Reply To: Westconnex Road Rateability

#23740
Darryl Telfer
Participant

    Central Darling Shire

    I think what you are saying Jason is that the VG won’t provide a valuation for any Westconnex infrastructure. If that’s the case then it can’t be rated as the LGA Dictionary defines a “parcel of land, in relation to rateable land, means a portion or parcel of land separately valued under the Valuation of Land Act 1916”.

    Additionally, I understand that Westconnex effectively operate the toll roads on behalf of the NSW Government in some form of trustee capacity but that the NSW Government at all times retain ownership of the motorways i.e. Westconnex do not lease the land, they just maintain and operate it in return for the right to collect tolls.

    So, even if the VG provided a valuation, a rate exemption would apply under LGA S555(1)(a) as “land owned by the Crown, not being land held under a lease for private purposes”.

    Maybe not directly comparable, but if a council enters a contract with a private person/entity to operate and manage say a Council owned caravan park or swimming pool, it doesn’t make those rateable – different if leased of course but…

    Just my unqualified legal interpretation.