South Australian Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Download] [Help]

ASER (RESTRUCTURE) REGULATIONS 1998 - SCHEDULE 2

Schedule 2—Compulsory contributions

1—Basis of contribution

        (1)         Subject to subclause (2), the basis of contribution by stakeholders in respect of each of the categories of cost incurred by the Corporation set out in the table in this Schedule is according to the percentages set out in the table.

        (2)         The basis of contribution by stakeholders in respect of electricity consumed (chilled water system) cost is that the cost is to be shared amongst the stakeholders using the chilled water facility in the proportion that the relative benefits derived by the respective stakeholders from the chilled water facility bear to one another.

2—Remission of rates and taxes to taxing or rating authority

The Corporation must forthwith remit any amount collected as a contribution from a stakeholder in respect of rates and taxes to the taxing or rating authority or to the Treasurer (as the case may require).

3—Interpretation

In this Schedule—

chilled water (shared facilities) cost means the cost incurred by the Corporation in the operation, inspection, repair, maintenance, renewal, replacement and insurance of shared facilities used or held for use for the purposes of the provision of chilled water for use in air-conditioning and the maintenance and insurance of plant rooms housing such shared facilities to the extent that the cost of the maintenance and insurance of such plant rooms is not included in the electric power (shared facilities) cost (also including consumed fuels but excluding water and electricity consumed in the manufacture of chilled water);

electricity consumed (chilled water system) cost means the cost incurred by the Corporation in the consumption by it of electric power used in providing chilled water in air-conditioning;

electric power (shared facilities) cost means the cost incurred by the Corporation in the operation, inspection, repair, maintenance, renewal, replacement and insurance of shared facilities used or available for use in the provision of electric power (including the maintenance and insurance of plant rooms housing such shared facilities);

emergency power (shared facilities) cost means the cost incurred by the Corporation in the operation, inspection, repair, maintenance, renewal, replacement and insurance of shared facilities used or available for use solely in the provision of emergency electric power (including the maintenance and insurance of plant rooms housing such shared facilities);

fire protection service (shared facilities) cost means the cost incurred by the Corporation in the operation, inspection, repair, maintenance, renewal, replacement and insurance of shared facilities used or held for use for the purposes of a fire protection service and the maintenance and insurance of plant rooms housing such shared facilities to the extent that the cost of the maintenance and insurance of such plant rooms is not included in the electric power (shared facilities) cost or chilled water (shared facilities) cost;

general insurance (maintenance of common area) cost means the cost incurred by the Corporation in the insurance of the following parts of the common area: the plaza paving, drainage facilities, garden plots, landscaped areas, garden watering facilities, canopies and artworks;

insurance , in relation to the shared facilities, parts of the common area or plant rooms (but not in relation to public liability insurance), means insurance against the risks referred to in regulation 17(2);

maintenance of common area cost means the cost incurred by the Corporation in the management, repair, maintenance and cleaning of the following parts of the common area: the plaza paving, drainage facilities, garden plots, landscaped areas, garden watering facilities, canopies and artworks;

maintenance of structural elements cost means the cost incurred by the Corporation in the management, repair, maintenance, replacement and insurance of the following to the extent that they are part of the common area: the plaza slabs and the piles, pile caps, structural columns and walls supporting the plaza slabs;

other costs and expenses means the cost incurred by the Corporation in carrying out its activities to the extent that the cost is not otherwise included in a category of costs under this Schedule;

other shared facilities cost means the cost incurred by the Corporation in the operation, inspection, repair, maintenance, renewal, replacement and insurance of shared facilities to the extent that the cost is not otherwise included in electric power (shared facilities) cost, emergency power (shared facilities) cost, fire protection service (shared facilities) cost, chilled water (shared facilities) cost, public liability insurance (leased areas, common area and shared facilities) cost, electricity consumed (chilled water system) cost or water consumed (chilled water system) cost;

public liability insurance (leased areas, common area and shared facilities) cost means the cost incurred by the Corporation in the provision of public liability insurance in respect of those parts of subsidiary sites leased or sub-leased to the Corporation, the common area and the shared facilities;

rates and taxes includes—

            (a)         rates and taxes payable by TransAdelaide under section 29(1) of the Public Corporations Act 1993 ;

            (b)         amounts payable to the Treasurer for the credit of the Consolidated Account pursuant to section 29(2) of the Public Corporations Act 1993 determined by the Treasurer from time to time to be the equivalent of rates that TransAdelaide would be liable to pay to the Corporation of the City of Adelaide if TransAdelaide were not an instrumentality of the Crown;

rates and taxes cost means the cost incurred by TransAdelaide or the Corporation in the payment of rates and taxes in respect of the common area (to the extent that such payment is not specifically provided for in a lease or other document);

security of the common area cost means the cost incurred by the Corporation in respect of the security of the common area;

water consumed (chilled water system) cost means the cost incurred by the Corporation in the payment for water consumed by the Corporation in the operation of the chilled water system and cooling tower.

4—Compulsory contributions to ASER Services Corporation

Note—

This clause is comprised of a table—see the next page.



Chilled water (shared facilities) cost

Electricity consumed (chilled water system) cost

Electric power (shared facilities) cost

Emergency power (shared facilities) cost

Fire protection service (shared facilities) cost

General insurance (maintenance of common area) cost

Maintenance of common area cost

Maintenance of structural elements cost

Public liability insurance (lease areas, common area and shared facilities) cost

Rates and taxes cost

Security of common area cost

Water consumed (chilled water system) cost

Other shared facilities cost

Other costs and expenses

Stakeholder 1
(Hotel)

34.8%

see cl 1(2)

31.4%

52.4%

29.7%

29.3%


29.3%

29.3%

29.3%

6.0%

59.5%

32.0%

29.3%

Stakeholder 2
(Convention Centre)

25.9%

see cl 1(2)

24.2%

9.6%

7.8%

27.0%

100%

27.0%

27.0%

27.0%

85.0%

12.4%

27.0%

27.0%

Stakeholder 3
(Northern Car Park)


see cl 1(2)

9.6%

9.2%

5.0%

11.0%


11.0%

11.0%

11.0%



11.0%

11.0%

Stakeholder 4
(Southern Car Park)


see cl 1(2)

1.4%

1.3%

0.7%

2.0%


2.0%

2.0%

2.0%



2.0%

2.0%

Stakeholder 5
(Exhibition Hall)


see cl 1(2)



4.0%










Stakeholder 6
(Exhibition Hall Car Park)


see cl 1(2)



1.0%










Stakeholder 7
(Riverside Building)

39.3%

see cl 1(2)

26.0%

19.7%

28.7%

25.7%


25.7%

25.7%

25.7%

3.0%

28.1%

28.0%

25.7%

Stakeholder 8
(Adelaide Station)


see cl 1(2)

2.4%

7.8%

18.1%










Stakeholder 9
(Casino)


see cl 1(2)

5.0%


5.0%

5.0%


5.0%

5.0%

5.0%

6.0%



5.0%



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback