Lease over Crown land managed by Council

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  • #23934
    Karen ODonnell
    Participant

      Central Coast

      We have a building on Crown land that is managed by Council and is leased to a Women’s Shed. As we know any land that is leased is rateable.

      The rent is insufficient to cover the Rates and our Property Section has made a request for an exemption.

      Would appreciate advice from anyone who may have had a similar dealing.

      thank you
      Karen

      #23936
      Trevor Holland
      Participant

        Lithgow

        We don’t currently have a Women’s Shed on Crown Land here in Lithgow but I wouldn’t be surprised if one pops up at some point in the future.

        These situations cause a bit of a dilemma don’t they?
        Council’s want to be seen to be encouraging these organisations and facilities that are beneficial to their communities while still complying with LGA legislation.

        Am wondering whether this lease to the Women’s Shed can be determined as not being for private purposes?

        The LG Revenue Manual has some discussion on Page 62 regarding the terms “Private purposes” and “Public”. This may help.

        You could ask for a copy of Articles of Association for the Women’s Shed to determine what they are set up for and whether this benefits the public etcetera. There would probably be something in the details about what happens to surplus funds should the organisation decide to close down. I don’t think it would be for private gain.

        If you do decide that the land should remain as being rateable your Council could always make a donation towards payment of rates and charges under Section 356 of the LGA Can a council financially assist others?

        Will be interested to hear the thoughts of others on this topic.

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