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Contents (2018 - 480)
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Water Management (General) Regulation 2018
Current version for 7 February 2020 to date (accessed 5 April 2020 at 18:09)
Part 9 Division 8
Division 8 Concessions for eligible pensioners and others
Subdivision 1 Preliminary
212   Application
This Division (Subdivision 5 excepted) applies to and in respect of the following water supply authorities—
(a)  Essential Energy,
(b)  Cobar Water Board.
213   Definitions
(1)  In this Division—
eligible pensioner, in relation to a dwelling, means a person who occupies the dwelling as his or her sole or principal residence and—
(a)  who receives a pension, benefit or allowance under Chapter 2 of the Social Security Act 1991 of the Commonwealth, or a service pension under Part III of the Veterans’ Entitlements Act 1986 of the Commonwealth, and who is the holder of a pensioner concession card issued by or on behalf of the Commonwealth, or
(b)  who receives a pension from the Commonwealth Department of Veterans’ Affairs as—
(i)  the surviving spouse (including widow or widower) of a member of the Australian Defence or Peacekeeping Forces, or
(ii)  the unmarried mother of a deceased unmarried member of either of those Forces, or
(iii)  the widowed mother of a deceased unmarried member of either of those Forces,
and does not have income and assets that would prevent the person from being granted a pensioner concession card (assuming he or she was eligible for such a card), or
(c)  who receives a special rate of pension under section 24 of the Veterans’ Entitlements Act 1986 of the Commonwealth.
Gazetted amount means an amount specified by the Minister, by order published in the Gazette, for the purposes of this Division.
instalment, in relation to a service charge, means an instalment payable under clause 201 in respect of the charge.
nominal amount, in relation to the service charges payable for any land, means the lesser of the following amounts—
(a)  an amount equal to half of all service charges for that land for the current charging year,
(b)  an amount equal to—
(i)  except as provided by subparagraph (ii), the whole of the Gazetted amount, or
(ii)  if the only service charge payable for that land is a water service charge, half of the Gazetted amount.
service charge includes an instalment of a service charge.
water service charge includes a drainage service charge levied in conjunction with the water service charge.
(2)  In this Division, a reference to the time at which a service charge is levied is, in the case of an instalment of the service charge, a reference to the time at which the instalment is due for payment.
Subdivision 2 Reductions for pensioners
214   When entitlement arises
A water supply authority is to reduce a service charge under this Subdivision if—
(a)  an application for the reduction is made to it by an eligible pensioner, and
(b)  as at the day on which the service charge is levied or imposed, it is satisfied that the eligible pensioner is solely or jointly liable for payment of the charge, and
(c)  sufficient evidence is produced to it to enable the reduction to be calculated.
215   Reduction of total charges
An eligible pensioner who is liable for a service charge for any land for any charging year is required to pay, for all service charges payable for that land for that year, no more than an amount calculated by dividing the nominal amount in relation to those charges by the number of persons liable for those charges.
216   Reduction of instalments for charges
An eligible pensioner who is liable for an instalment of a service charge for any land for any charging year is required to pay, as an instalment for all service charges payable for that land for that year, no more than an amount calculated by—
(a)  dividing the nominal amount in relation to those charges by the number of persons liable for those charges, and
(b)  dividing the result of that division by the number of instalments payable in relation to those charges.
217   Application by person who becomes eligible pensioner after charge is levied
If a person becomes an eligible pensioner after the day on which a service charge is levied or imposed, the person is entitled to a reduction of the charge proportionate to the number of days remaining after the day on which the person becomes an eligible pensioner in the charging year for which the charge is levied or imposed.
Subdivision 3 Other reductions
218   Extension of reduction to avoid hardship
(1)  If the Minister considers it proper to do so to avoid hardship, the Minister may, by order, direct that—
(a)  a person specified in the order—
(i)  who occupies a dwelling as his or her sole or principal residence together with an eligible pensioner for whom the dwelling is his or her sole or principal residence, and
(ii)  who is jointly liable with that eligible pensioner or with that eligible pensioner and one or more other persons for a service charge for the land on which that dwelling is situated, and
(iii)  who would not otherwise be entitled to a reduction of the service charge under this Division, or
(b)  any person belonging to a class of persons specified in the order, being persons referred to in paragraph (a),
is taken, for the purposes of this Division, to be or to have been an eligible pensioner.
(2)  If the Minister considers it proper to do so to avoid hardship, the Minister may, by order, direct that—
(a)  an eligible pensioner specified in the order who, although not liable, or although not liable jointly with one or more persons, to the whole of the service charges for the land on which that dwelling is situated—
(i)  has paid the whole of those charges for such period as, in the opinion of the Minister, warrants the making of such an order, or
(ii)  is, in the opinion of the Minister, likely to pay the whole of those charges in such circumstances as, in the opinion of the Minister, warrant the making of such an order, or
(b)  any person belonging to a class of persons specified in the order, being persons referred to in paragraph (a),
is taken, for the purposes of this Division, to be or to have been the person solely liable in respect of the land on which the dwelling is situated.
(3)  An order under this clause takes effect on the day that it is made or on such earlier or later day as is specified in the order.
Subdivision 4 General provisions concerning reductions
219   Making of application
An application to a water supply authority under this Division must be made to it within the time, and in the manner, determined by the water supply authority.
Note.
 Section 344 of the Act provides that it is an offence to make a false or misleading application.
220   Refund of certain overpayments
If a person—
(a)  has paid in full a service charge for a charging year, and
(b)  would have been entitled to a reduction of the service charge if it had been paid by instalments, and
(c)  applies to the water supply authority for a refund of the amount of the reduction,
the water supply authority must make the refund or credit the amount towards payment of any amount then payable in relation to the land concerned by the person liable to pay the amount to the water supply authority.
221   Exemption from liability
An eligible pensioner is not liable for a service charge beyond the amount of his or her liability as reduced in accordance with this Division.
222   Recovery of amount of reduction
A water supply authority is not entitled to repayment of an amount by which a service charge is reduced under this Division unless the reduction was made on the basis of a false statement in the application for the reduction.
Subdivision 5 Water supply authorities that are also local councils
223   Central Coast Council
(1)  The provisions of the Local Government Act 1993 (and the regulations under that Act) that apply to the reduction and postponement of rates and charges under that Act apply to the reduction and postponement of service charges and other charges levied or imposed by Central Coast Council under the Water Management Act 2000.
(2)  Subclause (1) does not extend to the requirement, under section 581 of the Local Government Act 1993, for councils to be reimbursed for a proportion of amounts written off under that Act.