New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 33)
In this Schedule:
"catchment contribution" means a catchment contribution under this Schedule.
"catchment contribution area" means an area of land declared by an order in
force under this Schedule to be a catchment contribution area.
"charging year", in relation to an authority, means:
(a) the period of 12 months declared by an order in force under this Schedule to be the charging year for the authority, or
(b) if the charging year is changed under this Schedule by a further order-the period between the end of one charging year and the beginning of the next."owner" has the same meaning as in the Water Management Act 2000 .
(1) An authority may, in accordance with this Schedule and the regulations, levy a catchment contribution on any land within its area of operations declared to be a catchment contribution area under this Schedule.
(2) A catchment contribution may only be levied under this Schedule:(a) to fund any shortfall in available funding for the catchment activities in the annual implementation programs of the authority, and(b) if specifically authorised by the regulations.
Note: This Schedule continues revenue raising provisions under the Catchment Management Act 1989 relating to catchment management trusts (which are replaced by authorities under this Act).
(1) The Minister may, by order published in the Gazette, declare any land described in the order (being the whole or any part of the area of operations of an authority) to be a catchment contribution area for the purposes of this Schedule.
(2) The Minister may, by order published in the Gazette, declare a period of 12 months to be the charging year for an authority.
(1) The regulations are to specify the basis or bases according to which an authority may levy catchment contributions.
(2) Without limiting the generality of subclause (1), the regulations may provide that an authority may levy catchment contributions according to any one or more of the following factors:(a) the land value of land within the meaning of the Valuation of Land Act 1916 ,(b) the area of the land,(c) the degree of benefit that accrues to land as a result of the authority’s programs.
(1) An authority is to prepare and submit to the Minister at least 2 months before the beginning of each charging year of the authority estimates in respect of:(a) the income of the authority for the charging year from all sources including the total amount to be obtained by way of catchment contributions, and(b) the expenditure to be incurred during the charging year.
(2) The estimates are to be in such form as the Minister requires and are to contain particulars in respect of each item of expenditure and the catchment contributions to be levied.
(1) Not later than one month before the beginning of a charging year, an authority that proposes to levy a catchment contribution is to determine, in accordance with the regulations:(a) the amount of money that it proposes to raise by way of catchment contributions, and(b) the land within its catchment contribution area that is to be levied, and(c) the basis or bases of the catchment contribution to be levied, and(d) the rate of the catchment contribution,for the next charging year.
(2) An authority may make separate determinations under subclause (1) in respect of bases or rates, or both, for different lands within its catchment contribution area.
(3) A determination under this clause:(a) is subject to clause 2, and(b) is required to be approved by the Minister and does not have effect unless it is so approved, and(c) is to be published in the Gazette before the commencement of the charging year to which it relates, and(d) is to take effect on the commencement of the charging year to which it relates.
(4) A determination does not fail merely because it is not published in the Gazette before the commencement of the charging year to which it relates but, in that event, a person is not liable for payment of the catchment contribution to which the determination relates until the determination is published in the Gazette.
(5) A catchment contribution determined under this clause is levied on publication of the determination in the Gazette.
(6) If, for any reason:(a) a determination under this clause is not made before the charging year to which it relates, or(b) there is any irregularity or alleged irregularity in the making of any such determination,the Minister may extend the time for making the determination (whether or not that time has expired) and may authorise the authority concerned to do anything necessary to cure any irregularity and to make a valid determination.
Note: For determinations under this clause see Gazettes No 104 of 25.6.2004, p 4807; No 69 of 10.6.2005, p 2252; No 75 of 9.6.2006, p 4247; No 81 of 22.6.2007, p 3852; No 72 of 20.6.2008, p 5485 and No 90 of 19.6.2009, p 3139.
(1) After making a determination under clause 6 an authority must, in accordance with the determination:(a) classify each parcel of land within its catchment contribution area in respect of which a catchment contribution is to be levied, and(b) assess the catchment contribution payable for each such parcel of land.
(2) After it makes an assessment under this clause an authority is, in accordance with the regulations, to cause a notice to be served on the owner of each parcel of land in respect of which a catchment contribution has been levied.
(3) On the service of such a notice, the owner of the land to which the notice relates becomes liable for payment of the catchment contribution specified in the notice.
(1) An authority may reassess a catchment contribution, levied on the basis of land value, if the value of the land for any charging year differs from the value used to assess the contribution.
(2) A catchment contribution may only be reassessed as from the date the revised value of the land has effect.
(3) The owner of the land to which the reassessment relates becomes liable for payment of the revised catchment contribution on the service of a notice notifying the reassessment.
(1) In this clause:
"appropriate local agency", in relation to an authority, means:(a) the council of a local government area within which any part of the catchment contribution area of the authority is situated, or(b) the Sydney Water Corporation, the Hunter Water Corporation, State Water Corporation or any Water Supply Authority within whose area of operations any part of the catchment contribution area of the authority is situated, or(c) a statutory authority prescribed by the regulations or approved by the Minister for the purposes of this clause.
(2) An authority may, with the approval of the Minister, enter into an arrangement with an appropriate local agency for the following functions of the authority under this Schedule to be exercised by that agency on behalf of the authority:(a) the assessment or reassessment of catchment contributions levied by the authority,(b) the collection of those catchment contributions,(c) the recovery of those catchment contributions,(d) the issue of certificates as to any catchment contributions due to the authority.
(3) Any such arrangement may provide for the payment of commission to the appropriate local agency.
(4) For the purposes of any such arrangement, the appropriate local agency may deal with the authority’s catchment contributions in connection with its rates and charges, so long as the catchment contribution is separately identified.
(5) For the purposes of subclause (4), an appropriate local agency may issue joint assessments and notices, take joint action for collection and recovery and issue joint certificates.
(1) A catchment contribution for payment of which a person is liable is a charge on the land to which the catchment contribution relates.
(2) The provisions of this clause have effect despite anything contained in section 42 of the Real Property Act 1900 .
(1) An authority may charge interest on overdue catchment contributions at a rate not exceeding the rate prescribed by the regulations for the purposes of this clause.
(2) The interest charged forms a part of the catchment contribution for the purposes of this Schedule.
(1) A catchment contribution due to an authority under this Act may be recovered in any court of competent jurisdiction as a debt due to the Crown.
(2) An unsatisfied judgment or order of any court for the recovery of a catchment contribution from any person is not a bar to the recovery of the contribution from any other person who is liable under this Act for the payment of the contribution.
(3) The regulations may authorise the waiving of payment of catchment contributions in the case of hardship.
The regulations may provide for certain lands to be exempted from the levy of catchment contributions.
(1) An authority must, on written application being made to it and payment of the prescribed fee, issue to the applicant a certificate:(a) containing particulars of the amounts payable to the authority in respect of a parcel of separately assessed land, or(b) to the effect that there are no such amounts.
(2) An application for a certificate must specify the name and address of the applicant and identify the land to which the application relates.
(3) Such a certificate is conclusive proof, in favour of a purchaser in good faith and for value of the land to which the certificate relates that, at the date of its issue, no amounts were payable to the authority in respect of the land other than such amounts as are specified in the certificate.