Council /Public Carparks

Viewing 6 posts - 1 through 6 (of 6 total)
  • Author
    Posts
  • #18885
    Rod Taber
    Blocked

      Wagga Wagga City

      Quick Question… should Council owned carparks be rated as Business -Operational Land or for Public Use and not under private lease ? thanks

      #18890
      Trevor Holland
      Participant

        Lithgow

        Rod
        I have always taken the approach of rating Council owned car parks as Business because they are Operational Land.
        Then again there was a legal opinion kicking around from one of the Councils a while back that indicated all Council land should be exempt.
        Will be interested to see what everyone else has to say.

        Regards
        Trevor

        #18889
        Ian Clayton
        Participant

          Mid-Western Regional

          Hi Rod,

          We don’t rate Council land, except where it’s leased to a third party. The advantage to Council is that the rates previously paid to ourselves is now paid to us by our other ratepayers. A few hundred thousand off our operating budgets every year. A quick summary of the legislation we rely on is below – basically the definitions of Public Place & Public Land. To my thinking, it’s easier to fit a car park into this interpretation than some of our other operational properties eg admin centre, depots etc.
          Regards,
          Ian

          554 What land is rateable?
          All land in an area is rateable unless it is exempt from rating.

          556 What land is exempt from all rates, other than water supply special rates and sewerage special rates?

          (1) The following land is exempt from all rates, other than water supply special rates and sewerage special rates:
          (a) land that is a public place,

          The following are definitions contained in the Dictionary forming part of the Local Government Act :-

          “public place” means:
          (a) a public reserve, public bathing reserve, public baths or public swimming pool, or
          (b) a public road, public bridge, public wharf or public road-ferry, or
          (c) a Crown reserve comprising land reserved for future public requirements, or
          (d) public land or Crown land that is not:
          (i) a Crown reserve (other than a Crown reserve that is a public place because of paragraph (a), (b) or (c)), or
          (ii) a common, or
          (iii) land subject to the Trustees of Schools of Arts Enabling Act 1902 , or
          (iv) land that has been sold or leased or lawfully contracted to be sold or leased, or
          (e) land that is declared by the regulations to be a public place for the purposes of this definition.

          public land” means:
          Any land (including a public reserve) vested in or under the control of the council, but does not include:
          (a) a public road, or
          (b) land to which the Crown Lands Act 1989 applies, or
          (c) a common, or
          (d) land subject to the Trustees of Schools of Arts Enabling Act 1902 , or
          (e) a regional park under the National Parks and Wildlife Act 1974 .

          #18888
          Ken Bakon
          Participant

            We at Canterbury-Bankstown operate the same as Mid-Western – and have for a number of years

            Cheers

            #18887
            Andrew Butcher
            Keymaster

              I also agree with the approach Mid-Western take and it has been our approach for many years.

              Regards,

              Andrew

              #18886
              Darryl Telfer
              Participant

                Central Darling Shire

                Same as Mid Western, C-B and C’town, cheers

              Viewing 6 posts - 1 through 6 (of 6 total)
              • You must be logged in to reply to this topic.