Meat Industry (Meat Industry Levy) Regulation 2016 (NSW)
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This version has been updated.
This Regulation is the Meat Industry (Meat Industry Levy) Regulation 2016.
This Regulation commences on 1 September 2016 and is required to be published on the NSW legislation website.
This Regulation replaces the Meat Industry (Meat Industry Levy) Regulation 2006, which is repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.
In this Regulation—
(a) issuing notices specifying the amount of levies, and
(b) undertaking responsibility for collecting and recovering levies that occupiers or owners of rateable land within the meaning of the Local Land Services Act 2013 owe to the Food Authority.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(Repealed)
Notes included in this Regulation do not form part of this Regulation.
The object of this clause is to fix the rates and amounts on the basis of which a levy is to be calculated for land the subject of a levy.
For the purposes of section 59A (2) (a) of the Act, the prescribed rate for each stock unit of the notional carrying capacity of the land, as assessed by or under the Local Land Services Act 2013, is 0.6 cents.
For the purposes of section 59A (2) (b) of the Act, the prescribed amount (that is, the maximum levy that is payable in relation to the land) is $130.
For the purposes of section 59A (3) of the Act, the prescribed date in each year by which written notice of the amount of a levy must be given to the occupier of the land to which the notice relates is 31 October.
(Repealed)
A person is exempt from section 59E (1) of the Act (which relates to notice of a person ceasing to be or becoming the occupier or owner of land)—
(a) if the person has lodged similar notice with Local Land Services in accordance with clause 24 of the Local Land Services Regulation 2014, or
(b) if the person has, within 1 month of ceasing to be or becoming the occupier or owner of land in respect of which a levy is payable, lodged similar notice with the Registrar-General in accordance with section 39 of the Real Property Act 1900 or section 184E of the Conveyancing Act 1919.
(Repealed)
While a levy collection agency agreement is in force, a person is exempt from section 59F (4) of the Act in relation to the form of an application for a certificate of levies due and payable if the person’s application forms part of an application for a Local Land Services certificate.
For the purposes of section 59F (4) of the Act, the prescribed fee to accompany an application for a certificate of levies due and payable is—
(a) $15, unless the application is made as referred to in paragraph (b), or
(b) $5, if the application forms part of an application for a Local Land Services certificate.
The fee referred to in subclause (3) (b) is in addition to any fee payable under the Local Land Services Act 2013 in relation to an application for a Local Land Services certificate.
(Repealed)
While a levy collection agency agreement is in force, the Food Authority is exempt from section 59F (5) of the Act in relation to the form of a certificate of levies due and payable if the certificate forms part of a Local Land Services certificate.
The validity of a certificate referred to in subclause (2) is not affected by the termination or expiry of the levy collection agency agreement.
For the purposes of section 59G (2) of the Act—
(a) the prescribed court before which an objection to the validity of a levy may be made is the District Court, and
(b) the prescribed manner in which such an objection is to be made is by making an application to the District Court, in accordance with rules of court, for the determination of the objection.
The object of this clause is to fix the rate of interest payable on overdue levies.
For the purposes of section 59H (2) of the Act, the prescribed rate per cent per year is—
(a) if the amount payable on unpaid rates under section 184 (Accrual of interest on overdue rates, charges and other amounts) of the Local Land Services Act 2013 is expressible as a rate per cent per year, the rate per cent per year so payable, or
(b) in any other case, the rate per cent per year for the time being prescribed under section 101 of the Civil Procedure Act 2005 for payment of interest on a judgment debt.
For the purposes of section 59L (1) of the Act, a levy book that is kept in any one of the following forms is a prescribed levy book—
(a) a book containing fixed or loose leaves,
(b) a series of cards,
(c) a series of computerised records.
The following particulars are to be kept in the levy book—
(a) particulars of each parcel of land the subject of a levy and of the occupier or owner of the land,
(b) particulars of the amounts of levies imposed in respect of each such parcel and of the dates on which the relevant notices of the amounts of levies were served,
(c) particulars of the amounts of levies paid (including dates of payment), and of the amounts of levies remaining outstanding, in respect of each such parcel.
While a levy collection agency agreement is in force, a levy book may be kept by Local Land Services as part of a rate record kept under the Local Land Services Act 2013.
An agent of the Food Authority that keeps a levy book as part of a rate record under subclause (3) is exempt from section 59L (1) of the Act (which relates to the levy book in which levies must be entered and the manner and form in which the levy book must be kept).
Any act, matter or thing that, immediately before the repeal of the Meat Industry (Meat Industry Levy) Regulation 2006, had effect under that Regulation is taken to have effect under this Regulation.
(Repealed)
Meat Industry (Meat Industry Levy) Regulation 2016 (497). LW 12.8.2016. Date of commencement, 1.9.2016, cl 2. This Regulation has been amended as follows—
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 1.6, assent, sec 2(e). |
Cl 3 | Am 2025 No 48, Sch 1.6[1] [2]. |
Cl 6 | Am 2025 No 48, Sch 1.6[3]. |
Cl 7 | Am 2025 No 48, Sch 1.6[4]. |
Cl 8 | Am 2025 No 48, Sch 1.6[5]. |
Sch 1 | Rep 2025 No 48, Sch 1.6[6]. |
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