Water Act 1912 Water (Part 7) Regulation 1991 (1991-467) [GG No 121 of 30.8.1991] (NSW)

1991—No. 467

WATER ACT 1912—REGULATION

(Water (Part 7) Regulation 1991)

NEW SOUTH WALES

[Published in Gazette No. I21 of 30 August 1991]

HIS Excellency the Governor, with the advice of the Executive Council,

and in pursuance of Water Act 1912, has been pleased to make the

Regulation set forth hereunder.

ROBERT WEBSTER

Minister for Natural Resources.

Citation

1. This Regulation may be cited as the Water (Part 7) Regulation 1991.

Commencement

2. This Regulation commences on 1st September, 1991.

Definitions

3. In this Regulation:

“Ministerial Corporation” means the Water Administration

Ministerial Corporation constituted by the Water Administration Act

1986;

“the Act” means the Water Act 1912.

Payment of rates

4. (1) An owner or ratable person in respect of a holding within a district or provisional district constituted under Part 7 of the Act is to be notified, by means of a notice of assessment, of:

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(a)	the rate fixed by the Ministerial Corporation for the current year; and
(b)	the amount payable by the owner or ratable person, in accordance with that rate (subject to any variation by the Ministerial Corporation), for the period to which the notice relates.

(2) The amount specified in the notice is to be paid to the Ministerial Corporation on or before the date for payment specified in the notice, which date must not be less than 28 days after the date of issue of the notice.

(3) If a holding first becomes subject to a rate after 1 July in any year, the amount of the rate is to be apportioned, for the period from the date from which the holding becomes subject to the rate until 30 June next following, on the basis of such proportion of the rate as that period bears to the whole year.

Interest on overdue rates

5. The rate of interest prescribed for the purposes of section 159 (2)

(b) (iv) of the Act is 18 per cent per year.

Interference with works

6. A person must not damage or otherwise interfere with any work that

is owned or controlled by the Ministerial Corporation except with the
authority of the Corporation.

Maximum penalty: $500.

Repeal

7. The Water (Part VII) Regulations are repealed.

TABLE OF PROVISIONS

1.        Citation

2.        Commencement

3.        Definitions

4.         Payment of rates

5.         Interest on overdue rates

6.         Interference with works

7.        Repeal

1991—No. 467

EXPLANATORY NOTE

The object of this Regulation is to repeal and re-make the provisions of the Water (Part VII) Regulations. The Regulation makes provision for the payment of rates under Part 7 of the Water Act 1912, for the charging of interest on overdue rates and for the prohibition of damage or interference to certain works that are owned or controlled by the Water Administration Ministerial Corporation.

This Regulation is made in connection with the staged repeal of subordinate legislation under Part 3 of the Subordinate Legislation Act 1989.