Natural Resources Management (Financial Provisions) (OC‑NRM Levy) Variation Regulations 2010 (SA)

South Australia

Natural Resources Management (Financial Provisions) (OC‑NRM Levy) Variation Regulations 2010

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

1. Variation of regulation 3—Interpretation

2. Substitution of regulation 4D

   4DExclusions from operation of section 97 of Act

   4ERemissions—contiguous land

   4FRemissions—single farm enterprises

   4GMinister may recover costs

Part 1—Preliminary

1—Short title

These regulations may be cited as the Natural Resources Management (Financial Provisions) (OC‑NRM Levy) Variation Regulations 2010.

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—after the definition of Act insert:

   allotment means—

   (a)the whole of the land comprised in a certificate of title; or

   (b)the whole of land subject to a separate lease or licence (other than a lease or licence of a class declared by the Minister to be excluded from the ambit of this paragraph);

2. Regulation 3—after the definition of prime bank rate insert:

   rateable land means land that is rateable land for the purposes of section 97(4) of the Act.

   Note—

   see section 97(4) and (5) of the Act and regulation 4D.

3. Regulation 3—after its present contents (now to be designated as subregulation (1)) insert:

   (2)For the purposes of these regulations, land will be regarded as being contiguous to other land if the land—

   (a)abuts on the other land at any point; or

   (b)is separated from the other land only by—

   (i)a road, street, lane, footway, court, alley, railway or thoroughfare; or

   (ii)a watercourse or channel; or

   (iii)a reserve or other similar open space.

5—Substitution of regulation 4D

Delete regulation 4D and substitute:

4D—Exclusions from operation of section 97 of Act

Land outside council areas of the following classes is excluded from the operation of section 97 of the Act:

(a)unalienated Crown land;

(b)land used or held by the Crown or an instrumentality of the Crown for a public purpose (including an educational purpose), except any such land that is held or occupied by the Crown or instrumentality under a lease or licence;

(c)land that is exempt from rates or taxes under the Recreation Grounds Rates and Taxes Exemption Act 1981;

(d)land occupied or held by an emergency services organisation under the Fire and Emergency Services Act 2005;

(e)land that is exempt from the operation of section 97 under another Act;

(f)land that constitutes less than the whole of a single allotment.

4E—Remissions—contiguous land

If OC‑NRM levies based on a factor referred to in section 97(6)(b) or (c) of the Act are declared in respect of 2 or more pieces of contiguous rateable land owned by the same owner, the Minister must remit the levies in respect of all but 1 piece of rateable land.

4F—Remissions—single farm enterprises

(1)If OC‑NRM levies based on the factor referred to in section 97(6)(b) of the Act are declared in respect of a single farm enterprise, the Minister must remit the levies in respect of all but 1 piece of rateable land forming part of the single farm enterprise.

(2)Subregulation (1) only applies if the Minister is satisfied, on application to the Minister and by provision of such information or evidence as the Minister may reasonably require, that the relevant land is a single farm enterprise.

(3)If the grounds on which the relevant land is taken to be a single farm enterprise cease to exist, the person liable to pay an OC‑NRM levy in respect of the land must inform the Minister of that fact as soon as is reasonably practicable.

Maximum penalty: $5 000.

(4)For the purposes of this regulation, a reference to a single farm enterprise is a reference to 2 or more pieces of rateable land—

(a)which—

(i)are farm land; and

(ii)are farmed as a single enterprise; and

(iii)are occupied by the same person or persons,

whether or not the pieces of land are contiguous; or

(b)which—

(i)as to all the pieces except 1, are farm land farmed as a single enterprise occupied by the same person or persons; and

(ii)as to 1 piece contiguous with at least 1 of the other pieces, is the principal place of residence of that person or 1 of those persons.

(5)In this regulation—

farm land has the same meaning as in the Local Government Act 1999.

4G—Minister may recover costs

Without limiting any other provision of the Act or these regulations, a regional NRM board is liable to pay to the Minister an amount determined by the Minister to be the reasonable costs incurred by the Minister with respect to the collection of an OC‑NRM levy.

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's Deputy

with the advice and consent of the Executive Council

on 28 January 2010

No 7 of 2010

WBCS09/0032