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

South Australia

Natural Resources Management (Financial Provisions) 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 4B—Imposition of levy by councils—section 95

5            Insertion of regulation 4CA

4CA        Outside council areas—section 97

Part 1—Preliminary

1—Short title

These regulations may be cited as the Natural Resources Management (Financial Provisions) 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 4B—Imposition of levy by councils—section 95

1. Regulation 4B—before its present contents (now to be designated as subregulation (2)) insert:

   (1)Pursuant to section 95(3)(d) of the Act, the following purposes for which rateable land is used are prescribed:

   (a)Residential comprising the use of land for a detached dwelling, group dwelling, multiple dwelling, residential flat building, row dwelling or semi‑detached dwelling within the meaning of the Development Regulations;

   (b)Commercial—Shop comprising the use of land for a shop within the meaning of the Development Regulations;

   (c)Commercial—Office comprising the use of land for an office within the meaning of the Development Regulations;

   (d)Commercial—Other comprising any other commercial use of land not referred to in the categories specified in paragraph (b) or (c);

   (e)Industry—Light comprising the use of land for a light industry within the meaning of the Development Regulations;

   (f)Industry—Other comprising any other industrial use of land not referred to in the category specified in paragraph (e);

   (g)Primary Production comprising—

   (i)farming within the meaning of the Development Regulations; or

   (ii)horticulture within the meaning of the Development Regulations; or

   (iii)the use of land for horse keeping or intensive animal keeping within the meaning of the Development Regulations; or

   (iv)in respect of a dairy situated on a farm—the use of land for a dairy within the meaning of the Development Regulations; or

   (v)commercial forestry;

   (h)Vacant land comprising the non‑use of vacant land;

   (i)Other comprising any other use of land not referred to in a previous category.

2. After subregulation (2)—insert:

   (3)In this regulation—

   Development Regulations means the Development Regulations 2008.

5—Insertion of regulation 4CA

After regulation 4C—insert:

4CA—Outside council areas—section 97

For the purposes of section 97(8) of the Act, differential levies may be declared, in relation to an area of rateable land referred to in section 97(6)(d) of the Act, by multiplying the factor specified in column 2 of the following table for the area of rateable land specified in column 1 with such minimum amount payable by way of a levy as may be fixed by the Minister under section 97(9) of the Act.

Area of rateable land	Factor (with which the minimum amount is to be multiplied)
Less than 10 hectares	1
10 or more hectares but less than 100 hectares	3.5
100 or more hectares but less than 100 000 hectares	7
100 000 or more hectares	12

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 95(9) of the Act and with the advice and consent of the Executive Council

on 12 May 2016

No 29 of 2016

16MSECCS013