Western Australian Consolidated Acts Western Australian Consolidated Acts (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 his 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 him 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;
(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;
(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 by No. 42 of 1982
s. 28; amended by No. 46 of 1988 s. 20 and 21; No. 14 of
1996 s. 4; No. 4 of 1999 s. 7.]