Border Fence Maintenance Regulation 2018 (2018-495) (NSW)

Border Fence Maintenance Regulation 2018

1 Name of Regulation This Regulation is the Border Fence Maintenance Regulation 2018.

2 Commencement This Regulation commences on the day on which it is published on the NSW legislation website.

Note— This Regulation repeals and replaces the Border Fence Maintenance Regulation 2009, which would otherwise be repealed on 1 September 2018 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definition (1) In this Regulation— the Act means the Border Fence Maintenance Act 1921.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.

4 Prescribed amount for annual rates For the Act, section 12(1A), the prescribed amount is 7 cents per hectare.

5 Interest on overdue rates For the purposes of section 12A (2) of the Act, the prescribed rate of interest is the rate prescribed under section 101 of the Civil Procedure Act 2005 with respect to the payment of interest on a judgment debt.

6 Rate notice For the purposes of section 14 (1) of the Act, the prescribed form of rate notice is a form in writing that includes the following particulars— (a) the heading "Border Fence Maintenance Act 1921—Rate Notice", (b) the notice number, (c) the date of issue of the notice, (d) the name of the person liable to pay the rate, (e) a description of the land in respect of which the rate is imposed, (f) the area (in hectares) of the land, (g) the prescribed amount per hectare per year of the rate (being the rate prescribed by clause 4), (h) the amount of the rate imposed under the notice in respect of the land, (i) the date (being at least 28 days after the notice is to be given) on which the rate is due and payable to and recoverable by the board (the due date), (j) the person or authorised deposit-taking institution to which payment of the rate may be made, (k) the interest rate that is to apply if any part of the rate is unpaid at the expiration of 12 months from the due date (being the rate prescribed by clause 5).