WATER MANAGEMENT ACT 2000 - SECT 315 Determinations by water supply authority

WATER MANAGEMENT ACT 2000 - SECT 315

315 Determinations by water supply authority

(1) Not later than 1 month before the beginning of each charging year a water supply authority must, in accordance with the regulations, determine the following matters for that charging year--

(a) the amount of money that it proposes to raise by way of service charges levied on land within its area of operations,

(b) the factor or factors according to which land within its area of operations is to be classified for the purposes of levying service charges,

(c) the basis or bases according to which service charges are to be levied,

(d) the rate at which service charges are to be levied on, or the maximum or minimum service charges that are to be applicable to, land within its area of operations.

(2) In making a determination under this section, a water supply authority may have regard to the following--

(a) its estimation of the degree of benefit that accrues to land in respect of each service for which a charge is to be levied,

(b) its estimation of the degree to which each service is or may be used in relation to land in respect of which a charge is to be levied,

(c) its estimation of the cost involved in the construction, maintenance and operation of each service for which a charge is to be levied,

(d) such other matters as it considers relevant to the levying of charges for each such service.

(3) A determination under this section--

(a) is required to be approved by the Minister and does not have effect unless it is so approved, and

(b) must be published in the Gazette before the commencement of the charging year to which it relates, and

(c) takes 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, no person is liable for payment of the service charges to which the determination relates until the determination is published in the Gazette.

(5) A service charge determined under this section is levied on publication of the determination in the Gazette.

(6) If, for any reason--

(a) a determination under this section 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 Governor may extend the time for making the determination (whether or not that time has expired) and may authorise the water supply authority concerned to do anything necessary to cure any irregularity and to make a valid determination.