Victorian Repealed Acts

This legislation has been repealed.

Melbourne and Metropolitan Board of Works Act 1958 - SECT 280

Power to impose fees under a tariff

280. Power to impose fees under a tariff



(1) The Board may impose fees under a tariff for the purposes of this Part and
of the exercise by the Board of any functions and powers as a delegate of the
Minister under Division 4 of Part 10 of the Water Act 1989.

(2) A fee imposed under a tariff on a property may be-

   (a)  a fixed amount; or

   (b)  an amount fixed according to-

   (i)  the net annual value of the property; or

   (ii) the site value of the property; or

   (iii) the capital improved value of the property; or

   (iv) the size of the property; or

   (v)  the use of the property; or

   (vi) how the use or development of the property is controlled under a
        planning scheme; or

   (vii) the extent of use of or benefit from works or services provided by
        the Board; or

   (c)  any combination of amounts referred to in paragraphs (a) and (b).

(3) The Board in imposing fees under a tariff (other than fees of a fixed
amount) may, by resolution of the Board of Directors, fix a minimum amount or
a zero amount in respect of any property or class of property.

(4) The Board may, by resolution of the Board of Directors, fix different fees
payable for different properties or for different periods on the basis of any
criteria specified in the resolution.

(5) A resolution under sub-section (3) or (4) has no effect until the day on
which notice of the making of the resolution is published in a newspaper
circulating generally in the area concerned.

(6) The Board may, in respect of a property that becomes liable during a
financial year to a fee imposed under a tariff, impose a proportion of the fee
for that part of the year during which the property is liable to a fee under
the tariff.

(7) The Board may, in respect of a property, separately impose fees under a
tariff in respect of each separate occupancy on that property.

(8) In determining what constitutes a separate occupancy, the Board must use
the relevant principles set out in the Valuation of Land Act 1960.