South Australian Current Acts South Australian Current Acts155—Service rates and service charges
(1) In this
section—
"prescribed service" means any of the following services:
(a) the
treatment or provision of water;
(b) the
collection, treatment or disposal (including by recycling) of waste;
(ba) a
television transmission (or retransmission) service;
(c) any
other service prescribed by the regulations for the purposes of this
definition.
(2) A council may
impose—
(a) a
service rate, an annual service charge, or a combination of a service rate and
an annual service charge, on rateable land within its area to which it
provides, or makes available, a prescribed service;
(b) an
annual service charge on non-rateable land to which it provides, or makes
available, a prescribed service.
(2a)
Subsection (2) does not apply in prescribed circumstances.
(3) A service rate, or
annual service charge, may vary—
(a)
according to whether the land to which it applies is vacant or occupied; or
(b)
according to any other factor prescribed by the regulations and applied by the
council.
(4) If a council
provides more than one prescribed service of a particular kind in its area, a
different service rate or annual service charge may be imposed in respect of
each service.
(5) A council must not
seek to recover in relation to a prescribed service an amount by way of
service rate, annual service charge, or a combination of both exceeding the
cost to the council of establishing, operating, maintaining, improving and
replacing (including by future capital works and including so as to take into
account the depreciation of any assets) the service in its area (being a cost
determined taking into account or applying any principle or requirement
prescribed by the regulations).
(5a)
Subsection (5) is subject to the qualification that if the
Essential Services Commission ("ESCOSA") makes a determination under another
Act regulating prices, conditions relating to prices, and price-fixing factors
for the provision of a prescribed service that is inconsistent with that
subsection, the determination made by ESCOSA will prevail to the extent of the
inconsistency (and ESCOSA may, in acting under another Act in a case that is
relevant to the operation of this section, apply or take into account a factor
or principle that is in addition to a matter referred to in
subsection (5)).
(6) Subject to
subsection (7), any amounts held in a reserve established in connection
with the operation of subsection (5) must be applied for purposes
associated with improving or replacing council assets for the purposes of the
relevant prescribed service.
(7) If a prescribed
service under subsection (6), is, or is to be, discontinued, any excess
of funds held by the council for the purposes of the service (after taking
into account any expenses incurred or to be incurred in connection with the
prescribed service) may be applied for another purpose specifically identified
in the council's annual business plan as being the purpose for which the funds
will now be applied.
(8) An annual service
charge may be based on—
(a) the
nature of the service; or
(b) the
level of usage of the service; or
(c) any
factor that applies under subsection (3); or
(d) a
combination of 2 or more factors under the preceding paragraphs.
(9) A service charge
imposed by a council under this section is recoverable as if it were a rate
(even as against non-rateable land).
(10) A council may
declare a service rate or an annual service charge in respect of a particular
prescribed service despite the fact that the service is provided on behalf of
the council by a third party.
(11) If a
prescribed service, in relation to a particular piece of land, is not provided
at the land and cannot be accessed at the land, a council may not impose in
respect of the prescribed service a service rate or annual service charge (or
a combination of both) in relation to the land unless the imposition of the
rate or charge (or combination of both)—
(a) is
authorised by the regulations; and
(b)
complies with any scheme prescribed by the regulations (including regulations
that limit the amount that may be imposed or that require the adoption of a
sliding or other scale established according to any factor, prescribed by the
regulations, for rates or charges (or a combination of both) imposed under
this section).