South Australian Numbered Regulations

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SEWERAGE REGULATIONS 2011 (NO 211 OF 2011) - REG 31

31—Exemption from capital contribution

        (1)         Notwithstanding regulation 25 or 27, a capital contribution is not payable in relation to an allotment if—

            (a)         the allotment is not connected to a sewer; and

            (b)         the owner or occupier of the allotment satisfies the Corporation that all the wastewater produced on the allotment is treated by means of a complying AWT system that is situated on the allotment and has the capacity to properly treat the wastewater; and

            (c)         the owner or occupier of the allotment complies with subregulation (5).

        (2)         A capital contribution, less the rebate prescribed by subregulation (4), becomes payable in relation to an allotment referred to in subregulation (1) if, at any time in the future, the requirements of paragraph (a) or (c) of subregulation (1) are not satisfied.

        (3)         The amount of the capital contribution referred to in subregulation (2) is the amount prescribed by regulation 25 or 27 at the time at which the capital contribution becomes payable under that subregulation.

        (4)         A capital contribution that becomes payable in relation to an allotment under subregulation (2) is subject to—

            (a)         the higher rebate if it becomes payable within 1 year after notice of the laying of the sewer was published in the Gazette; or

            (b)         the lower rebate in all other cases.

        (5)         For the purposes of subregulation (1), the owner or occupier of an allotment referred to in that subregulation, or a person acting on behalf of the owner or occupier, must satisfy the Corporation at 3 monthly intervals that the AWT system situated on the allotment

            (a)         has the capacity to properly treat all the wastewater produced on the allotment; and

            (b)         has been used and maintained in accordance with the Waste Control Regulations during the immediately preceding period of 3 months.

        (6)         The owner or occupier of an allotment will be taken to have complied with subregulation (5) if he or she, or a person acting on his or her behalf, satisfies the Corporation of the matters referred to in that subregulation at any time during a period commencing 14 days before and ending 14 days after the time prescribed by that subregulation or the time as extended by the Corporation under subregulation (8).

        (7)         The Corporation may release a person who is liable to pay sewerage rates in respect of land from one half (or such lesser proportion as the Corporation thinks fit) of the rates if, at the commencement of the period in respect of which the rates are payable, all the wastewater produced on the land was treated by means of a complying AWT system that is situated on the land and has the capacity to properly treat the wastewater.

        (8)         The Corporation may, to avoid or reduce hardship in a particular case, extend—

            (a)         the period of 1 year referred to in subregulation (4);

            (b)         a 3 monthly interval referred to in subregulation (5),

either prospectively or retrospectively.

Division 2—Other charges



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