Hi Kim,
Sounds like an interesting situation. It’s certainly different circumstances than any that I’ve had to deal with. I think refusing the change to farmland is correct from what you’ve outlined.
In answer to the specific questions, I think I’d respond with something like :-
1) Section 525 of the LGA allows a rateable person to apply for review of a declaration of a rate category at any time.
2) The requirements for categorisation as Farmland are set out in Section 515 of the LGA. No percentages of overall land use are prescribed in the eligibility criteria and case law on this factor has been inconsistent and very much particular to the circumstances of the cases themselves. You may wish to seek your own legal advice to help clarify this factor.
3) Again, this is likely a question where you may wish to seek your own legal advice. However, I note the criteria outlined in Section 515 requires “a significant and substantial commercial purpose and character…” and must be “…engaged in for the purpose of profit…”. These factors may be difficult to achieve if all production is consumed on the property.
4) Classification for rating purposes does not, in itself, restrict farming activities.
Hope this is of some assistance.
Cheers
Ian
