Victorian Numbered Acts Victorian Numbered ActsFor Division 10 of Part 13 of the Principal Act substitute —
(1) The Minister, by notice in writing, may require a person on whom a capital works salinity impact charge may be imposed under section 232D to pay a capital works salinity impact charge fixed in accordance with a determination under section 232B(1)(a).
(2) The Minister, by notice in writing, may require a person on whom an annual salinity impact charge may be imposed under section 232E to pay an annual salinity impact charge fixed in accordance with a determination under section 232B(1)(b).
(1) A notice under section 287A must specify—
(a) the amount of the salinity impact charge, or, if the salinity impact charge may be paid in instalments, the amount of each instalment; and
(b) the date by which the person must pay the salinity impact charge, or, if the salinity impact charge may be paid in instalments, the date by which the person must pay each instalment; and
(c) whether the salinity impact charge is a capital works salinity impact charge or an annual salinity impact charge; and
(d) the property and the water use licence to which the salinity impact charge relates.
(2) A notice under section 287A is not invalid merely because of a minor error or defect.
(1) Subject to subsection (2), a salinity impact charge must be paid by the date specified in the notice given under section 287A, being a date that is at least 28 days after the date of issue of the notice.
(2) If a salinity impact charge is payable in instalments, each instalment must be paid by the date specified in the notice, being a date that is at least 14 days after the date of issue of the notice.
Any unpaid salinity impact charge due to the Minister (including interest) is a debt due to the Crown by the person liable to pay the charge and may be recovered in any court of competent jurisdiction.
(1) Any unpaid salinity impact charge bears interest at the rate set from time to time for the purposes of this section by the Minister from the date specified in the notice under section 287A by which the person must pay the charge to the date that it is paid.
(2) The rate set by the Minister must not be more than the rate fixed from time to time for the purposes of subsection (1) by the Essential Services Commission under a Code under section 4F of the Water Industry Act 1994 .
(3) If the Minister sets a new rate, the new rate takes effect on the date set by the Minister and applies from that date to all salinity impact charges (other than interest) owing to the Minister on that date.
(4) No interest is payable if the person liable to pay the amount has arranged with the Minister for payment by instalments of the amount due, and any instalments that have become due have been paid by the date specified in the notice under section 287A for the instalments.
(5) The Minister may exempt any person from paying the whole or any part of any interest either generally or specifically.
(1) If a person who owns property and has a water-use licence that authorises the use of water on the property is liable to pay a salinity impact charge to the Minister in relation to the licence, any unpaid amount of the salinity impact charge is a charge on the property, whether or not the Minister has agreed to defer the payment of the whole or any part of that amount.
(2) A person who becomes the owner of a property must pay to the Minister at the time the person becomes the owner of the property any amount that is a charge under this section on that property.
(1) The Minister may collect a salinity impact charge from a person on whom the charge is imposed.
(2) Section 9(2) of the Financial Management Act 1994 does not apply to the collection under this Division of salinity impact charges by the Minister.
(1) The Minister may apply salinity impact charges that have been collected—
(a) for the payment of such amounts as are determined or required by the Minister to perform the Minister's functions in relation to salinity mitigation under section 232A; and
(b) for the payment of the costs of the administration of Part 11A and this Division.
(2) For the purposes of subsection (1)(a), the Minister may apply salinity impact charges that have been collected for the payment of amounts in relation to—
(a) land within Victoria, whether or not the land is within a salinity impact zone; or
(b) land that is outside of Victoria, if the application of the charges is to meet the State's obligations under the Murray-Darling Basin Agreement.".