Contributions by constituent councils
16 Contributions by constituent councils
The constituent councils for the Northern Parklands region are responsible to make a contribution towards the costs of the Northern
Parklands Trust performing its functions under this Act relating to the Northern Parklands in respect of a particular financial year if the Northern Parklands Trust's annual business plan specifies an amount to be contributed by the constituent councils for that financial year for the purposes of this section.
Note—
In specifying an amount to be contributed by constituent councils for the Northern Parklands region in its annual business plan, the
Northern Parklands Trust will take into account works, labour, equipment or other resources that the constituent councils are to provide to assist the Trust in performing its functions relating to the Northern Parklands.
Liability for the amount to be contributed by constituent councils for the
Northern Parklands region will be shared between them according to a scheme set out in the Northern Parklands Trust's annual business plan.
Subsections (1) and (2) are subject to the qualification that the total amount to be paid by the constituent councils for the Northern Parklands region in respect of a particular financial year should not exceed—
unless paragraph (b) or (c) applies—the total amount of the constituent councils' contribution imposed under this Part for the immediately preceding financial year adjusted by the percentage applying under subsection (4);
or
an amount allowed by the Minister under subsection (5);
or
an amount approved by the Minister under subsection (6).
The percentage applying under this subsection in respect of a particular financial year is the percentage change in the CPI (expressed to 1 decimal place) when comparing the CPI for the September quarter of the immediately preceding financial year with the CPI for the
September quarter of the financial year immediately before that preceding financial year, being this percentage change published by the Australian Bureau of Statistics.
The
Minister may allow the Northern Parklands Trust to require the constituent councils for the Northern Parklands region to pay more than the amount that would otherwise be payable under subsection (3)(a) for a particular financial year if the Minister is satisfied that—
the
Northern Parklands (including existing infrastructure located within the Northern Parklands) has not been maintained or needs improvement and the maintenance or improvement required cannot reasonably be dealt with through other funding sources or over a longer period; or
there has been a natural or environmental disaster affecting the Northern
Parklands, or some other major event with an adverse impact on a significant part of the community within the Northern Parklands, that has resulted in extraordinary measures being proposed by the
Trust; or
there has been an increase in the size of the Northern Parklands; or
substantial new or replacement sporting, cultural or recreational facilities are required in the Northern Parklands; or
—
the
Trust specified a contribution for the previous financial year based on works, labour, equipment or other resources of a particular value that 1 or more constituent councils were to provide to assist the
Trust in performing its functions relating to the Northern Parklands during that financial year; and
the constituent council or councils did not provide works, labour, equipment or other resources of at least that value; or
Note—
Under subsection (2), liability for the amount to be contributed by constituent councils for the Northern Parklands region is shared between them according to a scheme set out in the Northern Parklands Trust's annual business plan.
other circumstances exist such that the benefits in allowing the Trust to impose more than the amount that would otherwise be payable under subsection (3)(a) in the financial year outweigh the fact that additional costs are to be imposed on the relevant community in that financial year.
In a case where the Northern Parklands Trust did not require a contribution from the constituent councils for the Northern
Parklands region in relation to the immediately preceding financial year, the Minister may approve an amount under this subsection for the relevant financial year after taking into account—
a report from the Trust on the outcome of the consultation required by section 15;
and
such other matters as the Minister thinks fit.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.