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New South Wales
State Revenue and Other Legislation
Amendment (Budget Measures)
Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendments 2
4 Explanatory notes 2
5 Repeal of Act 2
Schedule 1 Amendment of Duties Act 1997 No 123 3
Schedule 2 Amendment of First Home Owner Grant Act 2000 No 21 9
Schedule 3 Amendment of land tax legislation 16
Schedule 4 Amendment of children's services legislation 22
Schedule 5 Amendment of Civil Procedure Regulation 2005 24
Schedule 6 Amendment of emergency services legislation 25
Schedule 7 Amendment of Human Tissue Act 1983 No 164 47
Schedule 8 Amendment of Management of Waters and Waterside
Lands Regulations--N.S.W. 49
Schedule 9 Amendment of Mining Regulation 2003 50
Schedule 10 Amendment of Parking Space Levy Act 1992 No 32 51
b2008-123-40.d12
State Revenue and Other Legislation Amendment (Budget Measures) Bill 2008
Contents
Page
Schedule 11 Amendment of planning legislation 53
Schedule 12 Amendment of private hospitals and day procedure
centres legislation 61
Schedule 13 Amendment of Real Property Regulation 2008 63
Schedule 14 Amendment of Victims Support and Rehabilitation Act
1996 No 115 64
Schedule 15 Amendment of environmental protection (waste) legislation 66
Contents page 2
New South Wales
State Revenue and Other Legislation
Amendment (Budget Measures)
Bill 2008
No , 2008
A Bill for
An Act to make miscellaneous amendments to certain State revenue and other
legislation to implement Budget measures announced by the Treasurer on
11 November 2008, and to give effect to other related measures.
State Revenue and Other Legislation Amendment (Budget Measures)
Clause 1 Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the State Revenue and Other Legislation Amendment 3
(Budget Measures) Act 2008. 4
2 Commencement 5
(1) This Act commences on the date of assent, except as provided by 6
subsection (2). 7
(2) The following provisions commence, or are taken to have commenced, 8
on the dates indicated: 9
(a) Schedules 1.1 and 3--31 December 2008, 10
(b) Schedules 1.2, 4, 5, 9 and 13--1 January 2009, 11
(c) Schedules 6 and 15.3 [6]--1 July 2009, 12
(d) Schedule 8--1 March 2009, 13
(e) Schedule 15.3 [5]--1 November 2009. 14
3 Amendments 15
The Acts and instruments specified in Schedules 1-15 are amended as 16
set out in those Schedules. 17
4 Explanatory notes 18
The matter appearing under the heading "Explanatory note" in any of 19
the Schedules does not form part of this Act. 20
5 Repeal of Act 21
(1) This Act is repealed on the day following the day on which all of the 22
provisions of this Act have commenced. 23
(2) The repeal of this Act does not, because of the operation of section 30 24
of the Interpretation Act 1987, affect any amendment made by this Act. 25
Page 2
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of Duties Act 1997 No 123 Schedule 1
Schedule 1 Amendment of Duties Act 1997 No 123 1
(Section 3) 2
1.1 Amendments relating to deferred abolition of duties 3
[1] Section 11 What is "dutiable property"? 4
Omit "1 January 2009" from the note to the section. 5
Insert instead "1 July 2012". 6
[2] Section 11, note 7
Omit "1 January 2011". Insert instead "1 July 2012". 8
[3] Section 26 Certain transactions concerning goods and other property 9
Omit "1 January 2011" from section 26 (3) and the note to the section, 10
wherever occurring. 11
Insert instead "1 July 2012". 12
[4] Section 26A Transactions involving goods and other property that occur 13
on or after 1 July 2012 14
Omit "1 January 2011" from section 26A (2). Insert instead "1 July 2012". 15
[5] Section 28 Apportionment--business assets in this and other 16
jurisdictions 17
Omit "1 January 2011" from section 28 (6) and the note to the section, 18
wherever occurring. 19
Insert instead "1 July 2012". 20
[6] Section 34 Abolition of duty on all transfers of marketable securities and 21
commercial fishery shares--effective 1 July 2012 22
Omit "1 January 2009" from section 34 (1) and (2), wherever occurring. 23
Insert instead "1 July 2012". 24
[7] Section 35 Abolition of duty on transfers of business assets--effective 25
1 July 2012 26
Omit "1 January 2011" wherever occurring. Insert instead "1 July 2012". 27
[8] Section 36 Abolition of duty on transfers of licences, permissions and 28
entitlements--effective 1 July 2012 29
Omit "1 January 2011" wherever occurring. Insert instead "1 July 2012". 30
Page 3
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 1 Amendment of Duties Act 1997 No 123
[9] Section 37 Anti-avoidance measures 1
Omit "1 January 2011" wherever occurring. Insert instead "1 July 2012". 2
[10] Section 65 Exemptions from duty 3
Omit "1 January 2011" from the notes to section 65 (6) and (7), wherever 4
occurring. 5
Insert instead "1 July 2012". 6
[11] Section 66 Exemptions--marketable securities 7
Omit "1 January 2009" from the note to section 66 (11). 8
Insert instead "1 July 2012". 9
[12] Section 124 Abolition of duty charged by this Part--effective 1 July 2012 10
Omit "1 January 2009" wherever occurring. Insert instead "1 July 2012". 11
[13] Section 137A Abolition of duty charged by this Part--effective 1 July 12
2012 13
Omit "1 January 2009" wherever occurring. Insert instead "1 July 2012". 14
[14] Section 203A Abolition of mortgage duty--effective 1 July 2012 15
Omit "1 July 2009" wherever occurring. Insert instead "1 July 2012". 16
[15] Section 218BA Collateral mortgages--anti-avoidance measure 17
Omit "1 July 2009" from the note to the section. Insert instead "1 July 2012". 18
[16] Section 274 Transfer of certain business property between family 19
members 20
Omit "1 January 2009" from the note to section 274 (2). 21
Insert instead "1 July 2012". 22
Explanatory note 23
Item [6] of the proposed amendments in Schedule 1.1 defers (from 1 January 2009 to 24
1 July 2012) the abolition of duty on the transfer of unquoted marketable securities and 25
commercial fishery shares. Similarly, items [12] and [13] defer, until 1 July 2012, the 26
abolition of duty on an entitlement to voting shares that arises from a capital reduction 27
or rights alteration, and duty on an allotment of shares by direction. 28
Items [7]-[9] defer (from 1 January 2011 to 1 July 2012) the abolition of duty on the 29
transfer of business assets and statutory licences and permissions. 30
Item [14] defers (from 1 July 2009 to 1 July 2012) the abolition of mortgage duty. 31
Mortgages associated with owner occupied housing or investment housing remain 32
exempt from mortgage duty. 33
The remaining items in Schedule 1.1 are consequential changes. 34
Page 4
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of Duties Act 1997 No 123 Schedule 1
1.2 Amendments relating to flat-rate duties 1
[1] Section 18 No double duty 2
Omit "$10" from section 18 (1) and (6A), wherever occurring. 3
Insert instead "$50". 4
[2] Section 18 (2)-(6) 5
Omit "$2" wherever occurring. Insert instead "$10". 6
[3] Section 30 Partitions 7
Omit "$10" from section 30 (4). Insert instead "$50". 8
[4] Section 33 Shares, units, derivatives and interests (marketable 9
securities) 10
Omit "$10" from section 33 (3). Insert instead "$50". 11
[5] Sections 53, 54-56, 57, 59 and 59A 12
Omit "$10" wherever occurring. Insert instead "$50". 13
[6] Section 58 Establishment of a trust relating to unidentified property and 14
non-dutiable property 15
Omit "$200" from section 58 (1) and (2), wherever occurring. 16
Insert instead "$500". 17
[7] Section 61 Transfers of property in connection with persons changing 18
superannuation funds 19
Omit "$200" from section 61 (2). Insert instead "$500". 20
[8] Section 62 Transfers between trustees and custodians of 21
superannuation funds or trusts 22
Omit "$200" from section 62 (3) (a). Insert instead "$500". 23
[9] Section 62 (3) (b) 24
Omit "$2". Insert instead "$10". 25
[10] Sections 63-64AA 26
Omit "$10" wherever occurring. Insert instead "$50". 27
[11] Section 163ZB Exempt transactions 28
Omit "$10" from section 163ZB (1) (i). Insert instead "$50". 29
Page 5
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 1 Amendment of Duties Act 1997 No 123
[12] Section 218B Collateral mortgage 1
Omit "$10" from section 218B (3). Insert instead "$50". 2
[13] Section 227 Unregistered mortgages protected by caveats 3
(anti-avoidance provision) 4
Omit "$10" from section 227 (2) (b). Insert instead "$50". 5
[14] Sections 271 and 273 6
Omit "$2" wherever occurring. Insert instead "$10". 7
[15] Section 272 Replicas 8
Omit "$10" from section 272 (1) (a). Insert instead "$50". 9
[16] Section 273 (2) 10
Insert "Chapter 7 (Mortgages) or" after "to". 11
Explanatory note 12
The proposed amendments in items [1]-[15] of Schedule 1.2 increase the rate of 13
certain nominal or flat-rate duties, effective 1 January 2009. The changes concerned 14
affect a number of instruments or transactions in respect of which ad valorem duty is 15
not payable, for example, duplicates of instruments on which ad valorem duty has 16
already been paid, certain transfers that attract a concessional rate of duty (transfers 17
relating to trusts, superannuation and deceased estates), and collateral mortgages. 18
The changes are as follows: 19
(a) if the duty payable is currently $2, it is increased to $10, 20
(b) if the duty payable is currently $10, it is increased to $50, 21
(c) if the duty payable is currently $200, it is increased to $500. 22
Item [16] is a consequential amendment. 23
1.3 Other amendments 24
[1] Section 65 Exemptions from duty 25
Insert after section 65 (17): 26
(18) Termination of strata scheme 27
No duty is chargeable under this Chapter on the vesting of an 28
estate or interest in land by or as a consequence of the termination 29
of a strata scheme to the extent that the persons who were 30
proprietors of the lots the subject of the strata scheme concerned 31
acquire, on the termination, an interest in the land that was the 32
subject of the strata scheme in proportion to their unit 33
entitlements immediately before the termination. 34
Page 6
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of Duties Act 1997 No 123 Schedule 1
(19) In subsection (18), a reference to the termination of a strata 1
scheme is a reference to an order under section 51 or 51A of the 2
Strata Schemes (Freehold Development) Act 1973 terminating a 3
strata scheme under that Act. 4
(20) Termination of scheme under Community Land Development 5
Act 1989 6
No duty is chargeable under this Chapter on the vesting of an 7
estate or interest in land by or as a consequence of the termination 8
of a scheme to the extent that the persons who were the 9
proprietors in the scheme concerned acquire, on the termination, 10
an interest in the land that was the subject of the scheme in 11
proportion to their unit entitlements immediately before the 12
termination. 13
(21) In subsection (20), a reference to the termination of a scheme is a 14
reference to an order under section 70 or 72 of the Community 15
Land Development Act 1989 terminating a scheme under that 16
Act. 17
[2] Schedule 1 Savings, transitional and other provisions 18
Insert at the end of clause 1 (1): 19
State Revenue and Other Legislation Amendment (Budget 20
Measures) Act 2008 21
[3] Schedule 1, Part 30 22
Insert after Part 29: 23
Part 30 Provisions consequent on enactment of 24
State Revenue and Other Legislation 25
Amendment (Budget Measures) Act 2008 26
70 Changes to nominal duties 27
An amendment made to this Act by Schedule 1.2 to the State 28
Revenue and Other Legislation Amendment (Budget Measures) 29
Act 2008 applies in respect of any liability for duty that arises on 30
or after 1 January 2009. 31
71 Exemption for termination of strata and similar schemes 32
The amendments made to section 65 by the State Revenue and 33
Other Legislation Amendment (Budget Measures) Act 2008 34
extend to a vesting of an estate or interest in land as referred to in 35
those amendments that occurred before the date of assent to that 36
Page 7
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 1 Amendment of Duties Act 1997 No 123
Act if the vesting occurred on or after the day the Bill for the State 1
Revenue and Other Legislation Amendment (Budget Measures) 2
Act 2008 was introduced into the Legislative Assembly. 3
Explanatory note 4
Item [1] of the proposed amendments in Schedule 1.3 provides for a new exemption 5
from duty for a vesting of land, or an interest in land, that occurs as a consequence of 6
the termination of a strata scheme or scheme under the Community Land Development 7
Act 1989. The exemption will apply only if the unit holders in the scheme retain, 8
following the termination, an interest in the land the subject of the scheme in proportion 9
to their unit entitlements. 10
Item [2] of the amendments enables the making of savings and transitional regulations 11
as a consequence of any of the amendments in Schedule 1. 12
Item [3] of the amendments makes provision for application of some of the proposed 13
amendments to the Duties Act 1997 in Schedule 1. 14
Page 8
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of First Home Owner Grant Act 2000 No 21 Schedule 2
Schedule 2 Amendment of First Home Owner Grant 1
Act 2000 No 21 2
(Section 3) 3
[1] Section 13A Special eligible transactions 4
Omit the section. 5
[2] Sections 18-18C 6
Omit sections 18 and 18A. Insert instead: 7
18 Amount of grant 8
(1) The amount of the first home owner grant is $7,000 plus the 9
following amounts (if applicable): 10
(a) if the eligible transaction concerned qualifies for the first 11
home owner boost for new homes, an additional $14,000, 12
(b) if the eligible transaction concerned qualifies for the first 13
home owner boost for established homes, an additional 14
$7,000, 15
(c) if the eligible transaction concerned qualifies for the NSW 16
new home buyers supplement, an additional $3,000. 17
(2) The maximum amount of the first home owner grant is the 18
consideration for the eligible transaction. Accordingly, if the 19
amount calculated under subsection (1) exceeds the 20
consideration for the eligible transaction, the amount of the first 21
home owner grant is the consideration for the eligible transaction. 22
Note. The maximum amount of the grant will be $24,000 (in the case of 23
an eligible transaction that qualifies for both the first home owner boost 24
for new homes and the NSW new home buyers supplement). If the 25
eligible transaction qualifies only for the first home owner boost for new 26
homes (and not the NSW new home buyers supplement), the maximum 27
grant will be $21,000. If the eligible transaction qualifies only for the NSW 28
new home buyers supplement (and not the first home owner boost), the 29
maximum grant will be $10,000. For eligible transactions relating to 30
established homes that qualify for the first home owner boost for 31
established homes, the maximum amount of the grant will be $14,000. 32
For eligible transactions that do not qualify for either the first home owner 33
boost or the NSW new home buyers supplement, the maximum amount 34
of the grant will remain at $7,000. 35
18A First home owner boost for new homes 36
(1) For the purposes of this Act, an eligible transaction qualifies for 37
the first home owner boost for new homes if it qualifies for the 38
first home owner boost for new homes under this section. 39
Page 9
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 2 Amendment of First Home Owner Grant Act 2000 No 21
(2) An eligible transaction that is a contract for the purchase of a new 1
home (other than a contract for an "off-the-plan" purchase of a 2
new home) qualifies for the first home owner boost for new 3
homes if the contract is made on or after 14 October 2008 and on 4
or before 30 June 2009. 5
(3) An eligible transaction that is a contract for an "off-the-plan" 6
purchase of a new home qualifies for the first home owner boost 7
for new homes if: 8
(a) the contract is made on or after 14 October 2008 and on or 9
before 30 June 2009, and 10
(b) the contract states that the eligible transaction must be 11
completed before 1 January 2011 or, in any other case, the 12
eligible transaction is completed before 1 January 2011 or 13
by such later date as the Chief Commissioner may allow 14
for delay caused by circumstances beyond the control of 15
the parties. 16
(4) An eligible transaction that is a comprehensive home building 17
contract to have a home built qualifies for the first home owner 18
boost for new homes if: 19
(a) the contract is made on or after 14 October 2008 and on or 20
before 30 June 2009, and 21
(b) the laying of the foundations for the home begins within 22
26 weeks after the contract is made, or any longer period 23
the Chief Commissioner may allow for delay caused by 24
circumstances beyond the control of the parties, and 25
(c) the building work is completed within 18 months after the 26
date the laying of the foundations for the home begins, or 27
is completed within such longer period as the Chief 28
Commissioner may allow for delay caused by 29
circumstances beyond the control of the parties. 30
(5) An eligible transaction that is the building of a home by an owner 31
builder qualifies for the first home owner boost for new homes if: 32
(a) the commencement date of the eligible transaction is on or 33
after 14 October 2008 and on or before 30 June 2009, and 34
(b) the transaction is completed within 18 months of the 35
commencement date, or is completed within such longer 36
period as the Chief Commissioner may allow for delay 37
caused by circumstances beyond the control of the owner 38
builder. 39
Page 10
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of First Home Owner Grant Act 2000 No 21 Schedule 2
(6) However, an eligible transaction that is a contract does not 1
qualify for the first home owner boost for new homes if the Chief 2
Commissioner is satisfied that: 3
(a) the contract replaces a contract made before 14 October 4
2008, and 5
(b) the replaced contract was a contract for the purchase of the 6
same home or a comprehensive home building contract to 7
build the same or a substantially similar home. 8
(7) In this section: 9
contract for an "off-the-plan" purchase, of a new home, means 10
a contract for the purchase of the home on a proposed lot in an 11
unregistered plan of subdivision of land. 12
new home means a home that has not been previously occupied 13
or sold as a place of residence, and includes a substantially 14
renovated home and a home built to replace demolished 15
premises. 16
(8) For the purposes of this section, a home is a substantially 17
renovated home if: 18
(a) the sale of the home is, under the A New Tax System 19
(Goods and Services Tax) Act 1999 of the Commonwealth, 20
a taxable supply as a sale of new residential premises 21
within the meaning of section 40-75 (1) (b) of that Act, and 22
(b) the home, as renovated, has not been previously occupied 23
or sold as a place of residence. 24
(9) For the purposes of this section, a home is a home built to replace 25
demolished premises if: 26
(a) for an eligible transaction that is a contract for the purchase 27
of a home--the sale of the home is, under the A New Tax 28
System (Goods and Services Tax) Act 1999 of the 29
Commonwealth, a taxable supply as a sale of new 30
residential premises within the meaning of section 40-75 31
(1) (c) of that Act, and 32
(b) for an eligible transaction that is a comprehensive home 33
building contract to have a home built or the building of a 34
home by an owner builder--the home is, under the A New 35
Tax System (Goods and Services Tax) Act 1999 of the 36
Commonwealth, new residential premises within the 37
meaning of section 40-75 (1) (c) of that Act, and 38
(c) the home, as built to replace the demolished premises, has 39
not been previously occupied or sold as a place of 40
residence, and 41
Page 11
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 2 Amendment of First Home Owner Grant Act 2000 No 21
(d) the owner of the home did not occupy the demolished 1
premises as a place of residence before they were 2
demolished. 3
18B First home owner boost for established homes 4
(1) For the purposes of this Act, an eligible transaction qualifies for 5
the first home owner boost for established homes if: 6
(a) the eligible transaction is a contract for the purchase of a 7
home, and 8
(b) the home is not a new home (within the meaning of section 9
18A), and 10
(c) the contract is made on or after 14 October 2008 and on or 11
before 30 June 2009. 12
(2) However, an eligible transaction that is a contract for the 13
purchase of a home does not qualify for the first home owner 14
boost for established homes if the Chief Commissioner is 15
satisfied that: 16
(a) the contract replaces a contract made before 14 October 17
2008, and 18
(b) the replaced contract was a contract for the purchase of the 19
same home. 20
18C NSW new home buyers supplement 21
(1) For the purposes of this Act, an eligible transaction qualifies for 22
the NSW new home buyers supplement if it qualifies for the 23
NSW new home buyers supplement under this section. 24
(2) An eligible transaction that is a contract for the purchase of a new 25
home (other than a contract for an "off-the-plan" purchase of a 26
new home) qualifies for the NSW new home buyers supplement 27
if the contract is made on or after 11 November 2008 and on or 28
before 10 November 2009. 29
(3) An eligible transaction that is a contract for an "off-the-plan" 30
purchase of a new home qualifies for the NSW new home buyers 31
supplement if: 32
(a) the contract is made on or after 11 November 2008 and on 33
or before 10 November 2009, and 34
(b) the contract states that the eligible transaction must be 35
completed on or before 10 May 2011 or, in any other case, 36
the eligible transaction is completed on or before 10 May 37
2011 or by such later date as the Chief Commissioner may 38
Page 12
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of First Home Owner Grant Act 2000 No 21 Schedule 2
allow for delay caused by circumstances beyond the 1
control of the parties. 2
(4) An eligible transaction that is a comprehensive home building 3
contract to have a home built qualifies for the NSW new home 4
buyers supplement if: 5
(a) the contract is made on or after 11 November 2008 and on 6
or before 10 November 2009, and 7
(b) the laying of the foundations for the home begins within 8
26 weeks after the contract is made, or any longer period 9
the Chief Commissioner may allow for delay caused by 10
circumstances beyond the control of the parties, and 11
(c) the building work is completed within 18 months after the 12
date the laying of the foundations for the home begins, or 13
is completed within such longer period as the Chief 14
Commissioner may allow for delay caused by 15
circumstances beyond the control of the parties. 16
(5) An eligible transaction that is the building of a home by an owner 17
builder qualifies for the NSW new home buyers supplement if: 18
(a) the commencement date of the eligible transaction is on or 19
after 11 November 2008 and on or before 10 November 20
2009, and 21
(b) the transaction is completed within 18 months of the 22
commencement date, or is completed within such longer 23
period as the Chief Commissioner may allow for delay 24
caused by circumstances beyond the control of the owner 25
builder. 26
(6) However, an eligible transaction that is a contract does not 27
qualify for the NSW new home buyers supplement if the Chief 28
Commissioner is satisfied that: 29
(a) the contract replaces a contract made before 11 November 30
2008, and 31
(b) the replaced contract was a contract for the purchase of the 32
same home or a comprehensive home building contract to 33
build the same or a substantially similar home. 34
(7) In this section: 35
contract for an "off-the-plan" purchase, of a new home, means 36
a contract for the purchase of the home on a proposed lot in an 37
unregistered plan of subdivision of land. 38
new home has the same meaning as it has in section 18A. 39
Page 13
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 2 Amendment of First Home Owner Grant Act 2000 No 21
[3] Section 21 Imposition of conditions by Chief Commissioner 1
Inset "or a part of the grant" after "repay the grant" in section 21 (2) (b). 2
[4] Schedule 1 Savings, transitional and other provisions 3
Insert at the end of clause 1 (1): 4
State Revenue and Other Legislation Amendment (Budget 5
Measures) Act 2008 6
[5] Schedule 1, Part 7 7
Insert after Part 6: 8
Part 7 Provisions consequent on enactment of 9
State Revenue and Other Legislation 10
Amendment (Budget Measures) Act 2008 11
11 Effective date of amendments 12
The amendments made to this Act by the State Revenue and 13
Other Legislation Amendment (Budget Measures) Act 2008 are 14
taken to have effect from 14 October 2008. 15
12 Saving of effect of repealed provisions 16
The provisions of this Act with regard to special eligible 17
transactions that had effect immediately before their repeal by the 18
State Revenue and Other Legislation Amendment (Budget 19
Measures) Act 2008 continue to have effect in respect of anything 20
done or omitted to be done before that repeal, as if they had not 21
been repealed. 22
Explanatory note 23
The proposed amendments provide for an increase in the amount of the first home 24
owner grant in respect of certain eligible transactions. The standard amount of the first 25
home owner grant is $7,000 (or the consideration payable in respect of the purchase 26
or construction of a first home, if that amount is less than $7,000). Under the 27
amendments set out in item [2], additional amounts may be paid under 2 separate 28
schemes. 29
Under the first scheme (known as the first home owner boost), an additional amount of 30
$7,000 may be paid for the purchase of an established home or $14,000 for the 31
purchase or construction of a new home. Accordingly, for transactions that qualify for 32
the first home owner boost, the first home owner grant will be a maximum of $14,000 33
for the purchase of an established home or $21,000 for the purchase or construction of 34
a new home. To be eligible for the first home owner boost, the contract concerned must 35
be entered into on or after 14 October 2008 and on or before 30 June 2009. In the case 36
of a home being built by an owner builder, the building work must commence on or after 37
14 October 2008 and on or before 30 June 2009. There are also requirements for the 38
completion of construction works. 39
Page 14
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of First Home Owner Grant Act 2000 No 21 Schedule 2
Under the second scheme (known as the NSW new home buyers supplement), an 1
additional amount of $3,000 may be paid for the purchase or construction of a new 2
home. Accordingly, for transactions that qualify for both the first home owner boost for 3
new homes and the NSW new home buyers supplement, the first home owner grant 4
will be a maximum of $24,000. If the transaction qualifies only for the NSW new home 5
buyers supplement, the maximum amount of the grant will be $10,000. To be eligible 6
for the NSW new home buyers supplement, the contract concerned must be entered 7
into on or after 11 November 2008 and on or before 10 November 2009. In the case of 8
a home being built by an owner builder, the building work must commence on or after 9
11 November 2008 and on or before 10 November 2009. There are also requirements 10
for the completion of construction works. 11
If a transaction does not qualify for either the first home owner boost or the NSW new 12
home buyers supplement, the maximum amount of the grant will remain at $7,000. 13
Item [1] repeals a provision of the Act relating to special eligible transactions that is now 14
spent. 15
Item [3] enables the Chief Commissioner of State Revenue to impose conditions on the 16
payment of a first home owner grant requiring the repayment of an amount paid as a 17
first home owner boost or NSW new home buyers supplement if eligibility requirements 18
for the first home owner boost or NSW new home buyers supplement are not complied 19
with. 20
Item [4] enables savings and transitional regulations to be made as a consequence of 21
the amendments. 22
Item [5] provides for the amendments to have effect from 14 October 2008. It also 23
provides for the saving of the operation of provisions of the Act relating to special 24
eligible transactions which are repealed by the new provisions. 25
Page 15
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 3 Amendment of land tax legislation
Schedule 3 Amendment of land tax legislation 1
(Section 3) 2
3.1 Land Tax Act 1956 No 27 3
[1] Section 2A Definitions 4
Insert in alphabetical order: 5
non-concessional company means a company classified as a 6
non-concessional company under section 29 of the Principal Act. 7
premium rate threshold, in relation to a land tax year, means the 8
premium rate threshold for that land tax year as determined in 9
accordance with section 62TBC of the Principal Act. 10
[2] Section 3AK Levy of land tax after 31 December 2007 and before 11
31 December 2008 12
Omit "31 December in any year (commencing with 2007)" from section 13
3AK (1) and (2), wherever occurring. 14
Insert instead "31 December 2007". 15
[3] Section 3AL 16
Insert after section 3AK: 17
3AL Levy of land tax after 31 December 2008 18
(1) In respect of the taxable value of all the land owned by any person 19
at midnight on 31 December in any year (commencing with 20
2008) there is to be charged, levied, collected and paid under the 21
provisions of the Principal Act and in the manner prescribed 22
under that Act, land tax for the period of 12 months commencing 23
on 1 January in the next succeeding year and at the applicable 24
rate. 25
(2) For the purposes of this section, the applicable rate is: 26
(a) the rate of land tax payable as specified in Part 1 of 27
Schedule 13, except as provided for by paragraphs (b), (c) 28
and (d), or 29
(b) if the land is subject to a special trust--the rate of land tax 30
payable as specified in Part 2 of Schedule 13, or 31
(c) if the owner of the land is a non-concessional company and 32
the taxable value of group land holdings of the 33
non-concessional company does not exceed the premium 34
rate threshold--the rate of land tax payable as specified in 35
Part 3 of Schedule 13, or 36
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of land tax legislation Schedule 3
(d) if the owner of the land is a non-concessional company and 1
the taxable value of group land holdings of the 2
non-concessional company exceeds the premium rate 3
threshold--the rate of land tax payable as specified in 4
Part 4 of Schedule 13. 5
(3) For the purposes of this section: 6
(a) a reference to group land holdings of a non-concessional 7
company is a reference to all land owned (whether jointly 8
or severally) by members of the group of which the 9
non-concessional company is a member on which land tax 10
is payable, and 11
(b) a reference to a group is a reference to a group within the 12
meaning of section 29 (7) of the Principal Act. 13
(4) This section is subject to section 27 (2A) of the Principal Act 14
(which relates to the assessment of land that is the subject of a 15
special trust or that is jointly owned by a non-concessional 16
company). 17
(5) If the total amount of land tax payable pursuant to this section by 18
any person in any year would, but for this subsection, be less than 19
$100, no land tax is payable. 20
[4] Schedule 13 21
Insert after Schedule 12: 22
Schedule 13 Tax rates from 2009 land tax year 23
(Section 3AL) 24
Part 1 General rate (where tax threshold applies) 25
Taxable value assessed under Rate of land tax payable
Principal Act
is not more than the tax threshold nil
is more than the tax threshold but not $100 plus 1.6 per cent of the amount by
more than the premium rate threshold which the taxable value exceeds the tax
threshold
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State Revenue and Other Legislation Amendment (Budget Measures)
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Schedule 3 Amendment of land tax legislation
Taxable value assessed under Rate of land tax payable
Principal Act
is more than the premium rate threshold $100 plus:
(a) 1.6 per cent of the amount by
which premium rate threshold
exceeds the tax threshold, and
(b) 2 per cent of the amount by which
the taxable value exceeds the
premium rate threshold
Part 2 Land subject to special trust 1
Taxable value assessed under Rate of land tax payable
Principal Act
is not more than the premium rate 1.6 per cent of the taxable value
threshold
is more than the premium rate threshold 1.6 per cent of the premium rate
threshold, plus 2 per cent of the amount
by which the taxable value exceeds the
premium rate threshold
Part 3 Land owned by non-concessional 2
company (group land holdings not 3
exceeding premium rate threshold) 4
Taxable value assessed under Rate of land tax payable
Principal Act
is any amount 1.6 per cent of the taxable value
Part 4 Land owned by non-concessional 5
company (group land holdings exceeding 6
premium rate threshold) 7
Taxable value assessed under Rate of land tax payable
Principal Act
is any amount 2 per cent of the taxable value
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State Revenue and Other Legislation Amendment (Budget Measures)
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Amendment of land tax legislation Schedule 3
Explanatory note 1
Items [3] and [4] of the proposed amendments in Schedule 3.1 introduce a new rate of 2
land tax, which will be applicable to land holdings with a taxable value in excess of a 3
premium rate threshold. The changes apply to the 2009 land tax year and subsequent 4
land tax years.The new premium rate of land tax is 2 per cent, and will apply only in 5
respect of the amount by which the taxable value of the land holdings of a landholder 6
exceeds the premium rate threshold. The existing rate of 1.6 per cent will continue to 7
apply to so much of the taxable value of the land that does not exceed the premium 8
rate threshold but does exceed the tax threshold (if applicable to the landholder). In the 9
case of land that is the subject of a special trust, the existing rate of 1.6 per cent will 10
apply to land holdings with a taxable value not exceeding the premium rate threshold 11
and the premium rate will apply to land holdings with a taxable value exceeding that 12
threshold. If the land is owned by a non-concessional company, land tax will be levied 13
at a flat rate of 1.6 per cent of the taxable value of the land (if the total taxable value of 14
all land holdings of the group of which the non-concessional company is a member do 15
not exceed the premium rate threshold) or at 2 per cent of the taxable value of the land 16
(if the total taxable value of all land holdings of the group of which the non-concessional 17
company is a member exceeds the premium rate threshold). 18
Item [1] of the amendments provides for a definition of premium rate threshold. Under 19
amendments to the Land Tax Management Act 1956 the premium rate threshold is 20
initially set at $2,250,000 (for the 2009 land tax year) and after that it will be indexed 21
annually in accordance with movements in the tax threshold. It also provides for a 22
definition of non-concessional company, by reference to section 29 of the Land Tax 23
Management Act 1956. 24
Item [2] of the amendments is a consequential amendment. 25
3.2 Land Tax Management Act 1956 No 26 26
[1] Section 29 Related companies 27
Insert after section 29 (6): 28
(7) If a company is classified as a non-concessional company, the 29
company, and each of the companies that are related to it, are 30
members of the same group. 31
[2] Part 7, Division 4A, heading 32
Insert "and premium rate threshold" after "Tax threshold". 33
[3] Section 62TBA Tax threshold--2006 land tax year and subsequent land 34
tax years 35
Insert "(with an amount of $500 rounded up)" after "$1,000" in section 36
62TBA (6). 37
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Schedule 3 Amendment of land tax legislation
[4] Section 62TBC 1
Insert after section 62TBB: 2
62TBC Premium rate threshold--2009 land tax year and subsequent land 3
tax years 4
(1) The premium rate threshold for the 2009 land tax year is 5
$2,250,000. 6
(2) The premium rate threshold for the 2010 land tax year and any 7
subsequent land tax year is to be calculated in accordance with 8
the following formula: 9
T×P
------------
-
B
where: 10
T is the tax threshold for the land tax year for which the premium 11
rate threshold is being calculated, as determined under section 12
62TBA. 13
B is the tax threshold for the land tax year preceding the land tax 14
year for which the premium rate threshold is being calculated, as 15
determined under section 62TBA. 16
P is the premium rate threshold for the land tax year preceding the 17
land tax year for which the premium rate threshold is being 18
calculated. 19
(3) A premium rate threshold determined in accordance with this 20
section is to be rounded off to the nearest $1,000 (with an amount 21
of $500 rounded up). 22
(4) On or before 15 October in each year (commencing with 2009), 23
the Valuer-General is to publish in the Gazette the premium rate 24
threshold for the following land tax year, calculated in 25
accordance with this section. 26
[5] Schedule 2 Savings and transitional provisions 27
Insert at the end of clause 1A (1): 28
State Revenue and Other Legislation Amendment (Budget 29
Measures) Act 2008 30
Explanatory note 31
Item [4] of the amendments to the Land Tax Management Act 1956 in Schedule 3.2 32
provides for the initial determination, and subsequent indexation, of the new premium 33
rate threshold (the threshold at which a higher rate of land tax applies). The premium 34
rate threshold is $2,250,000 for the 2009 land tax year. After that, it will be indexed in 35
accordance with movements in the tax threshold. 36
Item [2] is a consequential amendment. 37
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State Revenue and Other Legislation Amendment (Budget Measures)
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Amendment of land tax legislation Schedule 3
Item [1] provides for a definition of "group" for the purpose of determining the land tax 1
rate applicable to a non-concessional company. Companies are members of a group if 2
they are related to each other under section 29 of the Land Tax Management Act 1956. 3
Item [3] makes further provision for the rounding of indexed amounts. 4
Item [5] enables savings and transitional regulations to be made as a consequence of 5
the amendments. 6
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 4 Amendment of children's services legislation
Schedule 4 Amendment of children's services 1
legislation 2
(Section 3) 3
4.1 Children and Young Persons (Care and Protection) Act 1998 4
No 157 5
[1] Section 220 Regulations 6
Omit section 220 (b). 7
[2] Section 220 (r) 8
Insert after section 220 (q): 9
Fees 10
(r) the charging of fees in connection with the 11
administration of the licensing scheme under this 12
Chapter (including the waiver, reduction, deferral 13
and refund of any such fees). 14
[3] Section 220B Regulations for or with respect to out of school hours care 15
services 16
Omit section 220B (f), (j) and (s). 17
[4] Section 220B (zc) 18
Insert after section 220B (zb): 19
Fees 20
(zc) the charging of fees in connection with the 21
administration of the registration scheme under this 22
Chapter (including the waiver, reduction, deferral 23
and refund of any such fees). 24
Explanatory note 25
The proposed amendments provide regulation-making power for: 26
(a) the charging of fees in connection with the administration of the children's 27
service licensing scheme under Chapter 12 of the Children and Young Persons 28
(Care and Protection) Act 1998 (the Act) (including the waiver, reduction, 29
deferral and refund of any such fees), and 30
(b) the charging of fees in connection with the administration of the out of school 31
hours care services registration scheme under Chapter 12A of the Act 32
(including the waiver, reduction, deferral and refund of any such fees). 33
The proposed amendments also consequentially repeal existing regulation-making 34
powers relating to fees for probity checks under Chapter 12 of the Act and applications 35
for registration and variation, suspension and revocation of registration under Chapter 36
12A of the Act. 37
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of children's services legislation Schedule 4
4.2 Children and Young Persons (Care and Protection--Child 1
Employment) Regulation 2005 2
[1] Clause 8 Applications for authorities and exemptions (clause 1 of 3
Schedule 2) 4
Omit "$1,100" from clause 8 (1) (a). Insert instead "$2,200". 5
[2] Clause 8 (1) (b) 6
Omit "$550". Insert instead "$1,100". 7
[3] Clause 8 (1) (c) 8
Omit "$484". Insert instead "$968". 9
Explanatory note 10
The proposed amendments increase fees for an application for an employer's authority 11
or for an exemption from the requirement to hold such an authority, so that the fees 12
apply on a cost recovery basis. The fees relate to applications to employ (within the 13
meaning of section 221 of the Children and Young Persons (Care and Protection) Act 14
1998 (the Act)) children in: 15
(a) entertainment, exhibitions, performances or door-to-door sales, as referred to in 16
section 223 (1) of the Act, and 17
(b) still photographic sessions, as referred to in clause 5 of the Children and Young 18
Persons (Care and Protection--Child Employment) Regulation 2005. 19
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Bill 2008
Schedule 5 Amendment of Civil Procedure Regulation 2005
Schedule 5 Amendment of Civil Procedure 1
Regulation 2005 2
(Section 3) 3
[1] Clause 18 4
Insert after clause 17: 5
18 Hearing fees for Supreme Court proceedings 6
An amendment made by the State Revenue and Other Legislation 7
Amendment (Budget Measures) Act 2008 to a fee payable under 8
Part 1 of Schedule 1 does not apply to proceedings the hearing of 9
which commenced before 1 January 2009. 10
[2] Schedule 1 Court fees 11
Omit "11th" from items 14 and 15 in Column 1 of Part 1 wherever occurring. 12
Insert instead "2nd". 13
[3] Schedule 1, Part 1 14
Omit "$255" and "$510" from Column 2 and Column 3 respectively in the 15
matter relating to item 14. 16
Insert instead "$345" and "$690", respectively. 17
[4] Schedule 1, Part 1 18
Omit "$230" and "$460" from Column 2 and Column 3 respectively in the 19
matter relating to item 15. 20
Insert instead "$311" and "$622", respectively. 21
Explanatory note 22
Currently, parties to civil proceedings in the Supreme Court are required to pay a fee 23
for each half day of a hearing after the 10th day of the hearing. Item [2] of the proposed 24
amendments provides that those fees are now payable from the second day of the 25
hearing. 26
Item [3] of the proposed amendments increases the fees payable for each half day of 27
a hearing of proceedings by one or more judges from $255 to $345 for an individual 28
and from $510 to $690 for a corporation. 29
Item [4] of the proposed amendments increases the fees payable for each half day of 30
a hearing of proceedings by an associate judge from $230 to $311 for an individual and 31
from $460 to $622 for a corporation. 32
Item [1] of the proposed amendments is a transitional provision. 33
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of emergency services legislation Schedule 6
Schedule 6 Amendment of emergency services 1
legislation 2
(Section 3) 3
6.1 Fire Brigades Act 1989 No 192 4
[1] Section 44 Definitions 5
Insert in alphabetical order in section 44 (1): 6
fire brigades expenditure, in relation to a specified period, means 7
the aggregate of: 8
(a) recurrent expenditure incurred during the period for fire 9
brigades, and 10
(b) capital expenditure incurred during the period for fire 11
brigades, and 12
(c) recurrent expenditure incurred during the period in respect 13
of the administrative costs of the Department or the 14
Minister under the authority of this Act. 15
Fund means the New South Wales Fire Brigades Fund 16
constituted under section 64. 17
[2] Section 44 (2) 18
Omit the subsection. 19
[3] Sections 45-48 20
Omit sections 45-49. Insert instead: 21
45 Estimate to be prepared by Minister 22
(1) The Minister must, before or as soon as practicable after the end 23
of a financial year, prepare and: 24
(a) subject to the concurrence of the Treasurer, adopt an 25
estimate of the probable fire brigades expenditure, and 26
(b) adopt an estimate of the parts of such expenditure 27
applicable to each fire district, 28
for the next financial year. 29
(2) In determining the part of fire brigades capital expenditure 30
applicable to each fire district, the Minister may apply such 31
proportion of the total estimated capital expenditure to each fire 32
district as the Minister thinks fit. 33
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 6 Amendment of emergency services legislation
(3) Before preparing the estimate, the Minister is to consider the 1
report and recommendation of the Commissioner in respect of the 2
matters referred to in subsection (1). 3
(4) The total amount required to be contributed under this Part for a 4
financial year is the amount of the estimate of the probable fire 5
brigades expenditure, subject to this Part. 6
46 Contributions due and payable within 60 days of assessment 7
(1) Contributions payable under this Part are due and payable on 8
assessment by the Minister and any such contribution not paid 9
within 60 days of the date of assessment shown on the assessment 10
notice is, unless the Minister otherwise determines, to be 11
increased by 10% of the amount of the contribution payable. 12
(2) Contributions or any part of contributions not paid by any 13
insurance company or council within 90 days of the date of 14
assessment and all penalties incurred in respect of failure to pay 15
any contribution constitute a debt due and payable to the Minister 16
and are recoverable in any court of competent jurisdiction by the 17
Minister. 18
47 Times for instalment payments 19
The contributions payable under this Part (including advance 20
payments) are to be paid on or before 1 July, 1 October, 1 January 21
and 1 April in each financial year, or on or before such other days 22
as the Commissioner may direct and notify to the contributors 23
concerned. 24
48 Deficits and excesses in contributions 25
(1) If, in any financial year, the amount received by the Minister 26
from contributions under this Part falls short of the expenditure 27
based on the estimate for that financial year, the deficit is to be 28
added to the estimate of expenditure for the following year and 29
the contributions are to be increased accordingly. 30
(2) If the amount received by the Minister in any financial year, from 31
contributions under this Part exceeds the expenditure based on 32
the estimate for that financial year, then the excess is to be treated 33
as a credit in favour of the estimated income of the following year 34
and the contributions reduced accordingly. 35
(3) For the purposes of this section any deficit or excess in respect of 36
any financial year is to be the deficit or excess as certified by the 37
Auditor-General. 38
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State Revenue and Other Legislation Amendment (Budget Measures)
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Amendment of emergency services legislation Schedule 6
[4] Part 5 Contribution to fire brigade costs 1
Insert before Division 2: 2
Division 1A Contributions by Treasurer 3
49A Contributions by Treasurer 4
(1) Of the amount required to be contributed to the Fund under this 5
Part, the Treasurer must contribute 14.6%. 6
(2) The Treasurer may, in addition to the contribution to the Fund 7
under subsection (1), from time to time advance such money to 8
the Fund subject to such terms and conditions as the Treasurer 9
may determine. 10
(3) Any money payable by the Treasurer under this section is to be 11
paid out of money provided by Parliament. 12
[5] Section 50 Contributions required from councils 13
Omit "12.3 per cent" wherever occurring. Insert instead "11.7%". 14
[6] Section 55 Advance payment by insurance companies 15
Omit "Commissioner" from section 55 (2) and (3) wherever occurring. 16
Insert instead "Minister". 17
[7] Section 58 Returns by insurance companies 18
Omit "prescribed form" from section 58 (2). 19
Insert instead "form approved by the Commissioner". 20
[8] Section 58 (5) 21
Omit "5 penalty units". 22
Insert instead "1 penalty unit for each day the default continues". 23
[9] Section 61A Transitional arrangement--special returns by insurance 24
companies (and by certain property owners) for 6 month period ending 25
30 June 1993 26
Omit the section. 27
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 6 Amendment of emergency services legislation
[10] Section 64 1
Omit the section. Insert instead: 2
64 New South Wales Fire Brigades Fund 3
(1) There is to be established in the Special Deposits Account in the 4
Treasury a New South Wales Fire Brigades Fund into which are 5
to be paid all contributions and other money received under this 6
Part. 7
(2) There is payable from the Fund: 8
(a) money to assist in meeting the costs of fire brigades 9
expenditure, and 10
(b) all money directed to be paid from the Fund by or under 11
this or any other Act. 12
[11] Schedule 4 Savings and transitional provisions 13
Insert at the end of clause 2 (1): 14
State Revenue and Other Legislation Amendment (Budget 15
Measures) Act 2008, but only to the extent that it amends this Act 16
Explanatory note 17
Schedule 6.1 amends the Fire Brigades Act 1989 (the FB Act) to make the existing 18
scheme for contributions to the recurrent and capital expenditure requirements of fire 19
brigades generally consistent with the proposed scheme for the State Emergency 20
Service and the existing scheme for rural fire brigades. 21
Item [1] amends section 44 of the FB Act to insert definitions of fire brigades 22
expenditure and Fund. 23
Item [3] repeals sections 45-49 from, and inserts proposed sections 45-48 into, the FB 24
Act. The new provisions replace the existing general provisions relating to estimates of 25
expenditure to be covered by contributions and payment of contributions. They remove 26
the existing requirement for the Treasurer's concurrence to the Minister's estimate of 27
the expenditure that is applicable to fire districts (see proposed section 45). The 28
amount of contributions is to be the amount determined by the Minister. Proposed 29
sections 46 and 47 contain provisions relating to the assessment and time for payment 30
of instalments. The current adjustment provisions are omitted and replaced by 31
proposed section 48 which provides for shortfalls in contributions to expenditure 32
requirements to be covered by subsequent increased contributions and for excess 33
contributions to be allocated to the payment of subsequent years' expenditure. Item [2] 34
makes a consequential amendment. 35
Item [4] inserts proposed Division 1A of Part 5 (proposed section 49) into the FB Act to 36
require the Treasurer to contribute 14.6% of the required contributions for fire brigades 37
expenditure. 38
Item [5] amends section 50 of the FB Act to reduce the contributions of councils to fire 39
districts' expenditure from 12.3% to 11.7%. 40
Item [6] amends section 55 of the FB Act to confer on the Minister (rather than the 41
Commissioner) the power to fix the percentage of premiums on which advance 42
payments of contributions by insurance companies are to be based. This amendment 43
is consistent with the corresponding provisions of the Rural Fires Act 1997. 44
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of emergency services legislation Schedule 6
Item [7] amends section 58 of the FB Act to enable the form of auditor's certificate as 1
to a return by an insurance company about insurance premiums to be approved by the 2
Commissioner rather than prescribed by the regulations.This amendment is consistent 3
with the corresponding provisions of the Rural Fires Act 1997. 4
Item [8] amends section 58 of the FB Act to change the penalty for the offence of an 5
insurance company failing to lodge a return as to insurance premiums or to notify a 6
cessation of notifiable premiums from a maximum penalty of 5 penalty units to a 7
maximum daily penalty of 1 penalty unit. 8
Item [9] omits a spent transitional provision. 9
Item [10] substitutes section 64 of the FB Act to establish the New South Wales Fire 10
Brigades Fund. Contributions for fire brigades expenditure are to be paid into the Fund, 11
which is to be used to assist in meeting the costs of fire brigades expenditure. 12
Item [11] amends Schedule 4 to the FB Act to enable regulations containing savings or 13
transitional provisions to be made consequent on the amendment of the FB Act by the 14
proposed Act. 15
6.2 Rural Fires Act 1997 No 65 16
[1] Section 101 Definitions 17
Insert at the end of paragraph (b) of the definition of rural fire brigade 18
expenditure: 19
, and 20
(c) capital expenditure incurred during the period in the 21
exercise of the Commissioner's functions under this Act. 22
[2] Section 102 New South Wales Rural Fire Fighting Fund 23
Omit section 102 (3) and (4). 24
[3] Section 103 Estimate to be prepared by Minister 25
Omit ", subject to the concurrence of the Treasurer, adopt" from section 26
103 (1). 27
[4] Section 103 (1) (a) 28
Insert "subject to the concurrence of the Treasurer, adopt" before "an 29
estimate". 30
[5] Section 103 (1) (b) 31
Insert "adopt" before "an estimate". 32
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State Revenue and Other Legislation Amendment (Budget Measures)
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Schedule 6 Amendment of emergency services legislation
[6] Section 103 (3) 1
Insert after section 103 (2): 2
(3) In determining the part of rural fire brigade capital expenditure 3
applicable to a council, the Minister may apply such proportion 4
of the total estimated capital expenditure to each council as the 5
Minister thinks fit. 6
[7] Section 108 Contributions by Treasurer 7
Omit "13%" from section 108 (1). Insert instead "14.6%". 8
[8] Section 109 Contributions required from councils 9
Omit "13.3%" from section 109 (1). Insert instead "11.7%". 10
[9] Section 109A 11
Insert after section 109: 12
109A Advance contribution payment by councils 13
(1) If the amount required to be contributed by a local government 14
area has not been finally determined by 1 July in any financial 15
year, the council concerned must make an advance contribution 16
payment to the Commissioner pending the making of an estimate 17
for that financial year for all councils. 18
(2) The advance contribution payment is to be an amount determined 19
by the Commissioner. 20
(3) When the estimates for all councils are determined, the required 21
contribution for the financial year is to be adjusted by the 22
Commissioner having regard to the amount of the advance 23
contribution payment. 24
[10] Section 116 Returns by insurance companies 25
Omit "10 penalty units" from section 116 (4). Insert instead "20 penalty units". 26
[11] Section 117 Audit of accounts of insurance companies 27
Omit "5 penalty units" from section 117 (4). Insert instead "50 penalty units". 28
[12] Section 117A 29
Insert after section 117: 30
117A Returns by owners of property 31
(1) If an insurance company not authorised under a law of the 32
Commonwealth or of a State or Territory to carry on insurance 33
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of emergency services legislation Schedule 6
business holds a risk in respect of property within an area to 1
which this Act applies, the owner of the property must during 2
September in each year, or at such other time as the 3
Commissioner may direct and notify in the Gazette, furnish a 4
return to the Commissioner. 5
(2) The return must show the amount of the premiums paid by the 6
owner in respect of the property to the company during the 7
previous financial year or such other period as the Commissioner 8
may direct. 9
(3) A person who fails to lodge a return as required by this section is 10
guilty of an offence. 11
Maximum penalty: 20 penalty units. 12
[13] Section 118A 13
Insert after section 118: 14
118A Management of unspent funds 15
Any money remaining to the credit of the Service at the end of a 16
financial year, other than money that is required to be paid to the 17
credit of the Fund, is to be paid into the Service's operating 18
account. 19
[14] Section 121 Distribution of annual report 20
Omit the section. 21
[15] Schedule 3 Savings, transitional and other provisions 22
Insert at the end of clause 1 (1): 23
State Revenue and Other Legislation Amendment (Budget 24
Measures) Act 2008, but only to the extent that it amends this Act 25
Explanatory note 26
Schedule 6.2 amends the Rural Fires Act 1997 (the RF Act) to make the existing 27
scheme for contributions to the recurrent expenditure requirements of rural fire 28
brigades consistent with the proposed scheme for the State Emergency Service 29
(contained elsewhere in the proposed Act) and makes other amendments. 30
Item [1] amends section 101 of the RF Act to include capital expenditure in the 31
expenditure to be met by the contributions scheme. This amendment is consistent with 32
the proposed scheme for the State Emergency Service. Item [5] makes a 33
consequential amendment. 34
Item [2] amends section 102 of the RF Act to remove limitations relating to the quantum 35
of Ministerial expenditure that may be paid under the contributions scheme. 36
Items [3]-[5] amend section 103 of the RF Act to remove the requirement for the 37
Treasurer's concurrence to the Minister's estimate of the expenditure that is applicable 38
to council areas. 39
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 6 Amendment of emergency services legislation
Item [6] amends section 103 of the RF Act to enable the Minister to apportion 1
expenditure applicable to each council, as the Minister thinks fit, for the purposes of 2
determining contributions. 3
Item [7] amends section 108 of the RF Act to increase the required contribution of the 4
Treasurer to rural fire brigade expenditure from 13% to 14.6%. 5
Item [8] amends section 109 of the RF Act to reduce the required contribution of 6
councils to rural fire brigade expenditure for their areas from 13.3% to 11.7%. 7
Item [9] inserts proposed section 109A into the RF Act. The proposed section requires 8
councils to make advance payments of contributions, as determined by the 9
Commissioner of the NSW Rural Fire Service, if the amount of the councils' 10
contributions are not finally determined by 1 July in any financial year. This amendment 11
is consistent with the corresponding provisions of the Fire Brigades Act 1989. 12
Item [10] amends section 116 of the RF Act to change the penalty for the offence of an 13
insurance company lodging a return as to insurance premiums that is false or 14
misleading in a material particular from a maximum penalty of 10 penalty units to a 15
maximum penalty of 20 penalty units. This amendment is consistent with the 16
corresponding provisions of the Fire Brigades Act 1989. 17
Item [11] amends section 117 of the RF Act to change the penalty for offences relating 18
to the audit of accounts of insurance companies from a maximum penalty of 5 penalty 19
units to a maximum penalty of 50 penalty units. This amendment is consistent with the 20
corresponding provisions of the Fire Brigades Act 1989. 21
Item [12] inserts proposed section 117A into the RF Act. The proposed section requires 22
returns to be lodged as to premiums by property owners who are insured by 23
non-regulated insurers. This amendment is consistent with the corresponding 24
provisions of the Fire Brigades Act 1989. 25
Item [13] inserts proposed section 118A into the RF Act. The proposed section requires 26
money remaining to the credit of the NSW Rural Fire Service at the end of a financial 27
year (other than money required to be paid to the New South Wales Rural Fire Fighting 28
Fund) to be paid to the Service's operating fund. This amendment is consistent with the 29
corresponding provisions of the Fire Brigades Act 1989. 30
Item [14] omits a provision relating to the distribution of annual reports of the New South 31
Wales Rural Fire Fighting Fund. 32
Item [15] amends Schedule 3 to the RF Act to enable regulations containing savings or 33
transitional provisions to be made consequent on the amendment of the RF Act by the 34
proposed Act. 35
6.3 State Emergency Service Act 1989 No 164 36
[1] Part 5A 37
Insert after Part 5: 38
Part 5A State Emergency Service Fund 39
Note. This Part requires local government councils and insurance companies to 40
contribute, along with the State Government, to the costs of State Emergency Service 41
expenditure. The total amount required to be contributed is based on estimated State 42
Emergency Service expenditure. 43
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Amendment of emergency services legislation Schedule 6
Division 1 Preliminary 1
24A Definitions 2
In this Part: 3
Fund means the State Emergency Service Fund established 4
under section 24B. 5
insurance company means any body corporate, partnership, 6
association, underwriter or person that or who: 7
(a) issues or undertakes liability under policies of insurance 8
against loss of or damage to any property situated in New 9
South Wales, or 10
(b) receives premiums in respect of such policies of insurance 11
on behalf of or for transmission to any body corporate, 12
partnership, association, underwriter or person outside 13
New South Wales. 14
State Emergency Service expenditure, in relation to a specified 15
period, means the aggregate of: 16
(a) recurrent expenditure incurred during the period in the 17
exercise of the State Emergency Service's functions under 18
this Act, and 19
(b) capital expenditure incurred during the period in the 20
exercise of the State Emergency Service's functions under 21
this Act, and 22
(c) recurrent expenditure incurred during the period in respect 23
of the administrative costs of the Service or the Minister 24
incurred under the authority of this Act. 25
Division 2 The Fund 26
24B State Emergency Service Fund 27
(1) There is to be established in the Special Deposits Account in the 28
Treasury a State Emergency Service Fund into which are to be 29
paid all contributions and other money received under this Part. 30
(2) There is payable from the Fund: 31
(a) money to assist in meeting the costs of State Emergency 32
Service expenditure, and 33
(b) all money directed to be paid from the Fund by or under 34
this or any other Act. 35
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Division 3 Estimates of Fund expenditure and 1
contributions 2
24C Estimate to be prepared by Minister 3
(1) The Minister must, before or as soon as practicable after the end 4
of a financial year, prepare and: 5
(a) subject to the concurrence of the Treasurer, adopt an 6
estimate of the probable State Emergency Service 7
expenditure, and 8
(b) adopt an estimate of the parts of such expenditure 9
applicable to each area of council, 10
for the next financial year. 11
(2) In determining the part of State Emergency Service capital 12
expenditure applicable to a council, the Minister may apply such 13
proportion of that expenditure to each council as the Minister 14
thinks fit. 15
(3) Before preparing the estimate, the Minister is to consider the 16
report and recommendation of the Director-General in respect of 17
the matters referred to in subsection (1). 18
(4) The total amount required to be contributed under this Part for a 19
financial year is the amount of the estimate of the probable State 20
Emergency Service expenditure, subject to this Part. 21
24D Councils to furnish information to Minister 22
For the purpose of enabling the Minister to prepare the estimates 23
referred to in section 24C a council must, at such times and in 24
such manner as the Director-General may require, furnish to the 25
Director-General such information relating to the Service, SES 26
units or emergency officers, the equipment of the Service and 27
such other matters relating to the organisation of the Service as 28
the Director-General may require. 29
24E Times for instalment payments 30
The contributions payable under this Part (including advance 31
payments) are to be paid on or before 1 July, 1 October, 1 January 32
and 1 April in each financial year, or on or before such other days 33
as the Director-General may direct and notify to the contributors 34
concerned. 35
24F Contributions due and payable within 60 days of assessment 36
(1) Contributions payable under this Part are due and payable on 37
assessment by the Minister and any such contribution not paid 38
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within 60 days of the date of assessment shown on the assessment 1
notice is, unless the Minister otherwise determines, to be 2
increased by 10% of the amount of the contribution payable. 3
(2) Contributions or any part of contributions not paid by any 4
insurance company or council within 90 days of the date of 5
assessment and all penalties incurred in respect of failure to pay 6
any contribution constitute a debt due and payable to the Minister 7
and are recoverable in any court of competent jurisdiction by the 8
Minister. 9
24G Deficits and excesses in contributions 10
(1) If, in any financial year, the amount received by the Minister 11
from contributions under this Part falls short of the expenditure 12
based on the estimate for that financial year, the deficit is to be 13
added to the estimate of expenditure for the following year and 14
the contributions are to be increased accordingly. 15
(2) If the amount received by the Minister in any financial year from 16
contributions under this Part exceeds the expenditure based on 17
the estimate for that financial year, then the excess is to be treated 18
as a credit in favour of the estimated income of the following year 19
and the contributions reduced accordingly. 20
(3) For the purposes of this section any deficit or excess in respect of 21
any financial year is to be the deficit or excess as certified by the 22
Auditor-General. 23
Division 4 Contributions by Treasurer 24
24H Contributions by Treasurer 25
(1) Of the amount required to be contributed to the Fund, the 26
Treasurer must contribute 14.6%. 27
(2) The Treasurer may, in addition to the contribution to the Fund 28
under subsection (1), from time to time advance such money to 29
the Fund subject to such terms and conditions as the Treasurer 30
may determine. 31
(3) Any money payable by the Treasurer under this section is to be 32
paid out of money provided by Parliament. 33
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Division 5 Contributions by local government areas 1
24I Contributions required from councils 2
(1) Of the amount required to be contributed to the Fund, 11.7% is to 3
be contributed by the councils of each local government area or 4
areas the whole or part of which is within a region. 5
(2) Funds of a council derived from donations and other voluntary 6
contributions made for the purposes of this Act may not be used 7
towards payments by the council under subsection (1) unless the 8
Minister so approves. 9
24J Determination of contributions of councils 10
(1) The contributions of councils are to be determined as follows: 11
(a) that part of the estimated expenditure applicable to any 12
region that is to be contributed by councils is to be 13
contributed by those councils the areas or any parts of 14
which are within the region, 15
(b) the total amount of the contribution of any council is to be 16
determined by the Minister. 17
(2) The amount of the contribution payable by any council may be 18
raised if necessary, and despite any statutory limit of such rates, 19
by an increase of the ordinary rate by such a sum in the dollar as 20
will be sufficient to provide the amount of the contribution, and 21
that increase is for all purposes to be taken to form part of the 22
ordinary rate. 23
(3) Every council and every officer of the council must, when so 24
required by the Minister, furnish the Minister with all such 25
documents, papers and information as the Minister may require 26
to determine the contribution of the council. 27
24K Advance contribution payment by councils 28
(1) If the amount required to be contributed by a local government 29
area has not been finally determined by 1 July in any financial 30
year, the council concerned must make an advance contribution 31
payment to the Director-General pending the making of an 32
estimate for that financial year for all councils. 33
(2) The advance contribution is to be an amount determined by the 34
Director-General. 35
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(3) When the estimates for all councils are determined, the required 1
contribution for the financial year is to be adjusted by the 2
Director-General having regard to the amount of the advance 3
contribution payment. 4
Division 6 Contributions by insurance companies 5
24L Contributions required from insurance companies 6
Of the total amount required to be contributed to the Fund for a 7
financial year, 73.7% is to be contributed by insurance companies 8
in accordance with this Division. 9
24M Advance payment by insurance companies 10
(1) An insurance company must, in each financial year, make an 11
advance payment to the Director-General pending an assessment 12
under section 24F. 13
(2) The advance payment is to be an amount equal to the percentage 14
fixed by the Minister in respect of that year of the total amount of 15
the premiums subject to contribution under subsection (4) 16
received by or due to the company during the financial year that 17
ended one year before the financial year for which the advance 18
payment is due. 19
(3) The percentage fixed by the Minister is to be the percentage that 20
will provide the total amount to be contributed under this Part by 21
all insurance companies in respect of all regions in the financial 22
year for which the contribution is required. 23
(4) The amount of the premiums under any class of policies of 24
insurance specified in Schedule 2 that is to be subject to 25
contribution under this section is as indicated in that Schedule in 26
respect of that class of policies of insurance. 27
(5) If the Minister is satisfied that at least two-thirds of the insurance 28
companies liable to contribute under this section desire that 29
Schedule 2 be amended in a certain manner, and the 30
Director-General recommends the amendment, the Minister may 31
by notice published in the Gazette, amend that Schedule 32
accordingly. 33
(6) Any such amendment takes effect from 1 July, or such other date 34
following publication of the notice as the Minister directs in the 35
notice. 36
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24N Definition of "total amount of the premiums" 1
For the purposes of this Division: 2
total amount of the premiums includes any brokerage or 3
commission paid or due to be paid or allowed on: 4
(a) any such premium, or 5
(b) any bonuses or return premiums allowed in respect of any 6
policy of insurance the subject of any such premium, or 7
(c) such part of the premiums received by or due to the 8
company as is paid or due to be paid by way of reinsurance 9
by the company to any other insurance company in New 10
South Wales, 11
but does not include stamp duty payable in respect of any policy 12
of insurance the subject of any such premium. 13
24O Adjustments 14
(1) If an insurance company submits a return under this Division in 15
a financial year, the Director-General is to notify the company of 16
the required contribution in relation to the company for that year 17
assessed in accordance with the following formula: 18
a×b
required contribution = -----------
c
where: 19
a is the total amount of premiums subject to contribution 20
specified in the return made by the company, 21
b is the total amount to be contributed under this Division by all 22
insurance companies in respect of the year to which the return 23
relates, 24
c is the total amount of all premiums subject to contribution 25
specified in returns under this Division made by all insurance 26
companies in respect of that year. 27
(2) If the required contribution assessed in relation to an insurance 28
company for a financial year is greater than the advance payment 29
required to be made under this Division by the company for that 30
financial year, the company must, not later than 31 December in 31
the financial year in which the assessment is made or such later 32
day as may be approved by the Director-General, pay to the 33
Director-General the amount of the difference between the 34
advance payment and the assessed amount. 35
(3) If the required contribution is assessed for a financial year in 36
which the company did not make an advance payment under this 37
Division, the company must, not later than 31 December in the 38
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financial year in which the assessment is made or such later day 1
as may be approved by the Director-General, pay the amount 2
assessed to the Director-General. 3
(4) If the required contribution assessed for a financial year is less 4
than the amount of the advance payment required to be made 5
under this Division by the company for that financial year, the 6
Director-General is to credit the amount of the difference against: 7
(a) any instalments that remain to be paid in respect of the 8
advance payment for the financial year in which the 9
assessment is made, and 10
(b) any instalments that will be required to be paid in respect 11
of the advance payment to be made during the following 12
financial year, 13
in such manner as the Director-General may determine and, if 14
any balance is outstanding at the end of the financial year referred 15
to in paragraph (b), the Director-General is to pay the amount 16
outstanding to the company not later than the next 30 June. 17
(5) If an insurance company: 18
(a) is entitled to a credit referred to in subsection (4) in respect 19
of an advance payment under this Division, and 20
(b) did not receive, and was not entitled to receive, in the 21
financial year in which the advance payment was made, 22
any premium in respect of which it would have been 23
required by this Division to submit a return, and 24
(c) the liabilities of the company in relation to the 25
contributions under this Part have been discharged, 26
the Director-General must, as soon as practicable, pay to the 27
company the amount of the credit or, as the case may be, the 28
balance outstanding. 29
24P Liability of owner where foreign insurer involved 30
(1) This section applies to a person who is the owner of property in 31
respect of which an insurance company has received a premium 32
referred to in section 24N if the insurance company is not 33
authorised under a law of the Commonwealth or of a State or 34
Territory to carry on insurance business. 35
(2) The Director-General may notify a person to whom this section 36
applies that the person is to be responsible for the contributions 37
required to be paid by the insurance company under this Part 38
because of premiums received by the company in respect of the 39
person's property, and in such a case: 40
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Schedule 6 Amendment of emergency services legislation
(a) the person must pay to the Director-General any amounts 1
that would otherwise be payable by the company under 2
this Part in respect of those premiums, and 3
(b) the provisions of this Division are to apply to the person as 4
if the person were the insurance company that received 5
those premiums, subject to any modification of those 6
provisions required by the regulations. 7
(3) An owner who fails to pay such an amount within 30 days after it 8
falls due is guilty of an offence. 9
Maximum penalty: 10 penalty units. 10
(4) The amount of such a payment may be deducted from any 11
premium recoverable in the State by or on behalf of the company 12
on the issue or renewal of any insurance policy on the property or 13
may be recovered from the company as a debt by the person 14
making the payment. 15
(5) This section applies whether the premium concerned was 16
received in or outside the State. 17
24Q Returns by insurance companies 18
(1) An insurance company must during September in each financial 19
year, or at such other time during the financial year as the 20
Director-General may notify in the Gazette, submit to the 21
Director-General: 22
(a) a return in the approved form showing the total amount of 23
premiums received by or due to the company for the 24
previous financial year in respect of the insurance against 25
loss of or damage to any property in the State under the 26
classes of policies specified in Schedule 2, and 27
(b) a certificate in the approved form from an auditor. 28
(2) An insurance company that ceases to receive, and to be entitled 29
to receive, any premiums in respect of which it would have been 30
required by this section to submit a return must, within 30 days, 31
notify the Director-General accordingly in writing. 32
(3) If a notification under subsection (2) is received by the 33
Director-General: 34
(a) before 31 March in a financial year--the company is not 35
discharged from its liability to pay any unpaid instalments 36
of its advance payment under section 24M for that year, or 37
(b) on or after 31 March in a financial year--the company is 38
not discharged from its liability to pay any unpaid 39
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instalments of its advance payment for that year or its 1
advance payment for the next financial year. 2
(4) An insurance company is guilty of an offence if it: 3
(a) fails to lodge a return or notify the Director-General as 4
required by this section, or 5
(b) lodges a return under this section that is false or misleading 6
in a material particular. 7
Maximum penalty (subsection (4)): 8
(a) under paragraph (a)--1 penalty unit for each day the 9
default continues, or 10
(b) under paragraph (b)--20 penalty units. 11
24R Returns by owners of property 12
(1) If an insurance company not authorised under a law of the 13
Commonwealth or of a State or Territory to carry on insurance 14
business holds a risk in respect of property within an area to 15
which this Act applies, the owner of the property must during 16
September in each year, or at such other time as the 17
Director-General may direct and notify in the Gazette, furnish a 18
return to the Director-General. 19
(2) The return must show the amount of the premiums paid by the 20
owner in respect of the property to the company during the 21
previous financial year or such other period as the 22
Director-General may direct. 23
(3) A person who fails to lodge a return as required by this section is 24
guilty of an offence. 25
Maximum penalty: 20 penalty units. 26
24S Audit of accounts of insurance companies 27
(1) At the request of the Minister, the Auditor-General may examine 28
and audit, or cause to be examined and audited, the accounts (and 29
any books and documents relating to the accounts) of any 30
insurance company liable to pay contributions under this Part. 31
(2) The examination and audit is to be in respect of matters relating 32
to or arising out of the provisions of this Part. 33
(3) The Auditor-General is to forward a report on the audit to the 34
Minister as soon as practicable after it is completed. 35
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Schedule 6 Amendment of emergency services legislation
(4) It is an offence for a person: 1
(a) to obstruct the Auditor-General, or any person acting on 2
behalf of the Auditor-General, when exercising functions 3
under this section, or 4
(b) to fail, without lawful excuse when requested to do so for 5
the purposes of this section by the Auditor-General or a 6
person so acting, to produce any account, book or record in 7
the person's possession or under the person's control, or 8
(c) to fail to answer any question asked by the 9
Auditor-General or a person so acting, for the purposes of 10
this section. 11
Maximum penalty: 50 penalty units. 12
Division 7 Miscellaneous 13
24T Application of the Fund 14
(1) Money to the credit of the Fund may be applied by the Treasurer 15
in or towards State Emergency Service expenditure incurred 16
under the authority of this Act. 17
(2) The Treasurer may pay such money out of the Fund on the 18
certificate of the Minister. 19
24U Management of unspent funds 20
Any money remaining to the credit of the State Emergency 21
Service at the end of a financial year, other than money that is 22
required to be paid into the Fund, is to be paid into the Service's 23
operating account. 24
24V Disposal by councils of equipment purchased from Fund 25
(1) A council must not sell or dispose of any equipment purchased or 26
constructed wholly or partly from money to the credit of the Fund 27
without the written consent of the Director-General. 28
(2) There is to be paid to the credit of the Fund: 29
(a) if the whole of the cost of the purchase or construction of 30
any equipment was met by money to the credit of the Fund: 31
(i) an amount equal to the proceeds of sale of any such 32
equipment, and 33
(ii) any amount recovered (whether under a policy of 34
insurance or otherwise) in respect of the damage to, 35
or destruction or loss of, any such equipment, and 36
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Amendment of emergency services legislation Schedule 6
(b) if a part only of the cost of the purchase or construction of 1
any equipment was met by money to the credit of the 2
Fund--an amount that bears to the amount that would be 3
required by this subsection to be paid if the whole of that 4
cost had been met by money to the credit of the Fund the 5
same proportion as that part of the cost bears to the whole 6
of that cost. 7
[2] Schedule 1 Savings, transitional and other provisions 8
Insert at the end of clause 1 (1): 9
State Revenue and Other Legislation Amendment (Budget 10
Measures) Act 2008, but only to the extent that it amends this Act 11
[3] Schedule 1 12
Insert after Part 3: 13
Part 4 Provisions consequent on State Revenue 14
and Other Legislation Amendment (Budget 15
Measures) Act 2008 16
11 Insurance contributions 17
(1) In this clause, amending Act means the State Revenue and Other 18
Legislation Amendment (Budget Measures) Act 2008. 19
(2) For the purposes of calculating the advance payments under 20
section 24M, as inserted by the amending Act, and the 21
adjustments to be made under section 24O, as so inserted, in 22
respect of an insurance company for the first financial year 23
commencing on 1 July 2009: 24
(a) the Minister may have regard to the total amount of 25
premiums received by or due to the company during the 26
previous financial year, as disclosed under Part 5 of the 27
Rural Fires Act 1997, and 28
(b) any return furnished by an insurance company or person 29
under that Part during the previous financial year may be 30
taken into account for the purposes of those sections as if 31
it were a return furnished under Part 5A of this Act, as 32
inserted by the amending Act. 33
(3) This clause is subject to the regulations. 34
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Schedule 6 Amendment of emergency services legislation
[4] Schedule 2 1
Insert after Schedule 1: 2
Schedule 2 Contributions of insurance 3
companies 4
(Section 24M (4)) 5
Column 1 Column 2
Classes of policies of insurance Amount of
premiums
subject to
contribution
(1) Any insurance of property and including consequential loss
but not including any insurance of a class specified in items
(2)-(8) 80%
(2) Houseowners and householders, however designated
(buildings or contents or both) 50%
(3) Personal combined on personal jewellery and clothing,
personal effects and works of art 10%
(4) Motor vehicle and motor cycle 2.5%
(5) Marine and baggage--any insurance confined to maritime
perils or confined to risks involving transportation on land
or in the air, and including storage incidental to the
transportation by sea, land or air, but not including other
Static Risks which are to be declared under item (1) 1%
Note. Static Risks includes all movements of goods and/or stock
and/or material associated with processing or storage operations at
any situation.
(6) (a) Combined fire and hail on growing crops 1%
(b) Livestock 1%
(7) Aviation hull Nil
(8) Any insurance solely covering:
(a) Loss by theft Nil
(b) Plate glass Nil
(c) Machinery--confined to mechanical breakdown
and/or consequential loss arising from mechanical
breakdown Nil
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Column 1 Column 2
Classes of policies of insurance Amount of
premiums
subject to
contribution
(d) Explosion or collapse of boiler and pressure
vessels--confined to damage other than by fire Nil
Explanatory note 1
Schedule 6.3 amends the State Emergency Service Act 1989 (the SES Act) to provide 2
for a contribution scheme to meet the costs of State Emergency Service recurrent and 3
capital expenditure. Similar schemes are provided for under the FB Act and the RF Act. 4
Item [1] inserts proposed Part 5A (proposed sections 24A-24V) into the SES Act. The 5
proposed Part establishes a contribution scheme for State Emergency Service 6
expenditure as follows: 7
(a) Division 1 (proposed section 24A) defines words and expressions used in the 8
proposed Part, 9
(b) Division 2 (proposed section 24B) establishes the State Emergency Service 10
Fund and requires contributions under the proposed Part to be paid into the 11
Fund, 12
(c) Division 3 (proposed sections 24C-24G) requires the Minister to prepare and 13
adopt, subject to the concurrence of the Treasurer, estimates of probable State 14
Emergency Service expenditure for the next financial year and of expenditure 15
applicable to council areas. The Division sets out the time for payment of 16
quarterly instalments and imposes penalties for late payment. Shortfalls in 17
expenditure requirements are to be covered by subsequent increased 18
contributions and excess contributions to be allocated to subsequent years' 19
expenditure, 20
(d) Division 4 (proposed section 24H) requires the Treasurer to contribute 14.6% of 21
State Emergency Service expenditure to the Fund, 22
(e) Division 5 (proposed sections 24I-24K) requires councils whose area is within 23
a region under the SES Act to contribute 11.7% of State Emergency Service 24
expenditure to the Fund. The Minister is to determine the total contribution of 25
any council and the amount of a council contribution may be paid by increasing 26
the ordinary rate of the council. Councils must make advance payments of 27
contributions, as determined by the Minister, if the amount of the councils' 28
contributions are not finally determined by 1 July in any financial year, 29
(f) Division 6 (proposed sections 24L-24S) requires insurance companies to 30
contribute 73.7% of State Emergency Service expenditure to the Fund. 31
Companies must make advance payments of contributions pending 32
assessment of contributions and the method of assessing contributions (based 33
on premiums subject to contribution) is set out. A property owner may be 34
personally liable for contributions if not insured by an insurer authorised under 35
Australian law. Returns showing premiums under policies subject to the scheme 36
must be submitted by insurance companies to the Director-General of the State 37
Emergency Service or by owners, if not insured by an insurer authorised under 38
Australian law.The proposed Division also provides for the Auditor-General, at 39
the request of the Minister, to audit the accounts of an insurance company liable 40
to pay contributions under the proposed Part, 41
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(g) Division 7 (proposed sections 24T-24V) provides that the money of the Fund 1
may be applied by the Treasurer in or towards State Emergency Service 2
expenditure incurred under the authority of the SES Act. The proposed Division 3
also requires money remaining to the credit of the Service at the end of a 4
financial year (other than money required to be paid to the Fund) to be paid to 5
the Service's operating account. The proposed Division also prevents a council 6
from disposing of equipment purchased using money from the Fund without the 7
consent of the Director-General of the Service and provides for proceeds of 8
sales to be paid to the Fund. 9
Item [2] amends Schedule 1 to the SES Act to enable regulations containing savings 10
or transitional provisions to be made consequent on the amendment of the SES Act by 11
the proposed Act. 12
Item [3] inserts a transitional provision. 13
Item [4] inserts Schedule 2 into the SES Act. The proposed Schedule sets out the 14
classes of insurance policies and the amount of premiums subject to contribution by 15
the insurance companies. These are consistent with those set out in the RF Act 16
scheme. 17
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Amendment of Human Tissue Act 1983 No 164 Schedule 7
Schedule 7 Amendment of Human Tissue Act 1983 1
No 164 2
(Section 3) 3
Section 37A 4
Insert after section 37: 5
37A Recovery of costs incurred by the State in connection with the 6
supply of blood and blood products to approved health providers 7
(1) In this section: 8
approved health provider means: 9
(a) a private hospital or day procedure centre licensed under 10
the Private Hospitals and Day Procedure Centres Act 11
1988, or 12
(b) a private health facility licensed under the Private Health 13
Facilities Act 2007, or 14
(c) an accredited pathology laboratory under the Health 15
Insurance Act 1973 of the Commonwealth (other than any 16
such laboratory that is under the control of a public health 17
organisation within the meaning of the Health Services Act 18
1997), or 19
(d) any health provider of a class prescribed by the 20
regulations. 21
blood product does not include a product that is declared by the 22
regulations not to be a blood product for the purposes of this 23
section. 24
blood supplier means: 25
(a) the Australian Red Cross Society, or 26
(b) any other person or body prescribed by the regulations. 27
(2) The object of this section is to encourage approved health 28
providers that use blood or blood products supplied by blood 29
suppliers: 30
(a) to make the best use of available resources of blood and 31
blood products, and 32
(b) to adopt an appropriate level of financial and performance 33
accountability in relation to the use of those resources, 34
by enabling the Director-General to recover the costs incurred by 35
the State in connection with the supply of blood and blood 36
products to those health providers. 37
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(3) If an approved health provider is supplied with any blood or 1
blood products by a blood supplier, the health provider is 2
required to pay the Director-General the costs incurred by the 3
State in connection with the supply of the blood or blood 4
products. 5
(4) The arrangements for paying those costs and the manner in which 6
they are assessed may be determined by the Director-General. 7
(5) Any amount that is payable under this section is recoverable by 8
the Director-General as a debt due to the State. 9
(6) For the purposes of facilitating the assessment by the 10
Director-General of the amounts payable by approved health 11
providers under this section, a blood supplier is, in accordance 12
with any written directions by the Director-General, required to 13
provide the Director-General with information relating to the 14
blood and blood products supplied by the blood supplier for use 15
in New South Wales. 16
(7) For the purposes of this section, the costs incurred by the State in 17
connection with the supply of blood or blood products to an 18
approved health provider includes the costs incurred by the State 19
in collecting, transporting, processing or distributing any such 20
blood or blood products. 21
(8) This section does not allow an approved health provider to charge 22
a patient for the supply of any blood or blood product to that 23
patient. 24
(9) However, nothing in this Act prevents an approved health 25
provider that supplies blood or blood products to another 26
approved health provider from recovering from the other health 27
provider any amount that the health provider has paid under this 28
section in relation to that supply. 29
Explanatory note 30
The proposed amendment will enable the Director-General of the Department of Health 31
to recover the costs incurred by the State in connection with the supply of blood and 32
blood products by blood suppliers (such as the Australian Red Cross Society) to the 33
private health sector. 34
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of Management of Waters and Waterside Lands Regulations-- Schedule 8
N.S.W.
Schedule 8 Amendment of Management of Waters 1
and Waterside Lands Regulations-- 2
N.S.W. 3
(Section 3) 4
[1] Regulation 36A Fee for occupation licence--other than for boatshed or 5
similar business activity 6
Omit "$330" from Regulation 36A (2) (a) and (b), wherever occurring. 7
Insert instead "$413". 8
[2] Regulation 36A (2) (b) 9
Omit "$111". Insert instead "$138". 10
[3] Regulation 36A (2) (c) 11
Omit "$774". Insert instead "$965". 12
[4] Regulation 36A (2) (c) 13
Omit "$220". Insert instead "$275". 14
Explanatory note 15
The proposed amendments increase the annual fees for classes 1, 2 and 3 occupation 16
licences (commonly referred to as mooring licences) in the Sydney Harbour (Eastern) 17
locality. 18
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 9 Amendment of Mining Regulation 2003
Schedule 9 Amendment of Mining Regulation 2003 1
(Section 3) 2
[1] Clause 44A Rates of royalty for coal 3
Omit "7%" from clause 44A (1) (a). Insert instead "8.2%". 4
[2] Clause 44A (1) (b) 5
Omit "6%". Insert instead "7.2%". 6
[3] Clause 44A (1) (c) 7
Omit "5%". Insert instead "6.2%". 8
Explanatory Note 9
The proposed amendments increase the base rate of royalty payable for coal. The new 10
rates will apply from 1 January 2009. The increases are as follows: 11
(a) from 7% to 8.2% of the value of coal recovered by open cut mining, 12
(b) from 6% to 7.2% of the value of coal recovered by underground mining, 13
(c) from 5% to 6.2% of the value of coal recovered by deep underground mining. 14
Page 50
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of Parking Space Levy Act 1992 No 32 Schedule 10
Schedule 10 Amendment of Parking Space Levy Act 1
1992 No 32 2
(Section 3) 3
[1] Section 11 Amount of levy 4
Insert "before the 2009 financial year" after "each subsequent financial year" 5
in section 11 (5). 6
[2] Section 11 (6) and (7) 7
Insert after section 11 (5): 8
(6) The amount of the levy that is payable on 1 September in the 9
2009 financial year is: 10
(a) $2,000 for each parking space within a Category 1 area for 11
which the levy is payable, or 12
(b) $710 for each parking space within a Category 2 area for 13
which the levy is payable. 14
(7) The amount of the levy that is payable on 1 September in the 15
2010 financial year and on 1 September in each subsequent 16
financial year is: 17
(a) for each parking space within a Category 1 area--the CPI 18
adjusted levy for a Category 1 area for the particular 19
financial year concerned, and 20
(b) for each parking space within a Category 2 area--the CPI 21
adjusted levy for a Category 2 area for the particular 22
financial year concerned. 23
[3] Section 12A Notice of CPI adjusted levy 24
Insert after section 12A (2): 25
(3) This section does not apply in respect of the levy for the 2009 26
financial year. 27
[4] Schedule 1 Savings, transitional and other provisions 28
Insert at the end of clause 1A (1): 29
State Revenue and Other Legislation Amendment (Budget 30
Measures) Act 2008 31
Explanatory note 32
Item [2] of the proposed amendments increases the parking space levy (with effect 33
from the financial year commencing 1 July 2009) to: 34
(a) $2,000 per parking space, in the case of a parking space in a Category 1 area 35
(which is comprised of the City of Sydney and parts of North Sydney), and 36
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 10 Amendment of Parking Space Levy Act 1992 No 32
(b) $710 per parking space, in the case of a parking space in a Category 2 area 1
(which is comprised of parts of Bondi Junction, Chatswood, Parramatta and 2
St Leonards). 3
The new amount of the levy will be adjusted in accordance with movements in the 4
consumer price index from the 2010 financial year onwards. 5
Items [1] and [3] are consequential amendments. 6
Item [4] enables the making of saving and transitional regulations as a consequence of 7
the proposed amendments. 8
Page 52
State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of planning legislation Schedule 11
Schedule 11 Amendment of planning legislation 1
(Section 3) 2
11.1 Environmental Planning and Assessment Amendment Act 3
2008 No 36 4
[1] Schedule 3.1 Amendment of Environmental Planning and Assessment 5
Act 1979 6
Insert "(or other area of land)" after "growth centre" in proposed section 116F 7
(7) (a) in Schedule 3.1 [6]. 8
[2] Schedule 3.1 [6], note following proposed section 116F (7) (a) 9
Insert "The other areas of land referred to in this paragraph are former growth 10
centres." after "Fund.". 11
[3] Schedule 3.1 [7], proposed clause 13 (4) 12
Insert "(or other area of land)" after "growth centre". 13
[4] Schedule 3.1 [7], note following proposed clause 13 (4) 14
Insert "The other areas of land referred to in this subclause are former growth 15
centres." after "Fund.". 16
[5] Schedule 3.2 Amendment of Growth Centres (Development 17
Corporations) Act 1974 No 49 18
Insert "(or other area of land)" after "growth centre" in proposed section 19
25 (3) (a) in Schedule 3.2 [1]. 20
[6] Schedule 3.2 [1], proposed section 25 (8) 21
Omit the subsection. Insert instead: 22
(8) The Secretary of the Treasury may delegate any function of the 23
Secretary under this section (other than this power of delegation) 24
to: 25
(a) in the case of a growth centre that is specified in 26
Schedule 3--the chief executive of the development 27
corporation constituted for the growth centre, or 28
(b) in the case of any other area of land specified in 29
Schedule 3--the Director-General. 30
[7] Schedule 3.2 [1], proposed section 26 (1) (b) and (c) 31
Insert "or other area of land" after "growth centre" wherever occurring. 32
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Schedule 11 Amendment of planning legislation
[8] Schedule 3.2 [2], item 1 of proposed Schedule 3 1
Omit the item. Insert instead: 2
1 The land shown edged heavy red on the map entitled "North West 3
Growth Centre--Community Infrastructure Trust Fund Area" 4
and on the map entitled "South West Growth Centre-- 5
Community Infrastructure Trust Fund Area", copies of which are 6
deposited in the office of the Department of Planning. 7
Note. Both these areas of land were formerly listed as growth centres 8
under this Act. 9
Explanatory note 10
The proposed amendments in Schedule 11.1 are consequential on the amendments 11
contained elsewhere in this Schedule to the Growth Centres (Development 12
Corporations) Act 1974 that provide for the abolition of the Growth Centres 13
Commission (the GCC). The growth centres in respect of which the GCC is currently 14
constituted (ie the North West and South West growth centres) will no longer be 15
"growth centres" because of the abolition of the GCC but will, for the purposes of the 16
uncommenced provisions contained in Schedule 3 to the Environmental Planning and 17
Assessment Amendment Act 2008 that relate to the payment of community 18
infrastructure contributions, be listed as Community Infrastructure Trust Fund areas. 19
11.2 Environmental Planning and Assessment Regulation 2000 20
Clause 276 Growth Centres SEPP--release of precinct for urban 21
development and planning process for the precinct 22
Omit "the Growth Centres Commission," from clause 276 (3). 23
Explanatory note 24
The proposed amendment in Schedule 11.2 is consequential on the abolition of the 25
GCC. 26
11.3 Growth Centres (Development Corporations) Act 1974 No 49 27
[1] Section 5 Amendment of Schedule 1 (Growth centres and development 28
corporations) 29
Omit section 5 (6). 30
[2] Schedule 1 Growth centres and development corporations 31
Omit the matter relating to the Growth Centres Commission. 32
[3] Schedule 1A Dissolutions, amalgamations and changes of name or 33
nature of governance 34
Insert after clause 4 (1) (d): 35
(d1) the transferee has all the entitlements and obligations of 36
the transferor in relation to those assets, rights and 37
liabilities that the transferor would have had but for the 38
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Amendment of planning legislation Schedule 11
order giving rise to the transfer, whether or not those 1
entitlements and obligations were actual or potential at the 2
time the order took effect, 3
[4] Schedule 6 Savings, transitional and other provisions 4
Insert at the end of clause 3 (1): 5
State Revenue and Other Legislation Amendment (Budget 6
Measures) Act 2008, to the extent that it amends this Act 7
[5] Schedule 6, clause 5 (2) (d) and (e) 8
Omit "(other than the Growth Centres Commission)" wherever occurring. 9
[6] Schedule 6, clause 5 (2) (f) 10
Omit the paragraph. 11
[7] Schedule 6, clause 7 12
Omit the clause. 13
[8] Schedule 6, Part 3 14
Insert after Part 2: 15
Part 3 State Revenue and Other Legislation 16
Amendment (Budget Measures) Act 2008 17
8 Interpretation 18
In this Part: 19
instrument has the same meaning as in clause 1 of Schedule 1A. 20
relevant corporation means the corporation constituted under 21
section 8 (1) of the Environmental Planning and Assessment Act 22
1979. 23
9 Dissolution of Growth Centres Commission 24
On the commencement of this clause (as inserted by the State 25
Revenue and Other Legislation Amendment (Budget Measures) 26
Act 2008): 27
(a) the Growth Centres Commission is dissolved, and 28
(b) the chief executive of the Growth Centres Commission 29
ceases to hold office and for that purpose is taken to have 30
been removed from office under section 77 of the Public 31
Sector Employment and Management Act 2002, and 32
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State Revenue and Other Legislation Amendment (Budget Measures)
Bill 2008
Schedule 11 Amendment of planning legislation
(c) the assets, rights and liabilities of the Growth Centres 1
Commission are transferred to the relevant corporation. 2
10 Transfer of assets, rights and liabilities to relevant corporation 3
(1) The following provisions have effect in relation to the transfer 4
under clause 9 of the assets, rights and liabilities of the Growth 5
Centres Commission (the transferor) to the relevant corporation 6
(the transferee): 7
(a) the assets of the transferor vest in the transferee by virtue 8
of this clause and without the need for any further 9
conveyance, transfer, assignment or assurance, 10
(b) the rights or liabilities of the transferor become by virtue 11
of this clause the rights or liabilities of the transferee, 12
(c) all proceedings relating to the assets, rights or liabilities 13
commenced before the transfer by or against the transferor 14
or a predecessor of the transferor and pending immediately 15
before the transfer are taken to be proceedings pending by 16
or against the transferee, 17
(d) any act, matter or thing done or omitted to be done in 18
relation to the assets, rights or liabilities before the transfer 19
by, to or in respect of the transferor is (to the extent to 20
which that act, matter or thing has any force or effect) 21
taken to have been done or omitted by, to or in respect of 22
the transferee, 23
(e) the transferee has all the entitlements and obligations of 24
the transferor in relation to those assets, rights and 25
liabilities that the transferor would have had but for this 26
clause, whether or not those entitlements and obligations 27
were actual or potential at the time the transfer took effect, 28
(f) a reference in any instrument made under any Act or in any 29
document of any kind (other than an instrument of 30
appointment) to the Growth Centres Commission or to the 31
chief executive of the Growth Centres Commission is 32
taken to include a reference to: 33
(i) if the reference is used in relation to the operational 34
functions of the Growth Centres Commission--the 35
Director-General of the Department of Planning, or 36
(ii) in any other case--the transferee. 37
(2) For the purpose of subclause (1) (f), the operational functions of 38
the Growth Centres Commission include functions under this 39
Act, the Environmental Planning and Assessment Act 1979 or the 40
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Amendment of planning legislation Schedule 11
Threatened Species Conservation Act 1995, or any other Act, that 1
relate to the following: 2
(a) promoting, co-ordinating, managing or securing the 3
orderly and economic use and development of the areas of 4
land comprising the former North West and South West 5
Growth Centres (including, but not limited to, matters 6
relating to precinct planning and development 7
contributions), 8
(b) protecting, conserving or enhancing the environment 9
within those areas of land or any areas that are related to 10
those areas. 11
(3) The regulations made under clause 3 of this Schedule may 12
provide that a reference in any specified instrument or other 13
document to the Growth Centres Commission is taken to include 14
a reference to: 15
(a) the relevant corporation, or 16
(b) the Director-General of the Department of Planning. 17
(4) Any such regulation has effect despite subclause (1) (f) and may 18
take effect on a date that is earlier than the date of its publication 19
in the Gazette. 20
(5) The operation of this clause is not to be regarded: 21
(a) as a breach of contract or confidence or otherwise as a civil 22
wrong, or 23
(b) as a breach of any contractual provision prohibiting, 24
restricting or regulating the assignment or transfer of 25
assets, rights or liabilities, or 26
(c) as giving rise to any remedy by a party to an instrument, or 27
as causing or permitting the termination of any instrument, 28
because of a change in the beneficial or legal ownership of 29
any asset, right or liability, or 30
(d) as an event of default under any contract or other 31
instrument. 32
(6) No attornment to the transferee by a lessee from the transferor is 33
required. 34
(7) No compensation is payable to any person or body in connection 35
with the transfer. 36
(8) Duty under the Duties Act 1997 is not chargeable for or in respect 37
of: 38
(a) the transfer, or 39
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Schedule 11 Amendment of planning legislation
(b) anything certified by the Minister as having been done in 1
consequence of the transfer (for example, the transfer or 2
conveyance of an interest in land). 3
11 Transfer of assets and liabilities--validation 4
(1) Schedule 1A, as amended by the State Revenue and Other 5
Legislation Amendment (Budget Measures) Act 2008, extends to 6
any transfer of assets, rights or liabilities, consequent on an order 7
to which that Schedule applies, that was made at any time before 8
the commencement of the amendment. 9
(2) For that purpose: 10
(a) the amendment is taken to have been in force when the 11
relevant transfers occurred, and 12
(b) any such transfer is taken to have been validly made if it 13
could have been made after that commencement. 14
(3) This clause does not apply to any transfer to the extent that it is 15
affected by any proceedings of a court that were finally 16
determined before that commencement. 17
(4) For the purposes of this clause, proceedings are not finally 18
determined if: 19
(a) any period for bringing an appeal as of right in respect of 20
the proceedings has not expired (ignoring any period that 21
may be available by way of extension of time to appeal), or 22
(b) any appeal in respect of the proceedings is pending 23
(whether or not it is an appeal brought as of right). 24
Explanatory note 25
Item [1] of the proposed amendments in Schedule 11.3 removes a provision that 26
prevents a growth centre from being dissolved by order of the Governor under section 5 27
of the Growth Centres (Development Corporations) Act 1974 (the GC Act) unless the 28
Minister is satisfied that the development corporation for the growth centre has 29
substantially completed its planning and development functions in respect of the 30
growth centre. 31
Item [2] has the effect of dissolving the Growth Centres Commission (the GCC) as a 32
development corporation and abolishing, as growth centres under the GC Act, the 33
areas of land currently comprising the North West and South West Growth Centres. 34
Both these areas of land will still be listed as Community Infrastructure Trust Fund 35
areas under proposed Schedule 3 to the GC Act (to be inserted by the Environmental 36
Planning and Assessment Amendment Act 2008). Items [5]-[7] are consequential on 37
the abolition of the GCC. 38
Item [3] makes it clear that when an order is made under the GC Act to dissolve a 39
development corporation, the vesting of the dissolved corporation's assets, rights and 40
liabilities in the transferee will include all obligations and entitlements in relation to 41
those assets, rights and liabilities that the dissolved corporation would have had but for 42
the order. 43
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Amendment of planning legislation Schedule 11
Item [4] enables regulations of a savings and transitional nature to be made as a 1
consequence of the amendments being made by the proposed Act to the GC Act. 2
Item [8] contains provisions relating to the abolition of the GCC, the transfer of its 3
assets, rights and liabilities to the Ministerial corporation constituted under the 4
Environmental Planning and Assessment Act 1979 and other matters of a savings or 5
transitional nature. 6
11.4 State Environmental Planning Policy (Sydney Region 7
Growth Centres) 2006 8
[1] Clause 3 Interpretation 9
Insert at the end of the definition of growth centre in clause 3 (1): 10
Note. Both of these areas of land are no longer growth centres under the 11
Growth Centres (Development Corporations) Act 1974 but continue to 12
be referred to as growth centres for the purposes of this Policy. 13
[2] Clause 4 Consent authority 14
Omit "(such as the Growth Centres Commission)" from the note at the end of 15
the clause. 16
[3] Clause 15 Acquisition of land zoned under this Part 17
Omit ", except as provided by paragraph (b)" from clause 15 (a). 18
[4] Clause 15 (b) 19
Omit the paragraph. 20
[5] Clause 17 Referral to Department of Planning after release of precinct 21
Omit "Growth Centres Commission" from clause 17 (2) and (3) wherever 22
occurring. 23
Insert instead "Director-General of the Department of Planning". 24
[6] Clause 17 (3) 25
Omit "the Commission". Insert instead "the Director-General". 26
Explanatory note 27
The proposed amendments in Schedule 11.4 are consequential on the abolition of the 28
GCC. 29
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State Revenue and Other Legislation Amendment (Budget Measures)
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Schedule 11 Amendment of planning legislation
11.5 Strata Schemes (Leasehold Development) Act 1986 No 219 1
Section 4 Definitions 2
Omit the definition of local council in section 4 (1). Insert instead: 3
local council, in relation to land, means: 4
(a) the council of the area under the Local Government Act 5
1993 in which the land is situated, or 6
(b) if a person is declared by the regulations to be the local 7
council for that land for the purposes of any specified 8
provision of this Act--the person so declared. 9
Explanatory note 10
The proposed amendment in Schedule 11.5 has the effect that the Sydney Harbour 11
Foreshore Authority will no longer be the local council for the purposes of issuing strata 12
certificates under section 66 of the Strata Schemes (Leasehold Development) Act 1986 13
in relation to certain land vested in that Authority. 14
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State Revenue and Other Legislation Amendment (Budget Measures)
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Amendment of private hospitals and day procedure centres legislation Schedule 12
Schedule 12 Amendment of private hospitals and day 1
procedure centres legislation 2
(Section 3) 3
12.1 Private Hospitals Regulation 1996 4
[1] Clause 7 Applications for licences 5
Omit "$775" from clause 7 (b). Insert instead "$5,320". 6
[2] Clause 9 Annual licence fees 7
Omit the Table to the clause. Insert instead: 8
Table 9
Column 1 Column 2
Number of persons licensed to Licence fee
be accommodated $
Fewer than 51 4,690
51-75 5,940
76-100 7,190
101-150 9,690
151-200 10,940
201 or more 12,190
[3] Clause 10 Transfer of licence 10
Omit "$775" from clause 10 (b). Insert instead "$2,940". 11
Explanatory note 12
The proposed amendments in Schedule 12.1 increase licence fees for private 13
hospitals, being application fees for licences, annual licence fees and application fees 14
for the transfer of licences, so that the fees apply on a full cost recovery basis. 15
The 8-level range of fees in respect of the number of persons licensed to be 16
accommodated in a private hospital has been altered to a 6-level range. 17
12.2 Day Procedure Centres Regulation 1996 18
[1] Clause 7 Applications for licences 19
Omit "$775" from clause 7 (b). Insert instead "$5,320". 20
[2] Clause 9 Annual licence fees 21
Omit "$1,415". Insert instead "$4,690". 22
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State Revenue and Other Legislation Amendment (Budget Measures)
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Schedule 12 Amendment of private hospitals and day procedure centres legislation
[3] Clause 10 Transfer of licence 1
Omit "$775" from clause 10 (b). Insert instead "$2,940". 2
Explanatory note 3
The proposed amendments in Schedule 12.2 increase fees for day procedure centres, 4
being application fees for licences, annual licence fees and application fees for the 5
transfer of licences, so that the fees apply on a full cost recovery basis. 6
Page 62
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Amendment of Real Property Regulation 2008 Schedule 13
Schedule 13 Amendment of Real Property Regulation 1
2008 2
(Section 3) 3
[1] Schedule 1 Fees 4
Insert after item 8: 5
8A On lodgment of a transfer by way of discharge of mortgage 92.00
where a mortgagee has been recorded as registered proprietor
pursuant to section 12B of the Act
8B On lodgment of a dealing for registration or recording of a 92.00
unilateral severance of a joint tenancy pursuant to section 97
of the Act
8C On lodgment of a dealing to transfer an estate in land that 92.00
changes the tenancy or shares of tenants
8D On lodgment of a dealing to transfer the ownership of an 184.00
estate in land pursuant to section 46 of the Act
[2] Schedule 1, item 11 6
Omit "92.00". Insert instead "184.00". 7
Explanatory note 8
The proposed amendments amend Schedule 1 (Fees) to the Real Property Regulation 9
2008 as follows: 10
(a) to specify a fee of $92 for certain transfers that do not change the ownership of 11
an estate in land (for example, discharging a mortgage by way of transfer, 12
unilaterally severing a joint tenancy or changing the tenancy or shares of 13
tenants), 14
(b) to introduce a new fee of $184 for lodging a dealing to transfer the ownership of 15
an estate in land pursuant to section 46 of the Real Property Act 1900, 16
(c) to increase from $92 to $184 the fee for lodging an application to dispose of 17
Crown land arising from the closing of a public road under the Roads Act 1993. 18
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Schedule 14 Amendment of Victims Support and Rehabilitation Act 1996 No 115
Schedule 14 Amendment of Victims Support and 1
Rehabilitation Act 1996 No 115 2
(Section 3) 3
[1] Section 79 Imposition of compensation levy 4
Omit "$70" from section 79 (1) (a). Insert instead "$140". 5
[2] Section 79 (1) (b) 6
Omit "$30". Insert instead "$60". 7
[3] Section 80 8
Insert after section 79: 9
80 CPI adjustments of compensation levy 10
(1) The amounts of the levy payable under section 79 (1) are to be 11
adjusted annually, on and from 1 July in each year, in accordance 12
with this section. 13
(2) The adjusted amounts are to be calculated in accordance with the 14
following formula: 15
L×C
A = -------------
B
where: 16
A is the adjusted amount of the levy. 17
L is the amount of the levy immediately before it is adjusted. 18
C is the Sydney CPI number for March in the financial year 19
2 years before the year for which the adjusted amount is to be 20
determined. 21
B is the Sydney CPI number for March in the financial year 22
before the financial year for which the adjusted amount is to be 23
determined. 24
(3) The adjusted amounts are to be rounded up to the nearest dollar. 25
(4) If the adjusted amounts would be less than the amounts to be 26
adjusted in any year, the amounts are not to be adjusted for that 27
year. 28
(5) The Minister must publish a notice in the Gazette on or before 29
1 July in each year specifying the adjusted amounts (if any) 30
determined under this section for the year commencing on 1 July. 31
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Amendment of Victims Support and Rehabilitation Act 1996 No 115 Schedule 14
(6) In this section: 1
Sydney CPI number means the Consumer Price Index (All 2
Groups Index) for Sydney issued by the Australian Statistician. 3
Explanatory note 4
The amendments to the Victims Support and Rehabilitation Act 1996 double the 5
amounts of compensation levy currently payable by persons convicted of 6
offences punishable by imprisonment and dealt with by certain courts and 7
provide for those amounts to be adjusted annually on the basis of increases in 8
the Consumer Price Index (All Groups Index) for Sydney. 9
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Schedule 15 Amendment of environmental protection (waste) legislation
Schedule 15 Amendment of environmental protection 1
(waste) legislation 2
(Section 3) 3
15.1 Amendment of Protection of the Environment Operations 4
Act 1997 No 156 5
[1] Schedule 1 Scheduled activities 6
Omit the definition of regulated area in clause 50 (1). Insert instead: 7
regulated area means the area comprising the local government 8
areas of Ashfield, Auburn, Ballina, Bankstown City, Bellingen, 9
Blacktown City, Blue Mountains City, Botany Bay City, 10
Burwood, Byron, Camden, Campbelltown City, Canada Bay, 11
Canterbury City, Cessnock City, Clarence Valley, Coffs Harbour 12
City, Dungog, Fairfield City, Gloucester, Gosford City, Great 13
Lakes, Greater Taree City, Hawkesbury City, Holroyd City, 14
Hornsby, Hunter's Hill, Hurstville City, Kempsey, Kiama, 15
Kogarah, Ku-ring-gai, Kyogle, Lake Macquarie City, Lane Cove, 16
Leichhardt, Lismore City, Liverpool City, Maitland City, Manly, 17
Marrickville, Mosman, Muswellbrook, Nambucca, Newcastle 18
City, North Sydney, Parramatta City, Penrith City, Pittwater, Port 19
Macquarie-Hastings, Port Stephens, Randwick City, Richmond 20
Valley, Rockdale City, Ryde City, Shellharbour City, 21
Shoalhaven City, Singleton, Strathfield, Sutherland Shire, City of 22
Sydney, The Hills Shire, Tweed, Upper Hunter Shire, Warringah, 23
Waverley, Willoughby City, Wingecarribee, Wollondilly, 24
Wollongong City, Woollahra and Wyong. 25
[2] Schedule 2, clause 5A Local council waste reduction and environmental 26
sustainability scheme 27
Insert ", and improving the environmental sustainability practices and services 28
of," after "waste by" in clause 5A (1). 29
15.2 Amendment of Protection of the Environment Operations 30
(General) Regulation 1998 31
Clause 44 Commencement of licensing requirement for existing 32
activities not previously required to be licensed: sec 52 (1) 33
Insert after clause 44 (3): 34
(4) The prescribed period after the commencement of the 35
amendment to Schedule 1 to the Act made by the State Revenue 36
and Other Legislation Amendment (Budget Measures) Act 2008 37
(to the extent that the amendment makes it necessary for a person 38
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Amendment of environmental protection (waste) legislation Schedule 15
to be authorised by a licence to continue to carry out an activity 1
of composting or waste disposal by application to land for which 2
a licence was not previously required) is 6 months. 3
15.3 Amendment of Protection of the Environment Operations 4
(Waste) Regulation 2005 5
[1] Clause 4 Definitions 6
Insert in alphabetical order in clause 4 (1): 7
coal washery rejects means the waste resulting from washing 8
coal (including substances such as coal fines, soil, sand and rock 9
resulting from that process). 10
RRA means the regional regulated area, being the local 11
government areas of Ballina, Bellingen, Blue Mountains City, 12
Byron, Clarence Valley, Coffs Harbour City, Dungog, 13
Gloucester, Great Lakes, Greater Taree City, Kempsey, Kyogle, 14
Lismore City, Muswellbrook, Nambucca, Port 15
Macquarie-Hastings, Richmond Valley, Singleton, Tweed, 16
Upper Hunter Shire and Wollondilly. 17
[2] Clause 4A Payment of contributions 18
Insert after clause 4A (3): 19
(4) For the purposes of section 88 (3) (b) of the Act, and despite 20
subclauses (2) and (3), the period of 26 days after the end of each 21
month is prescribed as the time within which the contribution 22
payable by an occupier under clause 5 (4) is to be paid. 23
[3] Clause 5 24
Omit the clause. Insert instead: 25
5 Contributions payable in relation to scheduled waste facilities 26
where adequate records kept 27
(1) For the purposes of section 88 (2) of the Act, the following 28
contributions are prescribed as the contributions required to be 29
paid by the occupiers of scheduled waste facilities in respect of 30
waste other than trackable liquid waste: 31
(a) the SMA amount for the year in which the waste is 32
received for each tonne of waste: 33
(i) that is received in that year at a scheduled waste 34
facility located in the SMA, or 35
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Schedule 15 Amendment of environmental protection (waste) legislation
(ii) that is received in that year at a scheduled waste 1
facility located in the ERA but that has been 2
generated in the SMA, or 3
(iii) that is received in that year at a scheduled waste 4
facility located outside the SMA and the ERA but 5
that has been generated in, or generated from waste 6
(including liquid waste) generated in, the SMA, 7
(b) the ERA amount for the year in which the waste is received 8
for each tonne of waste: 9
(i) that is received in that year at a scheduled waste 10
facility located in the ERA but that has been 11
generated outside the SMA, or 12
(ii) that is received in that year at a scheduled waste 13
facility located outside the SMA and the ERA but 14
that has been generated in, or generated from waste 15
(including liquid waste) generated in, the ERA, 16
(c) the RRA amount for the year in which the waste is 17
received for each tonne of waste: 18
(i) that is received in that year at a scheduled waste 19
facility located in the RRA but that has been 20
generated outside the SMA and the ERA, or 21
(ii) that is received in that year at a scheduled waste 22
facility located outside the SMA and the ERA but 23
that has been generated in, or generated from waste 24
(including liquid waste) generated in, the RRA. 25
(2) For the purposes of section 88 (2) of the Act, the contributions 26
required to be paid by an occupier of a scheduled waste facility 27
in respect of trackable liquid waste that is received at the 28
scheduled waste facility are prescribed as: 29
(a) $38.60 for each tonne of the waste that is received in the 30
period beginning on 1 October 2007 and ending on 30 June 31
2008, or 32
(b) for a year beginning on or after 1 July 2008, the TLW 33
amount for that year for each tonne of the waste that is 34
received in that year. 35
(3) For the purposes of section 88 (5) of the Act, an occupier of a 36
scheduled waste facility is exempt from the requirement to pay 37
contributions in respect of trackable liquid waste that is received 38
at the scheduled waste facility before 1 October 2007. 39
(4) For the purposes of section 88 (2) of the Act, the contributions 40
required to be paid by an occupier of a scheduled waste facility 41
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Amendment of environmental protection (waste) legislation Schedule 15
used to dispose of coal washery rejects only, in respect of each 1
tonne of coal washery rejects received at the facility, are 2
prescribed as: 3
(a) $15.00 for each tonne of coal washery rejects received in 4
the period beginning on 1 November 2009 and ending on 5
30 June 2010, or 6
(b) for a year beginning on or after 1 July 2010, the Special 7
Levy amount for that year for each tonne of coal washery 8
rejects received in that year. 9
(5) An occupier of a scheduled waste facility who is required to pay 10
contributions under subclause (4) is not required to pay 11
contributions in respect of the same waste under subclause (1). 12
(6) The SMA amount is as follows: 13
(a) $30.40 for the year ending 30 June 2007, 14
(b) for a year beginning on or after 1 July 2007 and ending on 15
or before 30 June 2016--the amount, in dollars and cents, 16
calculated for the year in accordance with the formula in 17
subclause (11), 18
(c) for a year beginning on or after 1 July 2016--the amount, 19
in dollars and cents, calculated for the year in accordance 20
with the formula in subclause (15). 21
(7) The ERA amount is as follows: 22
(a) $23.10 for the year ending 30 June 2007, 23
(b) for a year beginning on or after 1 July 2007 and ending on 24
or before 30 June 2013--the amount, in dollars and cents, 25
calculated for the year in accordance with the formula in 26
subclause (12), 27
(c) for a year beginning on or after 1 July 2013--the SMA 28
amount for that year. 29
(8) The RRA amount is as follows: 30
(a) $10.00 for the year ending on 30 June 2010, 31
(b) for a year beginning on or after 1 July 2010 and ending on 32
or before 30 June 2016--the amount, in dollars and cents, 33
calculated for the year in accordance with the formula in 34
subclause (13), 35
(c) for a year beginning on or after 1 July 2016--the amount, 36
in dollars and cents, calculated for the year in accordance 37
with the formula in subclause (15), but where T in that 38
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formula is the RRA amount, in dollars and cents, for the 1
year previous to the year for which the calculation is being 2
made. 3
(9) The TLW amount is as follows: 4
(a) $46.70 for the year ending 30 June 2009, 5
(b) for a year beginning on or after 1 July 2009 and ending on 6
or before 30 June 2011--the amount, in dollars and cents, 7
calculated for the year in accordance with the formula in 8
subclause (14), 9
(c) for a year beginning on or after 1 July 2011--the amount, 10
in dollars and cents, calculated for the year in accordance 11
with the formula in subclause (15), but where T in that 12
formula is the TLW amount, in dollars and cents, for the 13
year previous to the year for which the calculation is being 14
made. 15
(10) The Special Levy amount is the amount, in dollars and cents, 16
calculated for the year in accordance with the formula in 17
subclause (15), but where T in that formula is: 18
(a) for a calculation made for the year ending on 30 June 19
2011--$15.00, or 20
(b) for a calculation made for a year beginning on or after 21
1 July 2011--the Special Levy amount, in dollars and 22
cents, for the year previous to the year for which the 23
calculation is being made. 24
(11) The formula is: 25
A-B
D = ( N + Q ) × 1 + -------------
-
B
where: 26
D is the amount, in dollars and cents, being calculated. 27
N is the SMA amount, in dollars and cents, for the year previous 28
to the year for which the calculation is being made. 29
Q is: 30
(a) for a calculation made for a year ending on or before 31
30 June 2009--$7.00, or 32
(b) for a calculation made for a year beginning on or after 33
1 July 2009 and ending on or before 30 June 2016-- 34
$10.00. 35
A is the CPI number for the December quarter of the year 36
previous to the year for which the calculation is being made. 37
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B is the CPI number for the December quarter of the year 2 years 1
previous to the year for which the calculation is being made. 2
(12) The formula is: 3
A-B
H = ( M + R ) × 1 + -------------
-
B
where: 4
H is the amount, in dollars and cents, being calculated. 5
M is the ERA amount, in dollars and cents, for the year previous 6
to the year for which the calculation is being made. 7
R is: 8
(a) for a calculation made for a year ending on or before 9
30 June 2009--$7.50, or 10
(b) for a calculation made for the year ending on 30 June 11
2010--$10.50, or 12
(c) for a calculation made for a year beginning on or after 13
1 July 2010 and ending on or before 30 June 2013-- 14
$11.50. 15
A is the CPI number for the December quarter of the year 16
previous to the year for which the calculation is being made. 17
B is the CPI number for the December quarter of the year 2 years 18
previous to the year for which the calculation is being made. 19
(13) The formula is: 20
A-B
E = ( V + T ) × 1 + -------------
-
B
where: 21
E is the amount, in dollars and cents, being calculated. 22
V is the RRA amount, in dollars and cents, for the year previous 23
to the year for which the calculation is being made. 24
T is $10.00. 25
A is the CPI number for the December quarter of the year 26
previous to the year for which the calculation is being made. 27
B is the CPI number for the December quarter of the year 2 years 28
previous to the year for which the calculation is being made. 29
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(14) The formula is: 1
A-B
G = ( P + C ) × 1 + -------------
-
B
where: 2
G is the amount, in dollars and cents, being calculated. 3
P is the TLW amount, in dollars and cents, for the year previous 4
to the year for which the calculation is being made. 5
C is: 6
(a) for a calculation made for the year ending on 30 June 7
2010--$7.00, or 8
(b) for a calculation made for the year ending on 30 June 9
2011--$6.00. 10
A is the CPI number for the December quarter of the year 11
previous to the year for which the calculation is being made. 12
B is the CPI number for the December quarter of the year 2 years 13
previous to the year for which the calculation is being made. 14
(15) The formula is: 15
A-B
S = T × 1 + -------------
-
B
where: 16
S is the amount, in dollars and cents, being calculated. 17
T is the SMA amount, in dollars and cents, for the year previous 18
to the year for which the calculation is being made. 19
A is the CPI number for the December quarter of the year 20
previous to the year for which the calculation is being made. 21
B is the CPI number for the December quarter of the year 2 years 22
previous to the year for which the calculation is being made. 23
(16) The SMA amount, the ERA amount, the RRA amount, the TLW 24
amount and the Special Levy amount are to be rounded to the 25
nearest 10 cents, and if the amount to be rounded is 5 cents, 26
rounded up. 27
(17) The amount of the contribution is to be adjusted in accordance 28
with clause 11A. 29
(18) If, at any time, the Australian Statistician issues a CPI number in 30
substitution for a CPI number previously issued, the issue of the 31
later CPI number is to be disregarded for the purposes of this 32
clause. 33
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Amendment of environmental protection (waste) legislation Schedule 15
[4] Clause 6 Contributions payable in relation to scheduled waste facilities 1
where inadequate records kept 2
Omit clause 6 (2). Insert instead: 3
(2) Except as provided by subclauses (2A)-(2C), the contribution 4
payable is the SMA amount calculated: 5
(a) in accordance with clause 5 (6) for the year in which the 6
EPA makes the determination of the amount of the 7
contribution, and 8
(b) in relation to each tonne of the waste that is estimated by 9
the EPA under subclause (3) as being at the waste facility 10
concerned when the estimation is made. 11
(2A) The contribution payable in respect of waste the subject of clause 12
5 (1) (c) is the RRA amount calculated: 13
(a) in accordance with clause 5 (8) for the year in which the 14
EPA makes the determination of the amount of the 15
contribution, and 16
(b) in relation to each tonne of the waste that is estimated by 17
the EPA under subclause (3) as being at the waste facility 18
concerned when the estimation is made. 19
(2B) The contribution payable in respect of waste the subject of clause 20
5 (2) is: 21
(a) if the EPA makes the determination of the amount of the 22
contribution in the period beginning 1 October 2007 and 23
ending on 30 June 2008, $38.60 in relation to each tonne 24
of the waste that is estimated by the EPA under 25
subclause (3) as being at the waste facility concerned when 26
the estimation is made, or 27
(b) otherwise, the TLW amount calculated: 28
(i) in accordance with clause 5 (9) for the year in which 29
the EPA makes the determination of the amount of 30
the contribution, and 31
(ii) in relation to each tonne of the waste that is 32
estimated by the EPA under subclause (3) as being 33
at the waste facility concerned when the estimation 34
is made. 35
(2C) The contribution payable in respect of waste the subject of 36
clause 5 (4) is: 37
(a) if the EPA makes the determination of the amount of the 38
contribution in the period beginning 1 November 2009 and 39
ending on 30 June 2010, $15.00 in relation to each tonne 40
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Schedule 15 Amendment of environmental protection (waste) legislation
of the waste that is estimated by the EPA under 1
subclause (3) as being at the waste facility concerned when 2
the estimation is made, or 3
(b) otherwise, the Special Levy amount calculated: 4
(i) in accordance with clause 5 (10) for the year in 5
which the EPA makes the determination of the 6
amount of the contribution, and 7
(ii) in relation to each tonne of the waste that is 8
estimated by the EPA under subclause (3) as being 9
at the waste facility concerned when the estimation 10
is made. 11
[5] Clause 9 Exemption of certain occupiers from requirement to pay 12
contributions 13
Omit "coal washery rejects," from clause 9 (b). 14
[6] Clause 11A Deductions from contributions 15
Omit "the SMA or ERA" from clause 11A (3AA) (a). 16
Insert instead "the regulated area". 17
[7] Clause 11A (6) 18
Insert "in respect of the waste" after "applicable". 19
[8] Clause 15 Weighbridges 20
Omit clause 15 (1) (b). Insert instead: 21
(b) on and from 1 September 2006 until 30 June 2011, if the 22
waste facility receives over 10,000 tonnes of waste (other 23
than liquid waste) in any year, ensure that there is an 24
approved weighbridge installed at the waste facility, and 25
(c) on and from 1 July 2011, if the waste facility receives over 26
5,000 tonnes of waste (other than liquid waste) in any year, 27
ensure that there is an approved weighbridge installed at 28
the waste facility. 29
[9] Clause 43 Special requirements relating to clinical and related waste 30
Omit "Sydney metropolitan area or extended" from clause 43 (1) (a). 31
[10] Clause 43 (1) (c) 32
Omit "extended". 33
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Amendment of environmental protection (waste) legislation Schedule 15
[11] Part 5A, heading 1
Omit "performance". Insert instead "and sustainability". 2
[12] Clause 46A Definitions 3
Omit "performance" and "performance" wherever occurring. 4
Insert instead "and sustainability" and "and sustainability", respectively. 5
[13] Clause 46A, definitions of "ERA", "RRA" and "SMA" 6
Insert in alphabetical order: 7
ERA has the same meaning as in Part 2. 8
RRA has the same meaning as in Part 2. 9
SMA has the same meaning as in Part 2. 10
[14] Clause 46A, definition of "regulated area" 11
Omit the definition. 12
[15] Clause 46B Waste and sustainability improvement guidelines 13
Omit clause 46B (1). Insert instead: 14
(1) The EPA may, from time to time, issue guidelines establishing 15
waste and sustainability improvement standards to be met by 16
local councils within the regulated area in relation to the use, 17
recovery, recycling, processing and disposal of waste, and 18
improvements in environmental sustainability practices and 19
services. 20
[16] Clause 46B (1A) 21
Insert after clause 46B (1): 22
(1A) A waste and sustainability improvement standard may be 23
expressed to apply to all local councils, or to a particular local 24
council or group of local councils, within the regulated area. 25
[17] Clause 46B (2)-(4) 26
Omit "performance" wherever occurring. Insert instead "and sustainability". 27
[18] Clause 46C Application for waste and sustainability improvement 28
payments 29
Omit clause 46C (1). Insert instead: 30
(1) From the year commencing 1 July 2006, a local council within 31
the SMA or the ERA, and from the year commencing 1 July 32
2009, a local council within the RRA, may each year apply to the 33
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Schedule 15 Amendment of environmental protection (waste) legislation
EPA for a waste and sustainability improvement payment in 1
relation to its compliance with the waste and sustainability 2
improvement guidelines. 3
[19] Clause 46C (2) (a) and (b) 4
Omit "performance" wherever occurring. Insert instead "and sustainability". 5
[20] Clause 46D Determination of application 6
Omit "performance" wherever occurring. Insert instead "and sustainability". 7
[21] Clause 46E Calculation of amount of waste and sustainability 8
improvement payment 9
Omit clause 46E (1). Insert instead: 10
(1) The amount of the waste and sustainability improvement 11
payment to which an eligible council is entitled in a year 12
beginning on or after 1 July 2006 and ending on or before 30 June 13
2009 is to be calculated in accordance with the following 14
formula: 15
P
D = ( B × ( $3 × N ) ) × --
-
T
where: 16
D is the amount of the payment, in dollars and cents. 17
B is the total amount of household waste, in tonnes, disposed of 18
during the previous year by or on behalf of local councils within 19
the SMA and the ERA (whether or not they are eligible councils) 20
as calculated by the EPA. 21
N is: 22
(a) for the year ending 30 June 2007--1, or 23
(b) for the year ending 30 June 2008--2, or 24
(c) for the year ending 30 June 2009--3. 25
P is the population of the local council's local government area. 26
T is the total population of the local government areas of all 27
eligible councils within the SMA and the ERA. 28
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Amendment of environmental protection (waste) legislation Schedule 15
(1A) The amount of the waste and sustainability improvement 1
payment to which an eligible council is entitled in a year 2
beginning on or after 1 July 2009 and ending on or before 30 June 3
2016 is to be calculated in accordance with the following 4
formula: 5
P
F = R × --
-
T
where: 6
F is the amount of the payment, in dollars and cents. 7
R is: 8
(a) for the year ending 30 June 2010--$19.8 million (if the 9
payment is for a council within the SMA or the ERA) or 10
$1.4 million (if the payment is for a council within the 11
RRA), or 12
(b) for the year ending 30 June 2011--$26.6 million (if the 13
payment is for a council within the SMA or the ERA) or 14
$2.8 million (if the payment is for a council within the 15
RRA), or 16
(c) for the year ending 30 June 2012--$32.8 million (if the 17
payment is for a council within the SMA or the ERA) or 18
$2 million (if the payment is for a council within the 19
RRA), or 20
(d) for the year ending 30 June 2013--$36.2 million (if the 21
payment is for a council within the SMA or the ERA) or 22
$2.5 million (if the payment is for a council within the 23
RRA), or 24
(e) for the year ending 30 June 2014--$38.8 million (if the 25
payment is for a council within the SMA or the ERA) or 26
$3 million (if the payment is for a council within the 27
RRA), or 28
(f) for the year ending 30 June 2015--$40.5 million (if the 29
payment is for a council within the SMA or the ERA) or 30
$3.5 million (if the payment is for a council within the 31
RRA), or 32
(g) for the year ending 30 June 2016--$42.6 million (if the 33
payment is for a council within the SMA or the ERA) or 34
$3.9 million (if the payment is for a council within the 35
RRA). 36
P is the population of the local council's local government area. 37
T is the total population of the local government areas of all 38
eligible councils within the SMA and the ERA (if the payment is 39
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Schedule 15 Amendment of environmental protection (waste) legislation
for a council within the SMA or the ERA) or within the RRA (if 1
the payment is for a council within the RRA). 2
[22] Clause 46F 3
Omit the clause. Insert instead: 4
46F Payment of waste and sustainability improvement payment 5
The Director-General of the Department of Environment and 6
Climate Change must pay to an eligible council any waste and 7
sustainability improvement payment to which the council is 8
entitled under this Part. 9
[23] Clause 51A Exemptions relating to certain waste 10
Insert at the end of clause 51A (1) (b): 11
, and 12
(c) coal washery rejects (within the meaning of Part 2). 13
[24] Clause 51A (2) 14
Insert "or class of persons" after "a person". 15
Explanatory note 16
The proposed amendments to the Protection of the Environment Operations (Waste) 17
Regulation 2005 (the Regulation): 18
(a) increase the contributions payable by occupiers of scheduled waste facilities 19
(being certain waste facilities required to be licensed under the Protection of the 20
Environment Operations Act 1997 (the Act)) in respect of waste (other than 21
trackable liquid waste) that has either been received by such a facility located 22
in the Sydney metropolitan area (the SMA) or the extended regulation area (the 23
ERA) under the Regulation or generated in those areas, by (generally) $10.00 24
per tonne per annum from 1 July 2009 until 30 June 2016 (adjusted annually in 25
line with the CPI), and provide for the contributions amount to continue to be 26
adjusted annually in line with the CPI in the years following, and 27
(b) provide for contributions to be payable by occupiers of scheduled waste 28
facilities in respect of waste (other than trackable liquid waste) that has been 29
received by such a facility located (generally) in the Blue Mountains, Wollondilly 30
and North East Coast areas (being the regional regulated area or the RRA 31
under the Regulation) but generated outside the SMA and ERA, or generated 32
in the RRA but received at such a facility located outside the SMA and the ERA, 33
beginning 1 July 2009 at $10.00 per tonne and increasing by $10.00 per tonne 34
per annum until 30 June 2016 (adjusted annually in line with the CPI), and 35
provide for the contributions amount to continue to be adjusted annually in line 36
with the CPI in the years following, and 37
(c) (together with amendments to the Act) extend the application of the Waste 38
Performance Improvement Scheme (which currently promotes waste reduction 39
by local councils in the SMA and the ERA and provides for payments to councils 40
in those areas who comply with waste reduction guidelines) to local councils in 41
the RRA and broaden the scope of the Scheme to encompass guidelines 42
relating to environmental sustainability, and 43
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Amendment of environmental protection (waste) legislation Schedule 15
(d) remove the exemption from the requirement to pay contributions in respect of 1
waste (other than trackable liquid waste) that currently applies to occupiers of 2
scheduled waste facilities used to dispose of only coal washery rejects, and 3
instead provide for a separate contribution to be payable by such an occupier in 4
respect of coal washery rejects received at the facility on and from 1 November 5
2009, being a contribution of $15.00 per tonne (adjusted annually in line with the 6
CPI). 7
Amendments of a minor, ancillary or consequential nature are also made to the 8
legislation referred to above and the Protection of the Environment Operations 9
(General) Regulation 1998, including: 10
(a) to lower the licence threshold for the scheduled activities of composting and 11
waste disposal by application to land (being activities for which a licence is 12
required under the Act) by including the RRA (in addition to the SMA and ERA) 13
in the term regulated area that applies for the purposes of delineating those 14
scheduled activities, and 15
(b) to clarify that waste in respect of which a deduction from contributions may be 16
made by an occupier of a scheduled waste facility must be waste received while 17
the facility is required to be licensed and in respect of which the contributions 18
are payable, and 19
(c) (effective from 1 July 2011) to lower the amount of waste (from 10,000 tonnes 20
to 5,000 tonnes) that must be received by certain waste facilities before their 21
occupiers are required to install an approved weighbridge at the facility, and 22
(d) to amend provisions relating to disposal of clinical waste to expressly relate 23
them to the RRA. 24
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