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Water Act 1989
337Certain land taken to be serviced property
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337 Certain land taken to be serviced property
(1) Within 12 months of the serviced property commencement—
(a) an Authority may—
(i) identify land as serviced property for the purposes of Part 8, 9, 10 or 11; and
(ii) lodge a plan in the Central Plan Office under this section showing the identified land; and
(b) as soon as practicable after the plan is lodged in the Central Plan Office under subsection (1), the Authority must publish notice of the plan in the Government Gazette.
(2) Any land identified in the plan notified in the Government Gazette under subsection (1)(b)—
(a) as serviced property for the purposes of Part 8 is taken to be land declared to be serviced property by the Authority under section 144(1)(a); or
(b) as serviced property for the purposes of Part 9 is taken to be land declared to be serviced property by the Authority under section 144(1)(b); or
(c) as serviced property for the purposes of—
(i) water delivery services to the land under Part 11 is taken to be land declared to be serviced property by the Authority under section 144(1)(c)(i); or
(ii) irrigation drainage or salinity mitigation services under Part 11 in relation to the land or that directly benefit the land, is taken to be serviced property by the Authority under section 144(1)(c)(ii); or
(d) as serviced property for the purposes of Part 10 is taken to be land declared to be serviced property by the Authority under section 144(1)(d).
(3) For the purposes of this section, land may be identified as serviced property in a plan lodged under subsection (1) by an Authority if—
(a) for Part 8, the land—
(i) is within the water supply district of the Authority; and
(ii) the Authority has made provision for water supply services to the land; and
(iii) the Authority identifies the land on the plan lodged under this section as land to which the services have been provided; and
(iv) the Authority has imposed or purported to impose fees under a tariff under section 259 for the provision of those services to that land for 2 years or more before the serviced property commencement; or
(b) for Part 9, the land—
(i) is within the sewerage district of the Authority; and
(ii) the Authority has made provision for sewerage services to the land; and
(iii) the Authority identifies the land on a plan prepared under this section as land to which the services have been provided; and
(iv) the Authority has imposed or purported to impose fees under a tariff under section 259 for the provision of those services to that land for 2 years or more before the serviced property commencement; or
(c) for Part 11, the land—
(i) is within the irrigation district of the Authority; and
(ii) the Authority has made provision for—
(A) water delivery services to the land; or
(B) irrigation drainage or salinity mitigation services in relation to the land or that directly benefit the land; and
(iii) the Authority identifies the land on a plan prepared under this section as land for which the Authority has made provision for those services; and
(iv) the Authority has imposed or purported to impose fees under a tariff under section 259 for the provision of those services to that land for 2 years or more before the serviced property commencement; or
(d) for Part 10, the land—
(i) is within the waterway management district of the Authority; and
(ii) the Authority has made provision for regional drainage or floodplain management services that are of direct benefit to the land; and
(iii) the Authority identifies the land on a plan prepared under this section as land for which the Authority has made provision for those services; and
(iv) the Authority has imposed or purported to impose fees under a tariff under section 259 for the provision of those services to that land for 2 years or more before the serviced property commencement.
S. 338 inserted by No. 23/2019 s. 99.
338 Certain properties taken to have been serviced properties for the purposes of fees for services under Parts 8, 9, 10 and 11
This Act is taken to have applied to any fee to which section 337(3)(a)(iv), (b)(iv), (c)(iv) or (d)(iv) applies as if, at the time at which the fee was imposed or purported to be imposed and for the period to which the fee was related or purported to be related, the property was serviced property.
Division 2—Validation of charges in relation to salinity mitigation
S. 339 inserted by No. 23/2019 s. 99.