Reply To: Non-Ratability for Fire & Rescue NSW
Hi Everyone
Will put my two bob’s worth in. Not sure if it will help or confuse but here goes.
We have properties up here in the mountains in the name of Fire & Rescue as well as Emergency Services.
All of these properties are rateable and it has never been questioned.
In fact we had one property that wasn’t being rated and the Fire Brigade rang to ask why.
For what it is worth I also came across some details in a book that I used when studying some years ago. Titled Local Government and Environmental Planning Law New South Wales.
The book makes reference to Section 132 of Local Government Act 1919 “Exemptions from Rates” and states as follows:
“The exemptions may be dealt with as in s132.Some of the exemptions have been litigated extensively; others have not”………….
(g) land owned by the Crown, not being –
(i) land held under a lease from the Crown by any person for private purposes;
(ii) land occupied and used by the Crown in connection with any industrial undertaking.
As part of the explanation it also states:
“The Governor may declare an undertaking to be an industrial undertaking for the purposes of section (Section 132(4)) and the Metropolitan Meat Industry Board and the Board of Fire Commissioners have been so declared”.
As the above related to the 1919 LGA I am unsure whether there has been a further declaration by the Governor under the current legislation or whether the initial declaration carries forward. Perhaps that is something that needs to be investigated further.
If anyone would like a copy of the extract from the book please let me know and I will happily scan and email it through.
Regards
Trevor