Hey Ken, thanks, and yep we issue a letter too for new properties (from subdivision, etc). Although in our policy we also have a catch-all saying in the absence of a letter (ie; say we failed to issue a letter) that the first Rate notice issued for the new property would serve as the declaration (with avenues of appeal etc shown on the back as necessary).
Given that we say this – and knowing that some councils rely entirely on the notice (or have at times in the past), I just wanted to check whether the rate notice as the ‘form’ of declaration had been tested yet (and I’m gathering that it hasn’t been).
So Ken, whats your thoughts on this: Does it follow that by showing the category on every Rate notice (as we have to), are we effectively ‘declaring’ the category each and every time we issue? .. and therefore, regardless of any separate and previous declaration ‘letter’, a ratepayer has 30 days from the date of any Rate notice to appeal to the L&E Court as per section 526?
I’m thinking that the answer has to be yes but would appreciate confirmation from the rating world.
Thanks again
Cherie
