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SOIL AND LAND CONSERVATION ACT 1945 - SECT 25A

SOIL AND LAND CONSERVATION ACT 1945 - SECT 25A

25A .         Imposition of rate or service charge

        (1)         Subject to subsections (6) and (7) the Minister acting on the recommendation of the district committee for a land conservation district may, by notice published in the Gazette , impose a rate in respect of that district or such part of that district as is specified in the notice, and where a rate is so imposed rates shall be assessed, collected and paid on land in accordance with this Division at the rate so imposed.

        (1a)         Subject to subsections (7) and (8) and to section 25AA 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 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)         Different rates or service charges may be imposed under subsection (1) or (1a) in respect of different parts of a district.

        (3)         Subject to subsection (5) a rate imposed under subsection (1) applies to all land within the land conservation district or part of a land conservation district, as the case may be, that is at the time of the imposition of the rate rateable land in a local government district for the purposes of Part 6 of the Local Government Act 1995 and the amount payable by way of rates on any land —

            (a)         shall be assessed on the gross rental value of that land or unimproved value of that land, as the case may be, shown at that time in the rate record of the local government of that district; and

            (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.

        (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 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

            (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.

        (4)         Subject to subsection (7) the Minister acting on the recommendation of the district committee for a land conservation district may, by notice published in the Gazette classify land within the district or a part of the district for the purposes of this Division and may, by notice so published, alter, vary, revoke or substitute any such notice.

        (5)         Subject to subsection (7) where a classification has been made under subsection (4) the Minister acting on the recommendation of the district committee may, in the exercise of the Minister’s powers under subsection (1) or (1a) —

            (a)         impose different rates or service charges in respect of different classes of land;

            (b)         exempt a class of land from the application of a rate or a service charge.

        (6)         A rate imposed in respect of land under subsection (1) shall not itself exceed and shall not when aggregated with any other rate or rates imposed under that subsection in respect of the same land in the same financial year exceed —

            (a)         6 cents in the dollar of the value of the land as referred to in subsection (3)(a) where that value is the gross rental value of the land;

            (b)         2 cents in the dollar of the value of the land as referred to in subsection (3)(a) where that value is the unimproved value of the land.

        (7)         Before exercising any power conferred on the Minister by this section the Minister shall consult with the local government of each district that is wholly or in part comprised within the land conservation district, or part of a land conservation district, in respect of which the power is proposed to be exercised.

        (8)         Before imposing a service charge the Minister is to 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.

        (9)         The steps that are prescribed for the purposes of subsection (8) in relation to a proposed service charge are to include —

            (a)         the holding of one or more public meetings for the consideration of the service charge by persons who would be required to pay it and who attend such a meeting; and

            (b)         the placing of prescribed information before any such public meeting; and

            (c)         the giving of an opportunity to persons referred to in paragraph (a) to vote at a public meeting for or against the service charge or otherwise to express their views.

        (10)         Regulations made as mentioned in subsection (9)(a) in relation to public meetings are to include —

            (a)         requirements to be observed in connection with the calling of any public meeting, including a requirement to give public notice of the meeting; and

            (b)         provision as to the chairperson; and

            (c)         provision for the procedures to be followed, including provisions for a quorum and in respect of voting.

        (11)         The imposition of a service charge is of no effect if any prescribed step is not taken or is not taken in accordance with the regulations.

        [Section 25A inserted: No. 42 of 1982 s. 28; amended: No. 46 of 1988 s. 20 and 21; No. 14 of 1996 s. 4; No. 4 of 1999 s. 7; No. 19 of 2022 s. 17.]