[Karen Seville]

Does anyone have a copy of the legal opinion that was received (I believe by Sutherland Council) that Council Properties that are not privately lease are a public place and therefore non rateable. I would like a copy.

[Suzi Flynn]

Hi Karen,

Public place is defined in Dictionary of the Act as “public land” that is not land that has been sold or leased or lawfully contracted to be sold or leased.

Public land is defined in Dictionary of the Act as “any land (including a public reserve) vested in or under the control of the council”… some exceptions follow.

Suzi

[Tracey Walker]

So leading on from Karen’s question. We have crown land properties that are under Council’s control and we have licence agreements for the land to be used as a child care centres, Council does not run it. Would they not be rateable? I base my decision on the we have privately ran child care centres within the area. So should they be treated differently?

[John Towers]

Hi Tracey

I would agree they should be ratable as they are subject to a lease for private purposes.

JT

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