Subdiv 8Scheme contributions

Subdivision 8—Scheme contributions 176—Application of Subdivision (1) This Subdivision applies in order to raise contributions for the purposes of a scheme that is undertaken under this Division. (2) The contributions will apply in relation to an area of the State designated as a contribution area by the relevant funding arrangement established under Subdivision 6. (3) To avoid doubt, a contribution area under a scheme may overlap with a contribution area under another scheme. (4) In a case where subsection (3) applies, the relevant contributions will be collected separately and the succeeding provisions of this Subdivision will apply accordingly. 177—Contributions by constituent councils (1) If this Subdivision applies in relation to a contribution area, the council or councils whose areas or parts of whose areas fall within the contribution area (the constituent councils) are responsible to make a contribution under this Subdivision based on an amount specified by the Minister in accordance with this Subdivision in respect of each financial year with respect to which this Subdivision applies. (2) Subject to this section, liability for the amount to be contributed by constituent councils will be shared between them— (a) if the charge under section 180 is based on the value of rateable land— (i) unless subparagraph (ii) or (iii) applies, in the proportions that the capital value of the rateable land in the contribution area is distributed amongst the areas of the councils (and this subparagraph applies despite the fact that an individual council uses a different basis to impose the charge); (ii) if all of the constituent councils base their general rates on the site value of land—in the proportions that the site value of the rateable land in the contribution area is distributed amongst the areas of the councils; (iii) if all of the constituent councils base their general rates on the annual value of land—in the proportions that the annual value of the rateable land in the contribution area is distributed amongst the areas of the councils; (b) if the charge is a fixed amount on all rateable land—in proportion to the number of rateable properties situated in the area of each council (being properties also situated in the contribution area); (c) if the charge is a fixed amount that depends on the purpose for which rateable land is used—in proportion to the number of rateable properties used for each relevant purpose that are in the area of each council and also in the contribution area; (d) if the charge is based on the area of rateable land—in the proportions that the area of the rateable land in the contribution area is distributed amongst the areas of the councils; (e) if the charge is based on the purpose for which rateable land is used and the area of rateable land—in the proportions that the area of the rateable land in the contribution area that is used for each purpose is distributed amongst the areas of the councils; (f) if the charge is based on the location of rateable land—in proportion to the number of rateable properties situated within the location or locations in the area of each council (being properties also situated in the contribution area). (3) The Minister may, in connection with the operation of subsection (2), determine that there should be differentiating factors applied with respect to the calculation of the respective shares of the constituent councils taking into account any matter prescribed by the regulations and make adjustments to the shares that the constituent councils would otherwise contribute on the basis of these factors. (4) The share of each council will be determined by the Minister after consultation with the council and the scheme coordinator. (5) A council must, at the request of the Minister, supply the Minister with information in the possession of the council to enable the Minister to determine shares under subsections (2) and (3). (6) The Minister must cause notice of the determination of a council's share to be given to the council and to be published in the Gazette. (7) A regulation cannot be made for the purposes of this section unless the Minister has given the LGA notice of the proposal to make a regulation under this section and given consideration to any submission made by the LGA within a period (of at least 21 days) specified by the Minister. (8) In this section— rateable land means rateable land under the Local Government Act 1999. 178—Payment of contributions (1) A council's share of the amount to be contributed by the constituent councils is payable by the council in approximately equal instalments on 30 September, 31 December, 31 March and 30 June in the year to which the contribution relates in accordance with a determination of the Minister and interest accrues on any amount unpaid at the rate and in the manner prescribed by regulation. (2) An amount payable by a council under this section and any interest that accrues in respect of that amount is recoverable as a debt in accordance with a scheme prescribed by the regulations. 179—Funds may be expended in subsequent years To avoid doubt, if an amount paid by a council under this Subdivision is not spent in the financial year in respect of which it was paid, it may be spent in a subsequent financial year. 180—Imposition of charge by councils (1) In order to reimburse itself for the amounts contributed (or to be contributed) under this Subdivision, a council must impose a charge on rateable land in the contribution area. (2) A charge must be consistent with— (a) the funding arrangement established under Subdivision 6; and (b) any determination or direction of the Minister. (3) Except to the extent that the contrary intention appears, Chapter 10 of the Local Government Act 1999 applies to and in relation to a charge as if it were a separate rate under that Chapter. (4) Without limiting the operation of any other provision of this Act, the following provisions apply with respect to the application of Chapter 10 of the Local Government Act 1999 to and in relation to a charge: (a) section 154(1), (2) and (4) of that Act will not apply in relation to the charge and the basis for the charge will be chosen from the following (as set out in the relevant funding arrangement): (i) the value of rateable land; or (ii) a fixed charge of the same amount on all rateable land; or (iii) a fixed charge of an amount that depends on the purpose for which rateable land is used; or (iv) the area of rateable land; or (v) the purpose for which rateable land is used and the area of the land; or (vi) the location of rateable land; (b) if the value of rateable land is the basis for the charge under paragraph (a), a council must use capital value, site value or annual value as the basis to impose the charge; (c) if a fixed charge is the basis for the charge under paragraph (a), then section 152 of that Act will apply subject to any modifications prescribed by the regulations; (d) if relevant, the purposes for which land is used that may be the basis for the charge under paragraph (a) will be purposes prescribed by the regulations; (e) despite section 154(6) of that Act, a charge under this Subdivision may be declared more than 1 month before the commencement of a financial year to which the charge relates; (f) section 151(5) of that Act will not apply in relation to the charge; (g) section 156 of that Act will apply (subject to the use of any differentiating factor under paragraph (a)); (h) any other section, or part of any other section, of that Act prescribed by the regulations will not apply in relation to the charge; (i) the regulations may modify the operation of Chapter 10 of that Act in any other respect. (5) To avoid doubt, nothing in subsection (4) prevents the operation of section 158 of the Local Government Act 1999. (6) A charge is not invalid because it raises more or less than the amount that the council must contribute under this Subdivision. (7) If a council incurs costs in recovering a charge as a debt, the council is entitled to claim the reimbursement of those costs (insofar as they are reasonable) from the relevant fund established under Subdivision 9. (8) A regulation cannot be made for the purposes of this section unless the Minister has given the LGA notice of the proposal to make a regulation under this section and given consideration to any submission made by the LGA within a period (of at least 21 days) specified by the Minister. 181—Costs of councils (1) A council is entitled to be paid an amount determined in accordance with the regulations on account of the costs of the council in complying with the requirements of this Subdivision. (2) Regulations made for the purposes of subsection (1) may— (a) provide a method or methods by which a council's costs are to be determined, including by the use of estimates or prescribed amounts in prescribed circumstances; and (b) limit any calculation of costs to amounts prescribed as fair costs. (3) A payment under subsection (1) must be paid in accordance with the regulations. (4) A regulation cannot be made for the purposes of this section unless the Minister has given the LGA notice of the proposal to make a regulation under this section and given consideration to any submission made by the LGA within a period (of at least 21 days) specified by the Minister.