Hi Lisa,
We had a similar application a few years ago. In our case the property was owned by an Aboriginal Land Council declared under the Aboriginal Land Rights Act. They claimed PBI status & requested that their application be considered under sec 556(1)(h). We advised them that their application would only be considered under sec 555(1)(g).
The property in question was used for cultural activities as well as a small commercial café & was also available for public hire for weddings/functions & catering.
We declined the application due to the commercial activities & sited section 43 of the Aboriginal Land Rights Act & Clause 7(2)(b) of the Aboriginal Land Rights Regulation 2002 (now 4(2)(a) of the 2014 reg).
They weren’t happy with the decision & advised that they would be referring the application to their solicitors but we haven’t received anything further & they have been making payment of the business rates ever since.
Simone
