New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 508A

508A Special variation over a period of years

(1) The Minister may, by instrument in writing given to a council, determine that the council’s general income, or the amount of an annual charge for domestic waste management services provided by the council, or both, for a specified period consisting of two or more years, may be varied by a specified percentage over the whole period.

(2) The specified period must not exceed 7 years, but this subsection does not prevent a further determination being made that takes effect after that period.

(3) The determination may be made only on the application of the council made in accordance with any applicable guidelines issued by the Director-General under this Act.

(4) The determination may include conditions with respect to the variation.

(5) Without limiting subsection (4), the conditions of the determination may specify the percentage by which the council’s general income, or the amount of the annual charge for domestic waste management services provided by the council, may be varied for a specified year to which the determination applies.

(6) If, for a year to which the determination applies in respect of:

(a) the council’s general income-the percentage specified under section 506 for that year is greater than the percentage specified in the conditions of the determination, the percentage specified under that section in respect of the council’s general income is taken to be substituted for that specified in the conditions, or

(b) the amount of the annual charge for domestic waste management services provided by the council-the percentage specified under section 507 for that year is greater than the percentage specified in the conditions of the determination, the percentage specified under that section in respect of the annual charge is taken to be substituted for that specified in the conditions.

(7) Subject to any later variations made to the determination, if the percentage (the "general percentage") specified under section 506 or 507 is substituted under subsection (6) for a year:

(a) the percentage specified under this section for the whole period is taken to be increased by the amount necessary to take into account the increase due to the substitution of the general percentage for that year, and

(b) the appropriate percentage for the remaining years is to be applied to the amount of the council’s general income, or of the annual charge for domestic waste management services provided by the council, taking into account the increase due to that substitution.

(8) The Minister may, by instrument in writing served on the council:

(a) vary the determination, including, for example, by varying or revoking any conditions of the determination or by including new conditions, or

(b) revoke the determination.

(9) The determination may be varied or revoked only:

(a) on the application of the council made in accordance with any applicable guidelines issued by the Director-General under this Act, or

(b) on the Minister’s own initiative if the Minister is satisfied that the council has contravened any conditions of the determination or any applicable guidelines issued by the Director-General under this Act.