Natural Resources Management (Financial Provisions) (NRM Levy) Variation Regulations 2016 (SA)

South Australia

Natural Resources Management (Financial Provisions) (NRM Levy) Variation Regulations 2016

under the Natural Resources Management Act 2004

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Natural Resources Management (Financial Provisions) Regulations 2005

4            Variation of regulation 3—Interpretation

5            Substitution of heading to Part 2 and insertion of Part 2 Division 1

Part 2—NRM levies

Division 1—Levies in respect of land within council areas

3A          Contributions by constituent councils—rateable land divided by boundaries of 2 or more councils or NRM regions

6            Revocation of regulation 4A

7           Insertion of heading to Part 2 Division 2

Division 2—Levies in respect of land outside of council areas

8            Insertion of Part 2 Division 3 and 4

Division 3—Levies in respect of water

4H          Special purpose water levy

4I           Recovery costs

Division 4—Special provisions

9            Revocation of regulations 7 and 8

10          Insertion of heading to Part 2 Division 5

Division 5—Related matters

11          Insertion of heading to Part 2A

Part 2A—Statutory funds

Part 1—Preliminary

1—Short title

These regulations may be cited as the Natural Resources Management (Financial Provisions) (NRM Levy) Variation Regulations 2016.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Natural Resources Management (Financial Provisions) Regulations 2005

4—Variation of regulation 3—Interpretation

1. Regulation 3(1), after the definition of allotment insert:

   contiguous land—see subregulation (2);

2. Regulation 3(1), definition of rateable land—delete the definition

5—Substitution of heading to Part 2 and insertion of Part 2 Division 1

Heading to Part 2—delete the heading and substitute:

Part 2—NRM levies

Division 1—Levies in respect of land within council areas

3A—Contributions by constituent councils—rateable land divided by boundaries of 2 or more councils or NRM regions

(1)The following scheme applies for the purposes of section 92(7a) of the Act:

(a)if a piece of rateable land within the area of a council is divided by the boundaries of 2 or more NRM regions, the whole of the land will be taken to be assigned to the NRM region in which the larger (or, in the case of more than 2 NRM regions, the largest) portion of the land is located (the assigned NRM region);

(b)if—

(i)a piece of rateable land is divided by the boundaries of 2 or more councils; and

(ii)the regional NRM levy imposed by at least 1 of those councils is based on a fixed charge under section 95(3) of the Act,

the whole of the land will be taken to be assigned to the council area in which the larger (or, in the case of more than 2 council areas, the largest) portion of the land is located (the assigned council area);

(c)if, in the opinion of the Minister, the application of a preceding paragraph (or both) has, in a particular case, resulted in—

(i)uncertainty or disagreement as to which council area is the assigned council area or which NRM region is the assigned NRM region; or

(ii)an excessively disproportionate burden falling on the council for the assigned council area,

the Minister may make a determination as to the assignment on such basis, and following such consultation (if any) with the Valuer‑General or any other person or body, as the Minister thinks fit.

(2)For the purposes of this regulation, a reference to a piece of rateable land includes a reference to 2 or more pieces of contiguous rateable land owned by the same owner and occupied by the same occupier.

6—Revocation of regulation 4A

Regulation 4A—delete the regulation

7—Insertion of heading to Part 2 Division 2

Before regulation 4CA insert:

Division 2—Levies in respect of land outside of council areas

8—Insertion of Part 2 Division 3 and 4

Before regulation 5 insert:

Division 3—Levies in respect of water

4H—Special purpose water levy

The consent referred to in section 103(5) of the Act must be in a form determined by the Minister.

4I—Recovery costs

(1)The Minister may from time to time, by notice in the Gazette, determine a charge that may be imposed on account of any steps that may be taken by the Department in the administration of the Act if a person fails to pay an NRM water levy in accordance with the requirements of the Act.

(2)The charge must not exceed the Minister's determination of the reasonable costs to the Department in taking the relevant steps.

(3)The charge will be recoverable as a debt due to the Crown.

Division 4—Special provisions

9—Revocation of regulations 7 and 8

Regulations 7 and 8—delete the regulations

10—Insertion of heading to Part 2 Division 5

Before regulation 8A insert:

Division 5—Related matters

11—Insertion of heading to Part 2A

Before regulation 10 insert:

Part 2A—Statutory funds

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

following compliance by the Minister with section 92(8) of the Act (in relation to regulation 5) and with the advice and consent of the Executive Council

on 15 December 2016

No 283 of 2016

16MSECCS019