Western Australian Consolidated Acts

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AGRICULTURE AND RELATED RESOURCES PROTECTION ACT 1976 - SECT 63

63 .         Assessment, payment and recovery

        (1)         Where a rate is imposed under section 60 or 61 in respect of a financial year the Commissioner shall assess the amount payable by way of rates under that section on and in relation to all land to which the rate applies and the rates so assessed are payable by the person who was the owner of the land at noon on the 30 June immediately preceding that financial year.

        (2)         For the purposes of subsection (1) the Commissioner may, by one assessment, assess both the rates payable on and in relation to land under section 60 and the rate (if any) payable on and in relation to that land under section 61.

        (3)         Rates assessed under section 60 or 61 shall, subject to this Act, be due and payable 30 days after the service by post of a notice of assessment.

        (3a)         When rates assessed under section 60 or 61 are due and payable — 

            (a)         they are a debt due to the Protection Board and payable to the Commissioner;

            (b)         they may be sued for and recovered by the Commissioner suing on behalf of the Protection Board; and

            (c)         Part 6 Division 2 of the Taxation Administration Act 2003 applies to and in relation to them as if they were land tax assessed by the Commissioner.

        (4)         The Commissioner may, with the approval of the Protection Board, write off arrears of rates assessed and due on and in relation to land under section 60.

        (5)         The Commissioner may, with the approval of the Protection Board and the authority of the zone in which land is situated, write off arrears of rates assessed and due on and in relation to that land under section 61.

        (6)         Notwithstanding anything contained in any other law, for the purposes of this Act the amount of rates treated as having been recovered by the Commissioner under section 60 or 61 in a financial year shall be the amount of the rates which becomes payable in that financial year under that section.

        [Section 63 amended by No. 22 of 1980 s. 4; No. 45 of 2002 s. 7(3); No. 6 of 2006 s. 7.]



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