule 8 Savings, transitional and other provisions consequent on the enactment of other Acts

Insert at the end of clause 1 (1):

Local Government and Valuation of Land Amendment (Water Rights) Act 2005

[8]Schedule 8

Insert at the end of the Schedule, with appropriate Part and clause numbers:

PartProvisions consequent on enactment of Local Government and Valuation of Land Amendment (Water Rights) Act 2005

In this Part, 2005 amending Act means the Local Government and Valuation of Land Amendment (Water Rights) Act 2005.

(1)

This clause applies to ordinary rates levied for the year commencing 1 July 2005 or any of the next 4 years following the commencement of the 2005 amending Act.

(2)

Subject to the provisions of any proclamation in force under section 213 or 218C, the amount that may be levied as an ordinary rate for any parcel of land in the category “farmland”, or any sub-category of that category, must not be more than 20 per cent above the amount levied as an ordinary rate for that parcel for the previous year.

Schedule 2Amendment of Valuation of Land Act 1916

(Section 4)

[1]Section 4 Definitions

Omit the definition of Water right from section 4 (1). Insert instead:

water right means a right or authority (however described) under the Water Management Act 2000, the Water Act 1912 or any other Act, being a right or authority to construct, install or use works of irrigation, or to use water supplied by works of irrigation.

[2]Section 6A Land value

Insert after section 6A (3):

(4)

For the purpose of determining the value of a water right, the value of any water secured by, or referable to, that right is to be ignored.

[3]Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Local Government and Valuation of Land Amendment (Water Rights) Act 2005

[4]Schedule 2, Part 4

Omit the Part. Insert instead:

Part 4Provisions consequent on enactment of Local Government and Valuation of Land Amendment (Water Rights) Act 200514Existing land values unaffected

The amendments made to this Act by the Local Government and Valuation of Land Amendment (Water Rights) Act 2005 do not affect any valuations of land made before the commencement of those amendments.