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Local Government Amendment
(Stormwater) Bill 2005
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Local Government Act 1993 (the Principal
Act) to allow councils to levy an annual charge for stormwater management services.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.Clause 3 is a formal provision that gives effect to the amendments to the Local
Government Act 1993 set out in Schedule 1.Schedule 1 Amendments
Schedule 1 [1] inserts section 496A in the Principal Act. The proposed section
provides that a council may levy an annual charge for the provision of stormwater
management services to certain land.Schedule 1 [4] inserts section 510A in Part 2 (Limit of annual income from rates and
charges) of Chapter 15 of the Principal Act. The proposed section provides that the
regulations are to prescribe the maximum amount that a council may charge for
stormwater management services. Schedule 1 [2] amends section 505 of the
Principal Act to provide that annual charges for stormwater management services are
not part of the general income of a council for the purposes of Part 2 of Chapter 15
of the Principal Act.Schedule 1 [8] inserts a definition of stormwater management service in the
Dictionary to the Principal Act. The term is defined to mean a service to manage the
quantity or quality, or both, of stormwater that flows off land, and to include a service
to manage the re-use of stormwater for any purpose.Schedule 1 [3] and [5]–[7] make other consequential amendments.
Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.