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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Local Government (Rates) Amendment
Bill 2012
A BILL FOR
An Act to amend the Local
Government Act 1999.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Local Government
Act 1999
3Amendment of section 156—Basis of
differential rates
4Amendment of section 158—Minimum rates and
special adjustments for specified values
5Insertion of section
158A
158AMinimum rates for
marinas etc
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Local Government (Rates) Amendment
Act 2012.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Local Government
Act 1999
3—Amendment
of section 156—Basis of differential rates
(1) Section 156(6)—delete "If" and substitute:
Subject to subsection (6a), if
(2) Section 156—after subsection (6) insert:
(6a) Despite any other
provision of this Act, the non-use of vacant land (being land that is to be used
for residential purposes) cannot be used for the purpose of the declaration of
differential rates that exceed the rate that would have been imposed were the
land being used for residential purposes unless the land has been owned by the
same person or body for not less than 3 years.
(3) Section 156—after subsection (15) insert:
(16) In this section—
residential purposes—land is to be used for a
residential purpose if the land is to be used for a detached dwelling, group
dwelling, multiple dwelling, residential flat building, row dwelling or
semi-detached dwelling within the meaning of the Development
Regulations 2008.
4—Amendment
of section 158—Minimum rates and special adjustments for specified
values
Section 158—after subsection (1) insert:
(1a) Subsection (1) does not apply to, or in relation, rateable land
consisting of a marina or marina berth (within the meaning of section
158A).
After section 158 insert:
158A—Minimum rates for marinas
etc
(1) A council may, in accordance with this section, fix a minimum amount
payable by way of rates or charges under this Part in relation to a marina
within the area of a council, or marina berths within the marina.
(2) If 2 or
more pieces of ratable land within a marina are owned by the same owner (whether
occupied by the same occupier or otherwise), a minimum amount payable by way of
rates or charges may only be imposed against the whole of the land and not
against individual pieces of it (including, to avoid doubt, individual marina
berths).
(3) However, the minimum amount payable fixed where
subsection (2)
applies cannot exceed—
(a) the total amount that would, but for this section, be payable by way
of rates and charges under this Part if the pieces of ratable land were a single
piece of ratable land; or
(b) the amount fixed by the regulations,
whichever is the lesser.
(4)
Subsection (2)
does not apply in relation to a service rate or annual service charge (however,
the ability to fix a minimum amount payable by way of a service rate or annual
service charge will apply subject to any restriction, limitation or condition
made by the regulations, including a provision that only allows the fixing of a
minimum amount in prescribed circumstances).
(5) If an owner owns 1
marina berth within a marina (whether occupied by the owner or otherwise) a
minimum amount payable by way of rates or charges under this Part may be imposed
against the marina berth.
(6) However, if the value of a particular marina berth is less than 50% of
the notional value of marina berths within the marina used by the council to fix
the minimum amount payable under
subsection (5), then
the amount payable by way of rates or charges under this Part in relation to the
marina berth will be taken to be—
(a) an amount equal to 50% of that minimum amount; or
(b) the amount fixed by the regulations,
whichever is the lesser.
(7) A minimum amount payable by way of rates or charges cannot be imposed
against a marina berth or any other land that constitutes less than the whole of
a single allotment.
(8) A council cannot fix a minimum amount payable under this section in
respect of a general rate or a separate rate if the council has included a fixed
charge as a component of that rate.
(9) This section does not apply to, or in relation to, rates or charges
imposed in respect of the 2012/13 financial year, or any preceding
year.
(10) In this section—
allotment means the whole of the land comprised in a
certificate of title;
marina means a facility comprising pontoons, jetties, piers
or other structures (whether on water or land) designed or used to provide
berths, moorings or dry storage for vessels;
marina berth means a piece of ratable land within a
marina—
(a) used for the berthing or mooring of a vessel; and
(b) used for the dry storage of a vessel (commonly known as a hard
stand).