South Australian Consolidated Regulations South Australian Consolidated Regulations6—Differentiating factors—section 92
(1) This regulation
applies in relation to the 2006/2007 and 2007/2008 financial years.
(2) For the purposes
of applying subsection (3) of section 92 of the NRM Act in respect
of a financial year to which this regulation applies, the following are
prescribed as matters to be taken into account by the Minister (if the
Minister determines to act under that subsection in relation to the
constituent councils of a particular region), namely—
(a) that
the respective shares of those constituent councils with respect to the amount
to be paid to the relevant regional NRM board under the board's regional NRM
plan may be adjusted so that the share of each council in respect of the
financial year (after taking into account any adjustment under
paragraph (b)) is approximately equal to the amount contributed (or to be
contributed) by the council to the board under Part 8 Division 2 of the Water
Resources Act 1997 in relation to the 2005/2006 financial year, as
provided by regulation 5, plus any amount paid (or to be paid) by the
council to the board under the scheme established by section 36 of the
Animal and Plant Control (Agricultural Protection and Other Purposes)
Act 1986 in relation to the 6 month period ending on
31 December 2005 and the 6 month period ending on
30 June 2006, as provided by clause 55 of Schedule 4 of
the NRM Act, with each of these amounts being adjusted to take into account
increases in the CPI—
(i)
during the 12 months ending on
30 September 2005 for the 2006/2007 financial year; and
(ii)
during the 24 months ending on 30 September 2006 for the
2007/2008 financial year;
(b)
insofar as the relevant regional NRM board must recover amounts to cover its
liabilities under section 96 of the Act, that the respective shares of
those constituent councils with respect to the amount to be paid to the board
under the board's regional NRM plan may be adjusted so that the share of each
council in respect of the financial year—
(i)
takes into account the amount (if any) that the council
is intending to recover under section 96 of the Act in relation to the
financial year; or
(ii)
takes into account the number of rateable properties in
the area of each council (being properties that are also situated in the
relevant NRM region).
(3) For the purposes
of applying subsection (3) of section 92 of the NRM Act in respect
of the 2007/2008 financial year, the following are prescribed as additional
matters to be taken into account by the Minister (if the Minister decides to
act under that subsection in relation to the constituent councils of a
particular region), namely—
(a) that
the respective shares of those constituent councils with respect to the amount
to be paid to the relevant regional NRM board under the board's regional plan
may be adjusted so that the share of each council in respect of the 2007/2008
financial year is approximately equal to the amount contributed (or to be
contributed) by the council in relation to the 2006/2007 financial year,
adjusted to take into account increases to the CPI during the 12 months
ending on 30 September 2006; and
(b)
that, in relation to the City of Port Lincoln and The Corporation of the City
of Whyalla, the amount to be contributed by either council may be adjusted so
that the share of the council in respect of the 2007/2008 financial year is
approximately equal to an amount obtained by multiplying the number of pieces
of rateable land in the area of the relevant council (as notified to the
Minister by the council for the purposes of Chapter 5 Part 1
Division 1 of the NRM Act for the 2007/2008 financial year) by $37.