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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Soil and Land Conservation Amendment
Bill 1998
A Bill for
An Act to amend the Soil and Land Conservation Act 1945.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Soil and Land Conservation
5 Amendment Act 1998.
page 1
1--1
Soil and Land Conservation Amendment Bill 1998
s. 2
2. Commencement
This Act comes into operation on such day as is fixed by
proclamation.
3. The Act amended
5 The amendments in this Act are to the Soil and Land
Conservation Act 1945*.
[* Reprinted as at 12 August 1997.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p.215.]
10 4. Section 4 amended
Section 4 is amended by inserting in the appropriate
alphabetical position the following definition --
"
"service charge" means a charge imposed under
15 section 25A(1a);
".
5. Section 14 amended
Section 14(ha) is amended by inserting after "rates" --
" and service charges ".
20 6. Section 24 amended
Section 24(1)(f) is amended by inserting after "(1)" --
" or (1a) ".
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Soil and Land Conservation Amendment Bill 1998
s. 7
7. Section 25A amended
(1) After section 25A(1) the following subsection is inserted --
"
(1a) Subject to subsections (7) and (8) and to section 25AA
5 the Minister, acting on the recommendation of the
district committee for a land conservation district may,
by notice published in the Gazette, impose a charge to
meet the cost of a soil conservation service specified in
the notice in respect of that district or such part of that
10 district as is specified in the notice, and where a charge
is so imposed the charge shall be collected and paid on
land in accordance with this Division.
".
(2) Section 25A(2) is amended as follows --
15 (a) by inserting after "rates" --
" or service charges "; and
(b) by deleting "of this section" and inserting instead --
" or (1a) ".
(3) After section 25A(3) the following subsection is inserted --
20 "
(3a) Subject to subsection (5), a service charge imposed
under subsection (1a) --
(a) applies to all land within the land conservation
district or part of a land conservation district, as
25 the case may be, that is at the time of the
imposition of the service charge rateable land in
a local government district for the purposes of
Part 6 of the Local Government Act 1995; and
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Soil and Land Conservation Amendment Bill 1998
s. 8
(b) is payable by the owner of that land as shown at
that time in the rate record of the local
government of that district.
".
5 (4) Section 25A(5) is amended as follows --
(a) by deleting "(1) of this section" and inserting instead --
" (1) or (1a) ";
(b) by inserting after "rates" in paragraph (a) --
" or service charges "; and
10 (c) by inserting after "rate" in paragraph (b) --
" or a service charge ".
(5) After section 25A(7) the following subsection is inserted --
"
(8) Before imposing a service charge the Minister is to
15 ensure that the prescribed steps have been taken or will
be taken by the district committee for the land
conservation district in which it is proposed to impose
the service charge.
".
20 8. Section 25AA inserted
After section 25A the following section is inserted --
"
25AA. Service charges
(1) A service charge is only to be imposed for a soil
25 conservation purpose specified in the notice under
section 25A (1a) ("the specified service").
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Soil and Land Conservation Amendment Bill 1998
s. 9
(2) Subject to section 25B(8), a district committee may
only use the money raised from a service charge to
meet the cost of providing the specified service.
(3) If a district committee raises more money from a
5 service charge than it requires for the specified service
it shall refund to the owner of land on which the charge
was imposed an amount that bears to the service charge
paid the same proportion as the amount expended on
the specified service bears to the total of the moneys
10 raised by the district committee from the service
charge.
".
9. Section 25B amended
(1) After section 25B(1) the following subsection is inserted --
15 "
(1a) Where a service charge applies to any land the chief
executive officer shall --
(a) cause a notice of assessment of the service
charge to be served on the person liable to pay
20 the charge; or
(b) make arrangements with the local government
of the district in which the land is situated for a
notice of assessment of the service charge to be
served by the local government.
25 ".
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Soil and Land Conservation Amendment Bill 1998
s. 10
(2) After section 25B(2) the following subsection is inserted --
"
(2a) Service charges --
(a) shall be due and payable 30 days after the
5 notice of assessment of the service charge is
served; and
(b) when payable are a debt due to the Crown
payable --
(i) to the chief executive officer; or
10 (ii) where pursuant to arrangements made
under this section notice of assessment
of the service charge is served by a local
government, to the local government.
".
15 (3) Section 25B(3)(a) is amended by deleting "Her Majesty" and
inserting instead --
" the Crown ".
(4) Section 25B(6) is amended in paragraphs (a) and (b) by
inserting after "rates" in both places where it occurs --
20 " or service charges ".
(5) Section 25B(8) is amended by inserting after "rates" in both
places where it occurs --
" or service charges ".
10. Section 25C amended
25 (1) Section 25C(3)(b) is amended by inserting after "rates" --
" or service charges ".
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Soil and Land Conservation Amendment Bill 1998
s. 11
(2) After section 25C(3) the following subsection is inserted --
"
(3a) Any moneys for service charges credited to the Land
Conservation Districts Fund under subsection (3)(b)
5 shall be separately accounted for according to the land
conservation district to which they relate and the
purpose for which the service charge was imposed.
".
(3) Section 25C(4) is amended by deleting "Moneys" and inserting
10 instead --
" Subject to subsection (4a), moneys ".
(4) After section 25C(4) the following subsection is inserted --
"
(4a) Moneys for service charges standing to the credit of the
15 account maintained under subsection (1) may be
allocated by the chief executive officer, on the
recommendation of a district committee, for the
purpose for which the charge was imposed.
".
20 11. Section 48 amended
After section 48(2)(f) the following paragraphs are inserted --
"
(g) the procedure to be followed before
recommending that a service charge be
25 imposed, including --
(i) the forward planning, costing and
consultation to be undertaken;
(ii) the public meetings to be held;
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Soil and Land Conservation Amendment Bill 1998
s. 11
(iii) the notifications to be given; and
(iv) the reports to be given to the Minister;
(ga) the practices to be applied in the control and
management of, and accounting for, service
5 charges;
".
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