[Amit Anand]

Hi Guys,
I need some advice in determining the rating category for one of the properties in our LGA. This property was owned by Charles Sturt University, however they have sold it to an RTO for a token amount. I am pretty confident that it will still be non-rateable as per Sec 556 of LGA 1993, but just wanted to verify the same as this RTO is a not for profit and is being funded by DET.
Can someone please confirm if I am on the right track or provide any suggestions if you have any.

Thanks
Amit

[Robert Hay]

Hi Amit

I’m no good with acronyms, what are RTO and DET? What section of 556 to you intend to use?

Robert

[Amit Anand]

Hi Robert,

RTO is Registered Training Organization and DET is Department of Education and Training of NSW.

[Robert Hay]

Hi Amit
I dont think there is any section in 556 that would allow a RTO to be made non rateable. They definitely dont sound like a public benevolent institution or charity section 556(h). And I’m sure 556(l) land that is vested in a university, or a university college, and is used or occupied by the university or college solely for its purposes would no longer apply either.

[Simone Fisher]

Hi Amit, I would rate the property from date of settlement unless they submit an application for exemption & prove why they should be exempt.

[John Towers]

Hi Amit,

I would rate the property from date of acquisition & make them lodge an application for non rateability including all necessary supporting documentation.

I disagree with Robert, I think they will apply under 556(h) & depending upon the use & their constitution etc I think they might be successful.

However, it is a process that you need to go through in order to determine their eligibility.

The fact it is being funded by DET is irrelevant. There maybe some parallels between this property & all those applications relating to

The fact it is being funded by DET is irrelevant. There maybe some parallels between this property & all those applications relating to PBI’s & Community Housing.

Will be interested to hear the outcome.

JT

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