South Australian Current Acts South Australian Current Acts (a) be a
rate based on the value of the land subject to the rate; or
(c) be a
rate that consists of two components—
(i)
one being based on the value of the land subject to the
rate; and
(ii)
the other being a fixed charge.
(2) The following
provisions apply in relation to a fixed charge under subsection (1)(c):
(a)
except as provided by the following paragraphs, a fixed charge must apply
equally to each separate piece of rateable land in the area;
(b) a
fixed charge cannot be imposed against land that constitutes less than the
whole of a single allotment;
(ba) a
fixed charge cannot be imposed against—
(i)
each site in a caravan park; or
(ii)
each site in a residential park within the meaning of the
Residential Parks Act 2007 ; or
(iii)
each marina berth within a marina;
(c) if
two or more pieces of contiguous rateable land are owned by the same owner and
occupied by the same occupier, only one fixed charge may be imposed against
the whole of that land;
(d) if
two or more pieces of rateable land within the area of the council constitute
a single farm enterprise, only one fixed charge may be imposed against the
whole of the land.
(3)
Subsection (2)(d) only applies if the council is satisfied, on
application to the council and by provision of such information or evidence as
the council may reasonably require, that the relevant land is within the ambit
of the provision.
(4) If the grounds on
which land is within the ambit of subsection (2)(d) cease to exist, the
person who has the benefit of the provision must immediately inform the
council of that fact.
Maximum penalty: $5 000.
(5) In this
section—
(a) an
allotment is—
(i)
the whole of the land comprised in a certificate of
title; or
(ii)
the whole of land subject to a separate lease or licence,
other than a lease or licence of a prescribed class (if any);
(b) a
reference to a single farm enterprise is a reference to two or more pieces of
rateable land—
(i)
which—
(A) are farm land; and
(B) are farmed as a single enterprise; and
(C) are occupied by the same person or
persons,
whether or not the pieces of land are contiguous; or
(ii)
which—
(A) as to all the pieces except one, are
farm land farmed as a single enterprise occupied by the same person or
persons; and
(B) as to one piece contiguous with at
least one of the other pieces, is the principal place of residence of that
person or one of those persons.
(6) In this
section—
"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 rateable land within a marina—
(a) used
for the berthing or mooring of a vessel; or
(b) used
for the dry storage of a vessel (commonly known as a hard stand).