Western Australian Consolidated Acts Western Australian Consolidated Acts (1) No rate or charge
for water supplied or agreed to be supplied shall be made or levied except in
accordance with a resolution of the water board submitted to and approved by
the Minister pursuant to section 92.
(2) Subject to this
section, the basic water rate applicable to any land shall not
exceed —
(a) in
the case of land to which section 92(2)(a) applies —
(i)
where the use classification under section 92(4) is
“domestic purposes” — 10 cents in the dollar on
the gross rental value; and
(ii)
in any other case — such other rate in
the dollar, or such amount, as the Minister may in writing approve;
or
(b) in
the case of land to which paragraph (b) of section 92(2)
applies — 30 cents per hectare or 3 cents in the dollar on the
unimproved value of the land, whichever is the lesser, together with the fixed
charge referred to in that paragraph.
(3) Notwithstanding
subparagraph (i) of subsection (2)(a), a water board may, with the
approval of the Governor, and within such limit as the Governor may from time
to time determine, make and levy in any year in relation to the land referred
to in that subparagraph, a basic water rate not exceeding 15 cents in the
dollar on the gross rental value.
(4) Where the basic
water rate in respect of any land as assessed under section 92(2) would
yield less than an amount determined by the Minister by notice published in
the Government Gazette , the board may make and levy a minimum basic water
rate in respect of that land not exceeding the amount so determined by the
Minister, notwithstanding that if imposed under any other provisions of this
Act the rate payable in respect of that land might have been less.
(5) Where, pursuant to
an application in writing made to the board and signed by two-thirds of the
owners and occupiers of holdings of country land in an area defined in that
application (the applicants being owners or occupiers or partly owners or
partly occupiers of land comprising not less than one half of the land
concerned), a pipe is laid down by the board to supply water to the area the
annual basic water rate applicable to land in that area may exceed the
limitations imposed by this section but shall not exceed the limits specified
in the application.
(6) The Minister, by
notice published in the Government Gazette , may determine the maximum amount
of the basic water rate to be payable in respect of any land or holding or any
classification under section 92(4), or in relation to any matter or
circumstances therein specified, and where the basic water rate assessed and
computed in accordance with this Act would yield an amount in excess of that
computed in accordance with the notice so published —
(a) the
basic water rate payable is fixed at the amount computed in accordance with
the notice; and
(b) in
respect to the rating year to which the notice applies, the assessment of
basic water rate on land affected by the notice shall be deemed to have been
amended accordingly,
and any such
determination of an amount may be made by reference to a percentage of the
basic water rate payable in respect of a rating year specified in the notice.
[Section 93 inserted by No. 25 of 1985
s. 352.]