Sea
Installations Levy Act 1987
No.
103 of 1987
An
Act to impose a levy in respect of certain sea installations
[Assented to 6 November 1987]
BE IT ENACTED by the Queen, and the
Senate and the House of Representatives of the Commonwealth of Australia, as
follows:
Short
title
1. This Act may be cited
as the Sea Installations Levy Act 1987.
Commencement
2. This Act shall come
into operation on the day on which the Sea
Installations Act 1987 receives the Royal Assent.
Incorporation
of Sea Installations Act
3. The Sea Installations Act 1987 is
incorporated, and shall be read as one, with this Act.
Interpretation
4. In this Act, “installation
levy” means levy imposed by this Act.
Act
to bind Crown
5. This Act binds the
Crown in right of each of the States, of the Northern Territory and of Norfolk
Island.
Imposition
of levy
6. Subject to section 7,
where a sea installation:
(a)
is being kept installed in an adjacent area in accordance with a permit on a
day that is the anniversary of the grant of the permit; and
(b)
is being, or has been, used for an environment related activity; levy is
imposed in respect of the installation on that day.
Exemption
from levy
7. Installation levy is
not payable in respect of a sea installation:
(a)
in relation to which an exemption certificate is in force; or
(b)
that is included in a class of sea installations declared by the regulations to
be exempt from levy.
Rate
of levy
8. (1) The rate of installation levy imposed in respect of a sea
installation on a day is such rate calculated in accordance with the
regulations as is declared by the regulations to apply to the class of sea
installations that includes that sea installation.
(2) Without limiting the
generality of subsection (1), a class of sea installations to which a rate of
levy calculated in accordance with the regulations applies may be:
(a)
sea installations used wholly or principally for particular activities;
(b)
sea installations, or specified sea installations, in a particular adjacent
area; or
(c)
sea installations, or specified sea installations, in a particular part of a
particular adjacent area.
(3) The rate of
installation levy imposed in respect of the sea installation on a particular
day shall not exceed:
(a)
if the installation has not been operated in accordance with a permit as, or as
part of, a commercial enterprise at any time during the year preceding that
day—20% of the market value of the installation on that day as determined under
section 70 of the Sea Installations Act
1987; or
(b)
if the sea installation has been so operated at any time or times during the
year preceding that day—the higher of:
(i)
20% of the market value of the installation on that day as determined under
section 70 of the Sea Installations Act
1987; or
(ii)
20% of the proportion of the gross revenue derived by that commercial
enterprise that is attributable to the operation of the sea installation during
that time or those times.
By
whom levy payable
9. Installation levy in
respect of a sea installation is payable by the holder of the permit to operate
the installation.
Regulations
10. (1) The Governor-General may make regulations, not inconsistent
with this Act, prescribing all matters:
(a)
required or permitted by this Act to be prescribed; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect to
this Act.
(2) The power of the
Governor-General to make regulations referred to in subsection 8 (1) in
relation to sea installations in the adjacent area of a State or affected
Territory shall be exercised only on advice of the Executive Council, being
advice that has had regard to the taxes under the laws of the State or
Territory that would apply in relation to the installations if they were in the
State or Territory.
[Minister’s second reading speech made in—
House
of Representatives on 7 October 1987
Senate
on 26 October 1987