258Properties subject to tariff

258 Properties subject to tariff (1) A tariff that is based on the valuation of a property may only be set in relation to land that is rateable under section 154 of the **Local Government Act 1989**. S. 258(1A) inserted by No. 110/1997 s. 24(1), amended by No. 23/2019 s. 84. (1A) A tariff that is not based on the valuation of a property may only be set in relation to land that is not rateable under section 154 of the **Local Government Act 1989** and that is within a water supply district or a sewerage district of an Authority if the land is connected to the Authority's works. (2) For the purpose of applying section 154(2)(a) of the **Local Government Act 1989**, land which is the property of the Crown must be taken to be occupied if any housing on that land is in a habitable condition. S. 258(3) inserted by No. 85/2006 s. 107. (3) Subsection (1A) does not apply to Melbourne Water Corporation. S. 258(4) inserted by No. 85/2006 s. 107. (4) In relation to any tariff that may be set by Melbourne Water Corporation under this Division, land that is owned by a declared public statutory authority that is not used exclusively as public open space or as a park is deemed to be land that is rateable for the purposes of subsection (1). S. 258(5) inserted by No. 85/2006 s. 107. (5) For the purposes of subsection (4), the Governor in Council, by Order published in the Government Gazette, may declare a public statutory authority constituted under the laws of Victoria to be a declared public statutory authority. S. 258(6) inserted by No. 85/2006 s. 107. (6) Despite anything to the contrary in any other provision of this Act, the Treasurer, after consultation with the Minister responsible for a declared public statutory authority, may give his or her approval to Melbourne Water Corporation levying an amount in lieu of a fee under a tariff in respect of a financial year on land owned by the public statutory authority that, by operation of subsection (4), is deemed to be land that is rateable for the purposes of subsection (1). S. 258(7) inserted by No. 85/2006 s. 107. (7) The amount to be levied in lieu of a fee under a tariff in accordance with subsection (6) is the amount agreed between the public statutory authority and Melbourne Water Corporation or, in the absence of agreement, determined by the Treasurer. S. 258(8) inserted by No. 85/2006 s. 107. (8) An approval may only be given by the Treasurer under subsection (6) on the application of Melbourne Water Corporation. S. 258(9) inserted by No. 85/2006 s. 107. (9) For the purposes of section 281A an amount to be levied in lieu of fee under a tariff under this section is to be taken to be such a fee.