South Australian Consolidated Acts

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SEWERAGE ACT 1929 - SECT 78

78—Liability for rates

        (1)         Whenever a sewer has been laid down by the Corporation in a drainage area, the Corporation must cause notice of that fact to be published in the Gazette.

        (2)         As from the payment day next ensuing after the expiration of seven days from the day on which that notice is published, sewerage rates are, subject to section 78AAA, payable according to the appropriate scale for the time being in force in respect of all land within the drainage area that could in the opinion of the Corporation, by means of drains, be drained by the sewer.

        (3)         A notice of the kind contemplated by this section published under this Act, as in force before the commencement of the Sewerage Act Amendment Act 1970 , shall be deemed to be a notice published under this section in all respects as if this section had been in force when the notice was published.

        (4)         Where sewerage rates have become payable in respect of any land within a drainage area the rates shall not cease to be so payable by reason of any alteration of drainage areas in consequence of which the land becomes situated within a different drainage area.

        (5)         In any proceedings under this Act, objection shall not be allowed on the ground that a notice under this section is invalid or inoperative by reason of an error or inaccuracy contained therein if the court before which the proceedings are brought is satisfied that, notwithstanding that error or inaccuracy, the meaning and effect of that notice is clear.

        (6)         Where a notice has been published under this section before the declaration of the area in which the sewer has been laid down as a drainage area, the notice shall be deemed to have been published immediately after that declaration.



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