(b) if the Ministerial Corporation
by order published in the Gazette specifies a different year for the
prescribed area or part of a prescribed area--the specified year.
(1A) Where
the year relating to an existing prescribed area, or part of an existing
prescribed area, is changed, the order making the change may also make
provision for the transitional arrangements leading to the change.
(2) The
Ministerial Corporation may, by order published in the Gazette, declare that
as from:
(4) The
licensee of any bore within a prescribed area shall, subject to and in
accordance with this section and even if the licence is suspended, pay a
charge for the right to take and use water from the bore in addition to the
fee payable for the licence.
(5) The charge payable under subsection (4)
shall:
(a) subject to subsection (7), be fixed by the Ministerial Corporation
from time to time,
(b) be paid:
(i) in respect of each whole year during
which the bore is within the prescribed area, or
(ii) where the bore is not
within the prescribed area for a whole year--in respect of the part of a year
during which the bore is within the prescribed area,
(c) be calculated at a
rate not greater than the maximum rate which shall be prescribed according to:
(i) the area in which the bore is situated, or
(ii) the purpose for which the
water taken from the bore is used,
(d) be paid at the prescribed times and in
the prescribed manner,
(e) be on the basis of a fixed charge or on the basis
of the quantity of water taken from the bore (or a combination of both), and
(f) to the extent of a minimum annual amount fixed by the Ministerial
Corporation, be payable even if the bore to which the licence relates is not
used or the licence is suspended.
(6) The Ministerial Corporation may, under
subsection (5), fix different charges in respect of different bores or
different charges in respect of the same bore, as the case may require, having
regard to any one or more of the following factors:
(a) the area in which a
bore is situated,
(b) the purpose for which water taken from a bore is used,
(c) the quantity of water taken from a bore.
(7) Where the Ministerial
Corporation varies the amount it has fixed as the charge payable under
subsection (4), the variation shall take effect on such date as the
Ministerial Corporation may determine.
(8) If the holder of a licence fails
to pay the charge required under this section within the prescribed period,
the Ministerial Corporation may suspend the licence until the charge is paid.
(8A) Any amount due and unpaid under subsection (4):
(a) bears interest on a
daily basis at the prescribed rate until paid, even if judgment for the amount
has been given by a court, and
(b) is, together with any such interest,
recoverable as a debt due and payable to the Ministerial Corporation by the
lawful occupier of the land on which the bore is situated.
(8B) A payment
made in respect of a charge payable under subsection (4) shall be applied
first in payment of any interest borne by the charge.
(9) The Ministerial
Corporation may remit or waive the payment in any year of any charge paid or
payable under this section.