117BCharges

#### 117B Charges 117B Charges > > (1) In this section— > > > > prescribed area means an area for the time being declared to be a prescribed area under subsection (2). > > > > year, in relation to a prescribed area, or part of a prescribed area, means— > > > > > (a) a year commencing on 1 July, or > > > > > (b) if the Ministerial Corporation by order published in the Gazette specifies a different year for the prescribed area or part of a prescribed area—the specified year. > > > (1A) Where the year relating to an existing prescribed area, or part of an existing prescribed area, is changed, the order making the change may also make provision for the transitional arrangements leading to the change. > > > (2) The Ministerial Corporation may, by order published in the Gazette, declare that as from— > > > > > (a) the date of publication of the order, or > > > > > (b) a later date specified in the order, > > > > any sub-surface water basin, or any part thereof, shall be a prescribed area for the purposes of this section. > > > (3) The Ministerial Corporation may, by order published in the Gazette, at any time— > > > > > (a) vary, whether as to the whole or any part, or revoke the order of any prescribed area, or > > > > > (b) amend the boundaries of any prescribed area. > > > (4) The licensee of any bore within a prescribed area shall, subject to and in accordance with this section and even if the licence is suspended, pay a charge for the right to take and use water from the bore in addition to the fee payable for the licence. > > > (5) The charge payable under subsection (4) shall— > > > > > (a) subject to subsection (7), be fixed by the Ministerial Corporation from time to time, > > > > > (b) be paid— > > > > > > > (i) in respect of each whole year during which the bore is within the prescribed area, or > > > > > > > (ii) where the bore is not within the prescribed area for a whole year—in respect of the part of a year during which the bore is within the prescribed area, > > > > > (c) be calculated at a rate not greater than the maximum rate which shall be prescribed according to— > > > > > > > (i) the area in which the bore is situated, or > > > > > > > (ii) the purpose for which the water taken from the bore is used, > > > > > (d) be paid at the prescribed times and in the prescribed manner, > > > > > (e) be on the basis of a fixed charge or on the basis of the quantity of water taken from the bore (or a combination of both), and > > > > > (f) to the extent of a minimum annual amount fixed by the Ministerial Corporation, be payable even if the bore to which the licence relates is not used or the licence is suspended. > > > (6) The Ministerial Corporation may, under subsection (5), fix different charges in respect of different bores or different charges in respect of the same bore, as the case may require, having regard to any one or more of the following factors— > > > > > (a) the area in which a bore is situated, > > > > > (b) the purpose for which water taken from a bore is used, > > > > > (c) the quantity of water taken from a bore. > > > (7) Where the Ministerial Corporation varies the amount it has fixed as the charge payable under subsection (4), the variation shall take effect on such date as the Ministerial Corporation may determine. > > > (8) If the holder of a licence fails to pay the charge required under this section within the prescribed period, the Ministerial Corporation may suspend the licence until the charge is paid. > > > (8A) Any amount due and unpaid under subsection (4)— > > > > > (a) bears interest on a daily basis at the prescribed rate until paid, even if judgment for the amount has been given by a court, and > > > > > (b) is, together with any such interest, recoverable as a debt due and payable to the Ministerial Corporation by the lawful occupier of the land on which the bore is situated. > > > (8B) A payment made in respect of a charge payable under subsection (4) shall be applied first in payment of any interest borne by the charge. > > > (9) The Ministerial Corporation may remit or waive the payment in any year of any charge paid or payable under this section. > > **s 117B:** Ins 1984 No 66, Sch 1 (3). Am 1986 No 196, Sch 4 (2); 1989 No 226, Sch 1; 1997 No 63, Sch 1 \[9\]; 1997 No 128, Sch 1 \[12\].