WATER INDUSTRY ACT 1994 - SECT 193 Obligation to pay environmental contributions for periods from 1 July 2008

WATER INDUSTRY ACT 1994 - SECT 193

    (1)     Each water supply authority must pay into the Consolidated Fund, in respect of each financial year in respect of which an Order is made under this section, the amount—

        (a)     that is calculated by reference to the revenue of the authority; and

        (b)     that is determined in accordance with the Order.

    (2)     For the purposes of subsection (1), the Minister, by Order published in the Government Gazette, may specify—

        (a)     the period (being not more than 4 years and not beginning any earlier than 1 July 2008) to which the Order relates; and

        (b)     the revenue or the class or classes of revenue that are to be used in the calculation of the amount under subsection (1), being—

              (i)     revenue that is derived from the provision of services by the authority, other than recycled water supply services; and

              (ii)     revenue that is derived from a period, as determined by the Minister and specified in the Order, that precedes the period to which the Order relates; and

        (c)     for each financial year to which the Order relates, the percentage or percentages of the revenue specified under paragraph (b) that are to be used in calculating the amount to be paid under subsection (1), which may vary in accordance with the nature of the service to which the revenue relates or the nature of the authority that is to pay the amount; and

        (d)     any authority or authorities that are exempt from the requirement to pay an amount under subsection (1) in any financial year to which the Order relates, and the reasons for giving any such exemption; and

        (e)     for each financial year to which the Order relates, the total amount being raised under subsection (1); and

        (f)     the nature of projects or programs to which the amount being raised under subsection (1) is proposed to be applied; and

        (g)     for each financial year to which the Order relates, the arrangements for the payment of the amount under subsection (1) within that year.

    (3)     In making an Order under this section, the Minister must have regard, amongst other things, to the following—

        (a)     the purposes set out in section 194 for which each environmental contribution is collected;

        (b)     the ability of all water supply authorities or any particular water supply authority to make an environmental contribution;

        (c)     any amount that any particular water supply authority has spent or will spend on funding initiatives that are consistent with the purposes set out in section 194;

        (d)     the conclusions reached as a result of any review completed under section 196.

    (4)     Despite anything to the contrary in section 27 of the Interpretation of Legislation Act 1984 , an Order made under this section can only be amended to correct a typographical error or a mathematical miscalculation (or anything stemming from a mathematical miscalculation) or any other error that is apparent on the face of the Order.

New s. 194 inserted by No. 57/2004 s. 3.