Outback Communities (Administration and Management) Act 2009

The Authority may impose—

asset sustainability levies on land in the outback to raise revenue for the maintenance of public services and facilities in the outback;

and

community contributions on land in an area of the outback to raise revenue for the purposes of planning, carrying out, making available, supporting, maintaining or improving an activity that is, or is intended to be, of particular benefit to the outback community in that area or to visitors to that community.

An asset sustainability levy is to be imposed in the same way as a council imposes general rates on land in its council area, except that the levy must be based on a fixed charge approved by the

Minister.

A community contribution is to be imposed in the same way as a council imposes separate rates on land in its council area, except that—

a contribution may only be imposed if it is authorised by a community affairs resourcing and management agreement; and

a contribution must be based on a fixed charge approved by the

Minister.

The fixed charge approved by the Minister for an asset sustainability levy or community contribution may vary according to the use of the land, the locality of the land or any other factor (but not one based on a valuation of the land).

The Minister must not approve a fixed charge for an asset sustainability levy for a financial year that will result in an increase in the levy from the previous financial year (other than a CPI increase) unless—

a notice of the proposed fixed charge has been laid before both

Houses of Parliament, together with an explanation of the reasons for the increase; and

after 6 sitting days (which need not fall within the same

Parliament or the same session of Parliament) no resolution has been passed by either House of Parliament prohibiting the approval.

For the purposes of this section, Chapter 10 Part 1 of the Local Government

Act 1999 applies as if it formed part of this Part, subject to the following modifications:

a reference to a council is to be read as a reference to the

Authority;

a reference to the area of a council is to be read as a reference to the outback;

a reference to local government purposes is to be read as a reference to the purposes of the Authority;

a reference to a general rate is to be read as a reference to an asset sustainability levy;

a reference to a separate rate is to be read as a reference to a community contribution;

a reference to the chief executive of a council is to be read as a reference to the presiding member of the Authority;

any other modifications prescribed by regulation.

The revenue raised from asset sustainability levies and community contributions in respect of a particular financial year need not be completely expended in that year.

The first asset sustainability levy notice for a financial year must be accompanied by—

a summary of the Authority's business plan for the financial year;

and

an assessment of the activities of the Authority against its business plan for the previous financial year.

Asset sustainability levies and community contributions cannot be challenged on a ground based on non‑compliance with this section, or on a ground based on the contents of a plan, budget or assessment prepared under this Act.

In this section—

CPI increase means an increase reflecting the all groups consumer price index for Adelaide published by the Australian Bureau of Statistics.