No. 25 of 1973
AN ORDINANCE
To amend the Sewerage Rates Ordinance 1968-1972.
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under
| the Seat of Government (Administration) | Act 1910-1972. |
Dated this fourth day of July, 1973.
PAUL HASLUCK Governor-General.
By His Excellency's Command,
REX PATTERSON
Minister of State for Northern Development, acting for and on behalf of the Minister of State for the Capital Territory.
SEWERAGE RATES ORDINANCE 1973
| 1. (1 ) This Ordinance may be cited as the Sewerage | Rates |
Ordinance 1973.*
(2) The Sewerage Rates Ordinance 1968-1972f is in this Ordin ance referred to as the Principal Ordinance.
(3 ) The Principal Ordinance, as amended by this Ordinance, may
be cited as the Sewerage Rates Ordinance 1968-1973.
2. Section 4 of the Principal Ordinance is amended by inserting in sub-section ( 1 ) , after the definition of " lease ", the following definition:—
" ' Oaks Esta te ' means the area described in the Schedule; " .
| t | Ordinance No . 30. 1968, as amended by No . 22, 1969; No . 50, 1970; and No . 25, 1972. |
3. Section 5 of the Principal Ordinance is amended by adding at
the end thereof the following sub-section:—
" (6) Nothing in this section applies to, or in relation to, land situated at Oaks Estate.".
4. After section 5 of the Principal Ordinance, the following section is inserted:—
" 5A . (1) In this section, ' parcel of land ' means—
(a) a parcel of freehold land;
(b) a parcel of land held under lease from the Commonwealth;
| (c) | a parcel of land held under a weekly or fortnightly tenancy |
from the Commonwealth; or
| (d) | a parcel of land vested in the Commonwealth and occupied |
by a person with the consent of the Commonwealth.
| * Notified in the Australian | Government | Gazette on 5 July 1973; disallowed in part by the Senate on I 5 November |
1973 (see footnote * on page xiii).
" (2) For the purposes of this Ordinance, a parcel of land situated at Oaks Estate is a parcel of rateable land if—
| (a) | sewerage services are supplied in respect of that parcel of land; or |
| (b) | the parcel of land has been declared by the Minister, by notice in the Gazette, to be a parcel of land in respect of which sewerage services are available for supply. |
" (3) The Minister shall not declare a parcel of land situated at Oaks Estate to be a parcel of land in respect of which sewerage services are available for supply unless a person occupying, or perform ing the duties of, the office of Director of Works, Australian Capital Territory, in the Department of Works has certified in writing that sewerage services are available for supply to that parcel of land.
" (4) A parcel of land that is, by virtue of this section, a parcel of rateable land shall be deemed to have become a parcel of rateable land—
| (a) | in the case of a parcel of land to which sewerage services are supplied on the first day of July, 1973—on that day; |
(b) in any other case—
(i) on the day on which sewerage services are first supplied to the parcel; or
(ii) on the day on which a notice is published in the Gazette for the purpose of paragraph (b) of sub
whichever first occurs.".
5. Section 6 of the Principal Ordinance is amended—
| (a) | by omitting from paragraph (e) of sub-section (1) the words " of this section " and substituting the words " of this sub-section or in sub-section (3) "; |
| (b) | by inserting in sub-section (2), after the words "parcel of land " (first occurring), the words ", not being a parcel of land situated at Oaks Estate,"; and |
(c) by adding at the end thereof the following sub-section:—
| " (3) A parcel of rateable land situated at Oaks Estate shall— |
| (a) | where a building containing residential flats is erected on the parcel—be taken to be a Class 6 parcel of rateable land;and |
| (b) | in any other case—be taken to be a Class 7 parcel of rateable land.". |
6. Section 7 of the Principal Ordinance is amended by inserting after the word " rates " the words " and additional sewerage rates ".
7. After section 8 of the Principal Ordinance, the following sections are inserted:—
" 8A . (1) Subject to this Ordinance, where a parcel of land is a Class 6 parcel of rateable land on the first day of a rating year and, on that day, sewerage services are supplied in respect of the parcel, the amount of sewerage rates imposed in respect of the parcel is—
| (a) | in the rating year commencing on the first day of July, 1973—the sum of the amount of Seventeen dollars twenty |
cents a n d an a m o u n t of T e n dollars in respect of each flat
conta ined in the bui lding; o r
| ( b ) | in any other ra t ing y e a r — t h e sum of the a m o u n t of Seventeen dol lars twenty cents and an a m o u n t calculated by mul t ip lying the a m o u n t of the service charge deter mined unde r section 8 B by the n u m b e r of flats conta ined in the bui lding. |
" ( 2 ) Subject to this Ord inance , where a parce l of l and is a Class 7 parce l of ra teab le land o n the first day of a ra t ing year and, o n tha t day, sewerage services a re supplied in respect of the parcel , the a m o u n t of sewerage rates imposed in respect of the parce l i s —
| ( a ) | in t h e ra t ing year c o m m e n c i n g o n | the first day | of | July, |
| 1 9 7 3 — a n | a m o u n t | of | Twenty-seven | dollars | twenty | cents ; |
| o r |
| ( b ) | in any other ra t ing y e a r — t h e sum of the service charge de te rmined by the Minis ter unde r section 8 B and an |
| a m o u n t of Seventeen dol lars twenty | cents. | |
" ( 3 ) Subject to this Ord inance , where a parcel of land is a Class 6 or Class 7 parce l of ra teable l and on the first day of a ra t ing year but , on tha t day, sewerage services a re no t supplied in respect of tha t parce l , t h e a m o u n t of sewerage ra tes imposed in the ra t ing year in respect of t h e pa rce l is an a m o u n t of Seventeen dol lars twenty cents.
| " 8 B . ( 1 ) | T h e Minis ter m a y , by not ice publ ished in the | Gazette |
no t la ter t h a n the first d a y of a ra t ing year o ther t h a n the ra t ing year c o m m e n c i n g o n the first day of July , 1 9 7 3 , de te rmine the a m o u n t of the service charge t ha t is t o b e payab le unde r sub-section (1) of section
8 A in relat ion to Class 6 o r Class 7 parcels of ra teable land in respect
| " | ( 2 ) | I n m a k i n g a de te rmina t ion | unde r sub-sect ion | ( 1 ) , the | Minis |
ter shal l h a v e r ega rd to the costs of the opera t ion and ma in t enance of
| sewerage | services | at O a k s | Es ta te . " . |
| 8 . | Sect ion | 1 0 | of | the | Pr inc ipa l | O r d i n a n c e | is | a m e n d e d — |
| ( a ) | by inserting in sub-section | ( 1 ) , after the words | " r a t e a b l e |
| l and " | ( second | o c c u r r i n g ) , | the words , | " o the r | t h a n | a | Class |
6 o r Class 7 parce l of ra teable l and " ; and
| ( b ) | by add ing at the end thereof the following sub-sec t ions :—
" ( 3 ) W h e r e a parce l of l and is no t a parce l of ra teable
land on the first day of a ra t ing year but , by vi r tue of the
opera t ion of pa rag raph ( b ) of sub-section ( 2 ) of section |
5A , becomes a Class 6 o r Class 7 parcel of ra teab le land
o n a subsequent day in the ra t ing year , n o sewerage rates
are imposed in tha t ra t ing year in respect of tha t parcel . |
| " ( 4 ) | Where , dur ing a ra t ing year, sewerage services are |
suppl ied to a Class 6 o r Class 1 parcel of ra teab le land, addi t ional sewerage rates are imposed in the ra t ing year in respect of the parcel .
| " ( 5 ) | T h e a m o u n t of addi t ional sewerage rates | imposed |
in a ra t ing year in respect of a Class 6 parce l of ra teab le land is the a m o u n t ascer ta ined in accordance with the
a b
| formula | rrr | w h e r e — |
| 365 |
| a is the a m o u n t calculated by mul t ip lying | the |
a m o u n t of T e n dollars or, in respect of a ra t ing year commenc ing on or after the first day of July , 1974 , the a m o u n t de termined by the Minis ter unde r section 8 B , by the n u m b e r of residential flats conta ined in the bui lding erected o n the
b is the n u m b e r of days in the period from and including the day on which sewerage services a re supplied to the parce l to and including the last day of the ra t ing year.
| " ( 6 ; | T h e a m o u n t of addi t ional sewerage rates imposed |
in a rat ing year in respect of a Class 7 parcel of ra teab le l and is the a m o u n t ascer ta ined in accordance with the
| formula | - — | w h e r e — |
| 365 |
| a | is, in respect of the ra t ing year commenc ing on the first day of July, 1 9 7 3 , the sum of Ten dollars or, in respect of any other ra t ing year, the a m o u n t de termined by the Minister under section 8 B ; and |
| b | is the n u m b e r of days in the period from and includ ing the day on which sewerage services are sup plied to the parcel to and including the last day of the rat ing year. |
| " ( 7 ) | Addi t iona l sewerage rates imposed by sub-section |
| on which sewerage services are supplied to the parce l . " . |
| ( 4 ) in respect of a parce l of land become due on the day |
| 9. | Sect ion | 13 of | the | Pr inc ipa l | O r d i n a n c e is | a m e n d e d — |
| ( a ) | by insert ing in p a r a g r a p h ( a ) of sub-sect ion ( 1 ) , after the word " l and ", the words " o ther than a Class 6 or Class 7 parcel of ra teable land " ; |
| ( b ) | | by omi t t ing from sub-sect ion ( 2 ) | the w o r d " section " and | |
subst i tut ing the word " sub-section " ;
| ( c ) | | by | insert ing | after | sub-section | ( 3 ) | the | following | s u b | |
s e c t i o n : —
| " | ( 3 A ) | W h e r e — |
| ( a ) | o n the first day of a ra t ing year , sewerage services a re suppl ied to a Class 6 or Class 7 parce l of |
| |
| (b) | on a subsequent day in that rating year, not |
be ing the last day in the ra t ing year , sewerage services cease to be supplied to tha t parce l ; and
| (c) | sewerage rates imposed in that rating year in |
respect of tha t parcel have been pa id ,
the Commonwea l th is liable to refund to the person w h o is, on the day on which sewerage services cease to be supplied to that parcel , the occupier of the parcel an a m o u n t ascer-
ab
| tained in accordance with the formula | w h e r e — |
3 6 5
a is the a m o u n t of the sewerage rates referred to in
| pa rag raph | ( c ) | less the a m o u n t of Seventeen | dollars |
twenty cents ; and
b is the n u m b e r of days in the period from and including
the day on which sewerage services cease to be sup
plied to that parcel to and including the last day of
| the rat ing year ." ; | and |
| (d) | by inserting in sub-section (4), after the words " sewerage |
| r a t e s " | (wherever | o c c u r r i n g ) , | the | words | " a n d | addit ional | |
sewerage rates (if a n y ) " .
| 1 0 . Section | 14 of the Pr incipal Ord inance is | a m e n d e d — |
| (a) | by omitting sub-section (1) and substituting the following |
sub-sec t ion :—
" ( 1 ) Subject to this section, the sewerage rates or addi
t ional sewerage rates imposed in a rat ing year in respect |
| of a parcel of ra teable land are | p a y a b l e — | |
| ( a ) | in the case of a parce l of freehold l a n d — b y the person or persons in w h o m the land is vested |
| the rates or addi t ional rates become due ; | for an estate in fee simple on the day o n which | |
| (b) | in the case of a parcel of land held under lease |
from the C o m m o n w e a l t h — b y the person w h o is, or the persons who are, the lessee or lessees of the l and o n the day on which the rates or addi
| t ional | ra tes | b e c o m e | due ; | |
| ( c ) | in the case of a parcel of l and held unde r a weekly o r fortnightly tenancy from the C o m m o n w e a l t h — b y the person w h o is, or the persons w h o are , the tenan t or tenants of the l and on the day on which the rates or addi t ional rates b e c o m e d u e ; a n d |
| (d) | in the case of a parcel of land that has been |
| acquired | by | the | C o m m o n w e a l t h | bu t | is, on | the | |
d a y o n which the ra tes or addi t ional ra tes be c o m e due , occupied by a person or persons wi th the consent of the C o m m o n w e a l t h — b y tha t per son or those persons , as the case m a y b e . " ; a n d
| ( b ) | by insert ing in sub-section | ( 2 ) , after the word | " l e s s e e " , |
t he words " o r lessees, as the case m a y b e ".
| 1 1 . | Section | 19 of | the | Pr inc ipa l | O r d i n a n c e | is a m e n d e d | by | inserting |
| in | sub-section | ( 1 ) , | after | the | words | " s e w e r a g e | r a t e s " | (wherever |
| o c c u r r i n g ) , | t he words | " o r | addi t ional | sewerage | ra tes ". |
| 1 2 . | Sect ion | 2 0 | of | the | Pr inc ipa l | O r d i n a n c e | is a m e n d e d | by | inserting |
after the w o r d s " Sewerage rates " the words " and addi t ional sewerage
| 1 3 . Section 2 3 of the Pr inc ipa l O r d i n a n c e is amended | by | inserting |
| after the words " sewerage ra tes " | (wherever o c c u r r i n g ) , the words " o r |
| addi t ional | sewerage | ra tes " . |
| 1 4 . Section 2 4 of the Pr inc ipa l Ord inance is a m e n d e d by adding | at |
| the end thereof the following | sub - sec t ion :— |
| " ( 4 ) | In | p a r a g r a p h | ( a ) | of | sub-sect ion | ( 1 ) , | ' s e w e r a g e | r a t e s ' |
| includes | addi t ional | sewerage | ra tes ." . |
| 1 5 . | Section | 2 7 | of | the | Pr inc ipa l | O r d i n a n c e | is repea led | and | the |
| following | sect ion | subs t i t u t ed :— |
| " 2 7 . | ( 1 ) | W h e r e , by vir tue of section 14, sewerage rates or addi |
t ional sewerage rates imposed in respect of a parcel of l and are payable by two or m o r e persons w h o have , or each of w h o m has , an interest in the l and , those persons a re jointly a n d severally l iable for the whole of the a m o u n t of the sewerage rates d u e but , as be tween themselves,
| t o the va lue of his interest in the land. | each of them is l iable only for a pa r t of the sewerage rates p ropor t iona te | " ( 2 ) W h e r e , by vir tue of section 14, sewerage rates o r | addi t ional |
sewerage ra tes imposed in respect of a parce l of l and are payab l e by t w o or m o r e persons w h o d o no t h a v e an interest in the land , those persons a re jointly a n d severally l iable for t h e whole of the a m o u n t of the sewerage ra tes d u e bu t , as be tween themselves, each of t h e m is l iable only for a n a m o u n t ca lcu la ted b y dividing the a m o u n t of the rates payab l e by the n u m b e r of persons l iable t o p a y those ra tes .
| " ( 3 ) | W h e r e , by v i r tue of section | 14, sewerage ra tes o r | addi t ional |
sewerage rates imposed in respect of a pa rce l of l and are payab le by two or m o r e persons , one of those persons w h o pays to the C o m m o n
| wea l th | a n | a m o u n t | grea ter | t h a n | t h e | a m o u n t | for | which , | as | be tween |
| himself and t h e o the r pe r son or persons , h e is l iable m a y recover | the |
| excess from | tha t o the r pe r son o r those o the r | persons ." . |
16 . T h e Pr incipal O r d i n a n c e is amended as set out in the following
t a b l e : —
| Provision amended | Omit— | Insert— |
| Section 8 (1) (a) | . . | Fifteen dollars | Twenty-five dollars |
| Section 8 (1) (b) | . . | Fifteen dollars | Twenty-five dollars |
| Section 8 (1) (c) | Fifteen dollars | Twenty-five dollars |
| Section 8 (1) (d) (i) | Fifteen dollars | Twenty-five dollars |
| Section 8 (1) (d) (ii) | . . | . . | Fifteen dollars | . . | . . | Twenty-five dollars |
| Seven dollars fifty cents | . . | Twelve dollars fifty cents |
| Section 8 (1) (e) (i) | Fifteen dollars | Twenty-five dollars |
| Section 8 (1) (e) (ii) | . . | sum of Fifteen dollars | sum of Twenty-five dollars |
| rate of Fifteen dollars | . . | rate of Fifty dollars |
| Section 8 (2) | . . | Fifteen dollars | Twenty-five dollars |
| Section 12 (2) | . . | Fifteen dollars | Twenty-five dollars |
| Section 16 (1) (c) | Fifteen dollars | Twenty-five dollars |
| 17 . T h e | Pr incipal O r d i n a n c e is amended by | add ing at the | end |
| thereof | the | following | S c h e d u l e : — |
OAKS ESTATE
First: All that piece of land situated in the Australian Capital Territory and described in Deposited Plan 2207.
Secondly: All that piece of land known as ' Hazelbrook' containing an area of 12 acres 1 rood more or less: Commencing at the northeastern corner of Lot 13 of Section L of Deposited Plan 2207 and bounded thence by the northwestern boundary of that Lot 13 bearing 246 degrees 1 minute 707 links; thence by the northeastern boundary of that Lot 13 its prolongation and northeastern boundaries of Lot 34, Lot 35 and Lot 19 of Section K of Deposited Plan 2207 bearing in all 327 degrees 31 minutes 1434.2 links; thence by a south eastern bank of Molonglo River upstream and a southwestern bank of Queanbeyan River upstream to the point of commencement.
Thirdly: All that piece of land known as "The Oaks' containing an area of 2 acres 2 roods 22 perches more or less: Commencing at the northeastern corner of Lot 10 of Section B of Deposited Plan 2207 and bounded thence by a southeastern bank of Molonglo River upstream to its intersection with the western side of Hill Street; thence by that side of that street bearing 179 degrees 24 minutes 30 seconds 936.25 links; thence by northwestern boundaries of Lots 14 and 13 and part of the northwestern boundary of Lot 12 of Section B
| northeastern boundary of Lot 10 of Section B of Deposited Plan 2207 bearing 356 degrees | of Deposited Plan 2207 bearing in all 265 degrees 54 minutes 343.66 links; thence by the | 3 minutes 30 seconds 550 links to the point of commencement.". |
| 18 . | T h e | amendmen t s m a d e | by | this | O r d i n a n c e apply in | the | ra t ing |
year that commenced on the first day of July, 1 9 7 3 , and in each
subsequent ra t ing year .