[Andrew Butcher]

Just to help clarify the process in classifying land for the ESPL in regards to CHP’s.

There is a paragraph on page 8 of the manual that could be open to interpretation so I have sought confirmation from Treasury and can advise that only Government land (including council) will be exempt from the ESPL.

The following paragraph has caused some confusion, that is:

For the purposes of the ESPL, land leased from the NSW Land and Housing Corporation (Housing NSW) by public housing tenants or registered agencies for social housing purposes will be exempt from the ESPL. The NSW Land and Housing Corporation is an exempt public body for the purposes of the ESPL Act.

These are the two points critical in the process,

1. Land needs to be owned by Housing NSW to be exempt from the ESPL, it might be leased to a registered CHP but still must be owned by Housing NSW to be exempt,
2. Land owned or vested by a CHP must be classified RESNV or RESV for the purposes of the ESPL, they cannot be PUBLIC on the basis that they are not within the list ‘attachment C’ in the manual even though they might be not-for-profit.

I hope this is helpful in classifying land.

Regards,
Andrew

[Matthew Saunders]

I am not sure that this clarifies the ESPL for CHP’s who we have as exempt from rates. To be residential, the only way a property can be classified as Residential for the ESPL according to the manual is if it is classified as Residential for rating purposes under the Act. If it is exempt from rates, it is not classified as Residential (or any other rating category) for rating purposes, so can’t be classified as Residential for ESPL purposes. If they do not meet the Residential ESPL classifications as public benefit, then they must therefore fall to the default category which is Commercial. Does anyone have this interpretation?

[Andrew Butcher]

Hi Matt,

This issue has been identified and Treasury have advised that an amendment to the manual is due for release soon that will clarify this interpretation.

For the purposes of the ESPL Residential and Farmland should be classified as RESV, RESNV or FARM based on what the land would be categorised if rateable.

I hope this information is helpful.

Regards,

Andrew

[Todd Cowan]

Hi Matthew,

Yes – I came to that same conclusion and interpretation, based on the wording of Release 1 on the ESPL Manual.

Regards
Todd

[Author]

Posts