sec.115Levying special rates or charges

sec.115 Levying special rates or charges

MEDQ may make and levy on owners or occupiers of rateable land in a priority development area, or rateable land that is PDA-associated land for a priority development area, a special rate or charge on the land if— the rate or charge is for a service, facility or activity provided by MEDQ, or by a local government or someone else at MEDQ’s request; and in MEDQ’s opinion— the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity. The special rate or charge may be made and levied on the bases MEDQ considers appropriate. See also section 117 in relation to the recovery of a special rate or charge. MEDQ may fix a minimum amount of the special rate or charge. Without limiting subsection (2) , the amount of the special rate or charge may vary according to the extent to which, in MEDQ’s opinion— the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity. MEDQ’s instrument making the special rate or charge must identify— the rateable land to which the rate or charge applies; and the overall plan for the supply of the service, facility or activity. The overall plan must— be adopted by MEDQ either before, or at the same time as, MEDQ first makes the special rate or charge; and identify the rateable land to which the rate or charge applies; and describe the service, facility or activity; and state the estimated cost of implementing the overall plan; and state the estimated time for implementing the overall plan. MEDQ may identify parcels of rateable land to which the rate or charge applies in any way MEDQ considers appropriate. Subsection (1) is taken to have been complied with if the special rate or charge is made and levied on— all rateable land that, at the time of making and levying the rate or charge, could reasonably be identified as land on which the rate or charge may be made and levied; or all rateable land on which the rate or charge may be made and levied, other than land accidentally omitted. s 115 amd 2014 No. 40 s 16 ; 2016 No. 17 s 113 (sec.115-ssec.1) MEDQ may make and levy on owners or occupiers of rateable land in a priority development area, or rateable land that is PDA-associated land for a priority development area, a special rate or charge on the land if— the rate or charge is for a service, facility or activity provided by MEDQ, or by a local government or someone else at MEDQ’s request; and in MEDQ’s opinion— the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity. (sec.115-ssec.2) The special rate or charge may be made and levied on the bases MEDQ considers appropriate. See also section 117 in relation to the recovery of a special rate or charge. (sec.115-ssec.3) MEDQ may fix a minimum amount of the special rate or charge. (sec.115-ssec.4) Without limiting subsection (2) , the amount of the special rate or charge may vary according to the extent to which, in MEDQ’s opinion— the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity. (sec.115-ssec.5) MEDQ’s instrument making the special rate or charge must identify— the rateable land to which the rate or charge applies; and the overall plan for the supply of the service, facility or activity. (sec.115-ssec.6) The overall plan must— be adopted by MEDQ either before, or at the same time as, MEDQ first makes the special rate or charge; and identify the rateable land to which the rate or charge applies; and describe the service, facility or activity; and state the estimated cost of implementing the overall plan; and state the estimated time for implementing the overall plan. (sec.115-ssec.7) MEDQ may identify parcels of rateable land to which the rate or charge applies in any way MEDQ considers appropriate. (sec.115-ssec.8) Subsection (1) is taken to have been complied with if the special rate or charge is made and levied on— all rateable land that, at the time of making and levying the rate or charge, could reasonably be identified as land on which the rate or charge may be made and levied; or all rateable land on which the rate or charge may be made and levied, other than land accidentally omitted.