Sea Installations Levy Act 1987

No. 103 of 1987

An Act to impose a levy in respect of certain sea installations

[Assented to 6 November 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Sea Installations Levy Act 1987.

Commencement

2. This Act shall come into operation on the day on which the Sea Installations Act 1987 receives the Royal Assent.

Incorporation of Sea Installations Act

3. The Sea Installations Act 1987 is incorporated, and shall be read as one, with this Act.

Interpretation

4. In this Act, “installation levy” means levy imposed by this Act.

Act to bind Crown

5. This Act binds the Crown in right of each of the States, of the Northern Territory and of Norfolk Island.

Imposition of levy

6. Subject to section 7, where a sea installation:

(a) is being kept installed in an adjacent area in accordance with a permit on a day that is the anniversary of the grant of the permit; and

(b) is being, or has been, used for an environment related activity; levy is imposed in respect of the installation on that day.

Exemption from levy

7. Installation levy is not payable in respect of a sea installation:

(a) in relation to which an exemption certificate is in force; or

(b) that is included in a class of sea installations declared by the regulations to be exempt from levy.

Rate of levy

8. (1) The rate of installation levy imposed in respect of a sea installation on a day is such rate calculated in accordance with the regulations as is declared by the regulations to apply to the class of sea installations that includes that sea installation.

(2) Without limiting the generality of subsection (1), a class of sea installations to which a rate of levy calculated in accordance with the regulations applies may be:

(a) sea installations used wholly or principally for particular activities;

(b) sea installations, or specified sea installations, in a particular adjacent area; or

(3) The rate of installation levy imposed in respect of the sea installation on a particular day shall not exceed:

(a) if the installation has not been operated in accordance with a permit as, or as part of, a commercial enterprise at any time during the year preceding that day—20% of the market value of the installation on that day as determined under section 70 of the Sea Installations Act 1987; or

(b) if the sea installation has been so operated at any time or times during the year preceding that day—the higher of:

(i) 20% of the market value of the installation on that day as determined under section 70 of the Sea Installations Act 1987; or

(ii) 20% of the proportion of the gross revenue derived by that commercial enterprise that is attributable to the operation of the sea installation during that time or those times.

By whom levy payable

9. Installation levy in respect of a sea installation is payable by the holder of the permit to operate the installation.

Regulations

10. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The power of the Governor-General to make regulations referred to in subsection 8 (1) in relation to sea installations in the adjacent area of a State or affected Territory shall be exercised only on advice of the Executive Council, being advice that has had regard to the taxes under the laws of the State or Territory that would apply in relation to the installations if they were in the State or Territory.

[Minister’s second reading speech made in—

House of Representatives on 7 October 1987

Senate on 26 October 1987]