South Australian Current Acts

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MOBIL LUBRICATING OIL REFINERY (INDENTURE) ACT 1976 - SECT 5

5—Local government rates

        (1)         The rates payable to the council of the local government area in which the lube refinery site is situated in respect of the lube refinery site and the lube refinery shall be—

            (a)         for the year ending 30 June 2001—the sum of $995 758;

            (ab)         for the year ending 30 June 2002—the sum of $615 000;

            (ac)         for the year ending 30 June 2003—the sum of $492 000;

            (ad)         for the year ending 30 June 2004—the sum of $410 000;

            (b)         for each subsequent year—whichever of the following sums is the lesser:

                  (i)         the sum obtained by increasing the amount payable under this section in respect of the immediately preceding financial year by the increase (if any) in the Consumer Price Index (All groups index for Adelaide) during the period of 12 months ending on 31 March in that financial year; or

                  (ii)         the sum obtained in accordance with the following formula:

1976.78.un00.jpg

where—

"S" = the sum payable in respect of the relevant year, expressed in dollars:

"X" = the sum payable in respect of the year immediately preceding the relevant year, expressed in dollars:

"A" = the total amount payable to the council in respect of rates declared under Chapter 10 Part 1 of the Local Government Act 1999 by the council in the relevant year on ratable property within the prescribed area:

"B" = the number of rateable properties in relation to which the rates referred to in Item A of this formula were declared:

"C" = the total amount payable to the council in respect of rates declared under Chapter 10 Part 1 of the Local Government Act 1999 by the council in the year immediately preceding the relevant year on rateable property within the prescribed area:

"D" = the number of rateable properties in relation to which the rates referred to in Item C of this formula were declared.

        (2)         Payment of the amounts prescribed in this section shall be a discharge of all liability of the Company for council rates in respect of the lube refinery site and the lube refinery.

        (3)         In this section—

"the prescribed area" means—

            (a)         all that land in the Hundred of Noarlunga bounded by Sullivan Terrace, Baden Terrace, Morrow Road and Galloway Road; and

            (b)         all that land contained in section 640 in the Hundred of Noarlunga that was on the first day of January, 1976, zoned "Residential 1"; and

            (c)         all that land contained in section 646 in the Hundred of Noarlunga that lies to the east of Vincent Street.

        (4)         The rates payable pursuant to this section shall—

            (a)         in the case of rates payable for the year ending 30th June, 1977, be due and payable at the expiration of the second month next following the commencement of this Act; and

            (b)         in the case of rates payable for any subsequent year be due and payable on the 1st day of February in that year,

and any such rates due and payable may be sued for and recovered by the council as a debt due to it.

        (5)         The foregoing provisions of this section shall have effect notwithstanding any other Act or enactment or any rate at any time declared or levied by any district or municipal council.



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