[Ian Clayton]

Hi Rod,

We don’t rate Council land, except where it’s leased to a third party. The advantage to Council is that the rates previously paid to ourselves is now paid to us by our other ratepayers. A few hundred thousand off our operating budgets every year. A quick summary of the legislation we rely on is below – basically the definitions of Public Place & Public Land. To my thinking, it’s easier to fit a car park into this interpretation than some of our other operational properties eg admin centre, depots etc.
Regards,
Ian

554 What land is rateable?
All land in an area is rateable unless it is exempt from rating.

556 What land is exempt from all rates, other than water supply special rates and sewerage special rates?

(1) The following land is exempt from all rates, other than water supply special rates and sewerage special rates:
(a) land that is a public place,

The following are definitions contained in the Dictionary forming part of the Local Government Act :-

“public place” means:
(a) a public reserve, public bathing reserve, public baths or public swimming pool, or
(b) a public road, public bridge, public wharf or public road-ferry, or
(c) a Crown reserve comprising land reserved for future public requirements, or
(d) public land or Crown land that is not:
(i) a Crown reserve (other than a Crown reserve that is a public place because of paragraph (a), (b) or (c)), or
(ii) a common, or
(iii) land subject to the Trustees of Schools of Arts Enabling Act 1902 , or
(iv) land that has been sold or leased or lawfully contracted to be sold or leased, or
(e) land that is declared by the regulations to be a public place for the purposes of this definition.

public land” means:
Any land (including a public reserve) vested in or under the control of the council, but does not include:
(a) a public road, or
(b) land to which the Crown Lands Act 1989 applies, or
(c) a common, or
(d) land subject to the Trustees of Schools of Arts Enabling Act 1902 , or
(e) a regional park under the National Parks and Wildlife Act 1974 .