330Transitional provisions for removal of power to set fees under tariffs

330 Transitional provisions for removal of power to set fees under tariffs (1) Subject to this section, any notice by a Catchment Management Authority declaring any land to be a serviced property for the purposes of this Act ceases to have effect on the commencement of the **Water (Waterway Management Tariffs) Act 1999**. (2) The commencement of the **Water (Waterway Management Tariffs) Act 1999** does not affect any right a Catchment Management Authority had before that commencement to set a tariff and impose a fee under Division 5 of Part 13 for any period before 1 July 1999, and the Authority may continue to collect any unpaid fee under a tariff which has been imposed in respect of a property before that commencement for any such period. (3) If a Catchment Management Authority has, before the commencement of the **Water (Waterway Management Tariffs) Act 1999**, set a tariff and imposed a fee under Division 5 of Part 13 for the period beginning on 1 July 1999 and ending on 30 June 2000, then— (a) if that fee or any part of that fee has been paid to the Authority, the Authority must repay the amount so paid to the person who paid it; and (b) if that fee or any part of that fee has not been paid to the Authority, the Authority is not entitled to collect it. (4) Any amount required to be repaid to a person under subsection (3)(a) is a debt due to the person by the Authority and may be recovered in a court of competent jurisdiction. (5) In this section ***Catchment Management Authority*** has the same meaning as in section 260A. S. 330A inserted by No. 85/2006 s. 129(2), repealed by No. 23/2019 s. 113. Ss 330B, 330C inserted by No. 17/2012 s. 67, repealed by No. 23/2019 s. 113. S. 331 inserted by No. 5/2002 s. 56 (as amended by No. 6/2002 s. 4(4)).