(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:
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.