South Australian Consolidated Regulations

WATERWORKS REGULATIONS 1996 - REG 23

23—Division of land in an urban area

        (1)         Where land in an urban area that is adjacent land in relation to a main pipe is divided so as to create additional allotments, an amount is payable to the Corporation in respect of each of those additional allotments as follows:

            (a)         in the case of an allotment that will not be used solely or predominantly for residential purposes and will have an area of 1 200 square metres or more—an amount calculated in accordance with the following formula:

where—

"A" is the amount payable

"SC" is the standard capital contribution

"AA" is the area of the allotment expressed in square metres;

            (b)         in every other case—the standard capital contribution.

        (2)         The allotments to be regarded as additional allotments for the purpose of subregulation (1) will be determined as follows:

            (a)         for the purposes of the determination "original allotments will be the allotment or allotments comprising the land before the division being land that comprised adjacent land in relation to the main pipe and "new allotments" will be confined to those allotments created by the division that comprise adjacent land in relation to the main pipe;

            (b)         only new allotments will be regarded as additional allotments and, of those, a number equivalent to the number of original allotments will be rejected in accordance with paragraph (c) or (d);

            (c)         where all of the new allotments are not of the same size—

                  (i)         a larger allotment must be rejected before a smaller allotment;

                  (ii)         if a group of those allotments are of the same size—an allotment in the group to be used solely or predominantly for residential purposes (a "residential allotment") must be rejected before a non-residential allotment in the group;

            (d)         where all of the new allotments are of the same size—a residential allotment must be rejected before a non-residential allotment.

        (3)         For the purposes of subregulation (2)(a) where the land comprised in a strata plan under the Strata Titles Act 1988 is to be divided under Part 19AB of the Real Property Act 1886 , that land will be regarded as the original allotment and the allotments comprised of the strata units and the common property will be disregarded.