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Water Assurance Act 1991 (NI)

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Act No. 3 of 1991
Act Applied Law as amended, incorporating amendments up to Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 02 Dec 2019
Start Date 13 Aug 2019

 

 

NORFOLK                            ISLAND

 

Water Assurance Act 1991

No. 3, 1991

Compilation No. 1

Compilation date:                              13 August 2019

Includes amendments up to:            Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

 


 

 

 

NORFOLK                            ISLAND

 

 

WATER ASSURANCE ACT 1991

 

________

 

TABLE OF PROVISIONS

 

         1.      Short title

         2.      Interpretation

      2A.      Approved fees

         3.      Assessment of approved fees

         4.      Assessment method  —  general rules

         5.      Assessment method  —  special cases

         6.      Notice of assessments

         7.      Recovery of approved fee

         8.      Variation of assessments

         9.      Review of assessments

       10.      Powers of entry

    10A.      Regulations

                       Schedule


 

NORFOLK                            ISLAND

 

Water Assurance Act 1991

_______________________________________________________________________

 

An Act to assess approved fees for use of the Water Assurance Scheme, and for related purposes.

 

Short title

      1.         This Act may be cited as the Water Assurance Act 1991.

Interpretation

      2.         (1)        In this Act, unless the contrary intention appears —

“assessment” means an assessment under section 3 of the approved fee to be paid in relation to premises;

“connection”, in relation to premises, means the direct or indirect connection of a sanitary facility that is in or on the premises to a sewer;

“instrument of registration”, in relation to a tourist accommodation house, means an instrument referred to in section 13 of the Tourist Accommodation Act 1984;

“premises” includes land or a building;

“scheduled purpose” means a purpose specified in the Schedule.

                  (2)        Unless the contrary intention appears, an expression defined in the Environment Act 1990 has the same meaning in this Act as it does for the purposes of that Act.

                  (3)        For the purposes of this Act, premises are to be taken to have been connected at the time when a sanitary facility that is in or on the premises is first able to be effectively discharged into a sewer.

Approved fees

      2A.      The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.

Note:          See the definition of “connection” in subsection 2(1).

Assessment of approved fees

      3.         (1)        Subject to subsection 3(3), as soon as practicable after the connection of premises, an authorised officer must make an assessment of the approved fee to be paid in relation to the premises.

                  (2)        An authorised officer may make an assessment of the approved fee to be paid in relation to premises that are not connected if —

(a)        the owner requests the making of the assessment;

(b)        the authorised officer is satisfied that the premises are likely to be connected within 3 months of the making of the request; and

(c)        sufficient information is available to the authorised officer to enable an assessment to be made.

                  (3)        An assessment under subsection 3(1) is not to be made in relation to premises if, before the connection of the premises, an assessment under subsection 3(2) has been made in respect of the same premises.

Assessment method  —  general rules

      4.         (1)        An authorised officer is to conduct an assessment in relation to premises by ascertaining —

(a)        whether the premises are substantially used for one scheduled purpose or for more than one scheduled purpose;

(b)        if the premises are substantially used only for one scheduled purpose —

(i)         that purpose; and

(ii)        the maximum number of natural persons who could reasonably be expected to be present at the same time in or about the premises for that purpose, or, in the case of a commercial laundry, the maximum number of persons ordinarily concurrently served by that laundry; and

(c)        if the premises are substantially used for more than one scheduled purpose —

(i)         those purposes; and

(ii)        the maximum number of natural persons who could reasonably be expected to be present at the same time in or about the premises for each of those purposes, or, in the case of a commercial laundry, the maximum number of persons ordinarily concurrently served by that laundry.

                  (2)        After ascertaining the matters referred to in subsection 4(1), the authorised officer is to assess an approved fee payable in relation to the premises.

Assessment method  —  special cases

      5.         (1)        The approved fee is payable for the connection of a house.

                  (2)        If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.

                  (3)        For the purposes of subparagraphs 4(1)(b)(ii) and 4(1)(c)(ii), where premises are a tourist accommodation house the maximum number of natural persons who could reasonably be expected to be present at the same time in or about the premises as guests is to be taken to be equal to the maximum number of guests who may, in accordance with the instrument of registration of the tourist accommodation house, lawfully be accommodated in the tourist accommodation house.

Notice of assessments

      6.         (1)        As soon as practicable after an assessment has been completed, a notice of assessment is to be served on the owner of the premises to which the assessment applies.

                  (2)        A notice of assessment is to specify —

(a)        the scheduled purpose or purposes, if any, referred to in subparagraph 4(1)(b)(i) or 4(1)(c)(i);

(b)        except in relation to a house - the maximum number of persons referred to in subparagraph 4(1)(b)(ii) or 4(1)(c)(ii); and

(c)        the approved fee payable in relation to the premises.

                  (3)        A notice of assessment may be served by post.

Recovery of approved fee

      7.         (1)        A notice of assessment of an approved fee for premises must specify that the fee is payable as instalments:

(a)        over 12 equal monthly instalment periods; or

(b)        over 2 equal six‑monthly instalment periods.

                  (2)        Each instalment is due before the end of the last day of the applicable instalment period.

                  (3)        The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.

Variation of assessments

      8.         If, after the service under section 6 of a notice of assessment in respect of premises, an authorised officer considers that a matter referred to in paragraph 4(1)(a), 4(1)(b) or 4(1)(c) may have changed since the making of the assessment which led to the service of the notice, the authorised officer may re-assess the premises, and this Act applies in relation to the re-assessment as if it were an initial assessment.

Review of assessments

      9.         Part 9 of the Environment Act 1990 applies to the making of an assessment as if the making of the assessment were a reviewable decision for the purposes of subsection 128(1) of that Act.

Powers of entry

      10.       An authorised officer may enter land or a building for the purpose of making an assessment in the same circumstances, and to the same extent, as if the officer were performing a function in connection with the administration of the Environment Act 1990, and sections 142, 143 and 144 of that Act apply accordingly.

Regulations

      10A.    The Administrator may make regulations prescribing 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.

ScheduleScheduled purposes

Note:       See the definition of scheduled purpose in subsection 2(1).

 

1  Schedule purposes

                   Each of the following are scheduled purposes:

                     (a)  using premises as a restaurant in which liquor is sold;

                     (b)  using premises as a restaurant in which liquor is not sold;

                     (c)  using premises as a bar room (other than a bar room forming part of a restaurant);

                     (d)  using premises as a food shop;

                     (e)  using premises as a specialty shop;

                      (f)  using premises as a shop other than a food shop or specialty shop;

                     (g)  using premises as a garage or service station;

                     (h)  using premises as a tourist accommodation house—hotel;

                      (i)  using premises as a tourist accommodation house—staff accommodation;

                      (j)  using premises as a commercial laundry.

NOTES

The Water Assurance Act 1991 as shown in this consolidation comprises Act No. 3 of 1991 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Water Assurance Charges Act 1991

3, 1991

28.2.91

11

 

 

 

 

Water Assurance Charges Amendment Act 1992

13, 1992

24.12.92

 

 

 

 

 

Statutes Amendment (Fees) (No. 2) Act 1999

17, 1999

17.7.00

 

 

 

 

 

[Previously consolidated as at 17 August 2003]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provisions

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345, 391–396)

as amended by

 

 

 

Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019

12 Aug 2019 (F2019L01048)

Sch 1 (item 107): 13 Aug 2019 (s 2(1) item 1)

 

Table of Amendments

ad = added or inserted

am = amended

rep = repealed

rs = repealed and substituted

Provision affected

How affected

Title

am

Ord No 2, 2015 (as am by F2019L01048)

1

am

Ord No 2, 2015 (as am by F2019L01048)

2

am

Ord No 2, 2015 (as am by F2019L01048)

2A

ad

Ord No 2, 2015 (as am by F2019L01048)

3

am

Ord No 2, 2015 (as am by F2019L01048)

4

am

Ord No 2, 2015 (as am by F2019L01048)

5

am

17, 1999; Ord No 2, 2015 (as am by F2019L01048)

6

am

Ord No 2, 2015 (as am by F2019L01048)

7

am

17, 1999

 

rs

Ord No 2, 2015 (as am by F2019L01048)

7A

ad

13, 1992

 

rep

Ord No 2, 2015 (as am by F2019L01048)

10A

ad

13, 1992

11

rep

Ord No 2, 2015 (as am by F2019L01048)

Schedule

am

13, 1992; 17, 1999

 

rs

Ord No 2, 2015 (as am by F2019L01048)