Recovery of money paid by Treasurer to Trust
48 Recovery of money paid by Treasurer to Trust
Subject to subsection (2), the following amounts may be recovered by the Minister from the owners and occupiers of irrigated properties in shares determined in accordance with the regulations:
an amount equivalent to the amount paid, or to be paid, by the
Treasurer to the Trust under section 47 for the relevant contribution year;
and
an amount equivalent to the amount determined by the Minister under section 46(6) to cover recovery costs for that contribution year; and
an amount (if any) payable by the Minister as a Goods and Services
Tax or any other tax imposed by or under an Act of the Commonwealth in respect of the amount paid to the Minister in pursuance of a liability under section 55.
Subsection (1) does not apply to the owner or occupier of an irrigated property to which a water licence referred to in
Schedule
2 was applicable on 10 April 2000 if a risk management allocation is not, and never has been, attached to any land comprising the irrigated property.
Subject to subsection (6), regulations may only be made by the
Governor under subsection (1) on the recommendation of the Minister and the Trust.
Regulations made under subsection (1) may provide that the shares payable by the owners and occupiers of irrigated properties will be based on one or more of the following factors:
the category or categories of the irrigated land of the irrigated property;
the quantity of water used to irrigate the irrigated land of the property;
the extent (if any) to which irrigation of the irrigated land of the irrigated property increases salinity levels in the River
Murray;
the waterlogging and salinity risk management allocation attached to the irrigated land comprising the whole or part of the irrigated property;
such other factor or factors as are specified in the regulations.
The first regulations made under subsection (1) will be taken to have been made on the recommendation of the Minister and the Trust as required by subsection (3).
The Governor may make regulations under subsection (1) varying the regulations under that subsection on the recommendation of the Minister alone without the recommendation of the Trust if—
the Minister and the Trust cannot agree on the recommendation to be made to the Governor; or
in the Minister's opinion, the regulations need to be varied because they are causing, or are likely to cause, substantial unfairness to one or more persons.
The amount determined under the regulations as being payable in respect of an irrigated property must be increased or reduced under section 49 to take account of any under payment or over payment in respect of the previous contribution year or years in relation to the irrigated property.
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