Classification Codes

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  • #24205
    Michelle Smith
    Participant

      Eurobodalla

      Hoping someone can assist with what Classification to use for properties owned by Local Aboriginal Land Councils – would they be considered GOVT or should they be classified based on the use of the land? I can’t find reference in the manual – Thanks

      #24206
      Jenita Ferguson
      Participant

        Bellingen

        Hi Michelle, I sent a query to Revenue NSW querying the classification of vacant Aboriginal Land Council land parcels. They have referred it to Treasury for a response. I will update this post as soon as a response is received.

        My query:
        The Preliminary Land Classification Manual suggests land is to be classified as Public Benefit Land “if it is not used for a profit-making purpose and if its dominant use is for a public benefit use at Appendix D”. Local Aboriginal Land Councils are not listed within Appendix D.

        The majority of land parcels owned by Local Aboriginal Land Councils within Bellingen LGA are vacant with no current use.

        Are you able to confirm that the appropriate classification for these parcels would be:

        RESV – where a building entitlement exists; or
        COMV – where no building entitlement exists?

        And if not the above, what the appropriate classification would be?

        #24207
        Michelle Smith
        Participant

          Eurobodalla

          Thanks Jenita, we also have many that that are rated residential with a dwelling.

          #24208
          Michelle Smith
          Participant

            Eurobodalla

            Has anyone worked out or decided what the Local Aboriginal Land Councils should be classified – also we have SEARMS Aboriginal Corporation and another aboriginal corporation – wondering if anyone knows what these would be classified as as well. Thanks

            #24292
            Jenita Ferguson
            Participant

              Bellingen

              Response received from Revenue NSW:

              Thank you for your enquiry and your patience as we investigated your query.

              In response we fell this will come down to government policy for classification as GOVT. Presently the Manual interprets this land as PUBLIC (item 8) in its present form.

              #24293
              Peter ODonnell
              Participant

                Junee Shire

                Hi Jenita

                This response despite the manual saying

                3.2 Public Benefit Land

                “a property cannot be classified as Public Benefit Land if it can be classified as Government land”.

                and

                3.1 Government land

                Land should be classified as Government Land if the land is: (a) owned by ……….a council.

                #24334
                Michelle Smith
                Participant

                  Eurobodalla

                  I also sent an enquiry for our land owned by Local Aboriginal Land Councils that are both vacant and developed and this was the response I received:

                  Aboriginal Land Councils are not Government owned entities so all land owned by a Local Aboriginal Land Council would not be classified as Government land, also all land owned would not meet the definition of Public Benefit Land.

                  Yes, developed properties should be classified either RESNV or COMNV and RESV or COMV for their vacant properties.

                  #24336
                  Peter ODonnell
                  Participant

                    Junee Shire

                    Thank you Michelle

                    I think that clears it up 100%.

                    Regards
                    Peter

                    PS So does that mean the land should be rated?

                    #24338
                    Peter ODonnell
                    Participant

                      Junee Shire

                      Answering my own question- they Act exempts them from rates.

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