Hi Jeanette,
we have only just had a scenario like this here in Bega but not specifically for special rates. I really delved into the legislation as I wanted to make sure we had everything covered. I even trawled through the forum for research.
Below is a snip of what I put in the letter. I had no back lash from our decision but did meet with our local LALC to explain our reasoning etc.
We have recently undertaken a review of non-rateable properties in the Bega Valley Shire Local Government Area (LGA). This assessment has included the exemption provisions from rates and charges described in Section 555 (1)(g) of the Local Government Act. Specifically, “land that is vested in the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council and is declared under Division 5 of Part 2 of the Aboriginal Land Rights Act 1983 to be exempt from payment of rates. We have also considered Section 43 (1)(a) of Aboriginal Land Rights Act 1983 and advise that we have applied Part 2, Section 4(2) of the Aboriginal Land Rights Regulation 2014 (Provisions relating to land), to the land held by Twofold Aboriginal Corporation as land being used for a commercial or residential purpose.
Hope this helps you, give me a buzz if you have further questions – 02 64992304
