South Australian Consolidated Acts

WATERWORKS ACT 1932 - SECT 109B

109B—Capital contribution where capacity of waterworks increased

        (1)         Where the Minister has decided to increase the capacity of the waterworks to cater for future demand for the supply of water in a particular area and—

            (a)         the decision was made in response to an application for development authorisation for the division of land in that area; or

            (b)         the decision was made in response to such an application or for any other reason and a person applies for development authorisation for the division of land in that area at any time after the Minister made the decision,

the applicant is liable to make a contribution to the Minister towards the cost of increasing the capacity of the waterworks.

        (2)         The amount of the contribution is an amount equivalent to that part of the cost of increasing the capacity of the waterworks that should, in the Minister's opinion, be attributed to the additional demand for the supply of water resulting from the division.

        (3)         If a proposed division of land does not proceed because—

            (a)         the application for development authorisation lapses or is withdrawn; or

            (b)         development authorisation for the division is refused or is subject to conditions that are unacceptable to the applicant,

any contribution paid to the Minister under this section must be refunded by the Minister.

        (4)         In this section—

"cost" of increasing the capacity of the waterworks means the estimated cost, or if the required work has been completed, the actual cost of the increase;

"development authorisation" means a development authorisation within the meaning of the Development Act 1993 and includes a planning authorisation within the meaning of the Planning Act 1982 and a certificate of approval issued under Part 2 Division 5 of the Strata Titles Act 1988 ;

"division" of land means division under Part 19AB of the Real Property Act 1886 or by community plan under the Community Titles Act 1996 or by strata plan under the Community Titles Act 1996 or the Strata Titles Act 1988 .