Council has received two applications from ratepayers requesting rating exemptions as they have entered into agreements with the Nature Conservation Trust in accordance with the Nature Conservation Trust Act 2001. One has the agreement registered on the land title, the other has not. Under the Local Government Act Sec 555 (b2) land held by the Nature Conservation Trust of NSW is exempt from rates but when ratepayers purchase the land it appears they are not exempt under Sec 555 (1)(b2) land that is vested in , owned by, held on trust by or leased by the Nature Conservation Trust of NSW is constituted by the Nature Conservation Trust Act 2001.
My reading of this is that the only land exempt from rates is land under a conservation agreement (555)(1)(b1) or land as above for Nature Conservation Trust.
Under the Nature Conservation Trust Act 2001 – Sec 38B (1) A council may, by notice in writing to the land holder, exempt from all rates under the Local Government Act 1993 land that is subject of a Trust agreement.
Does anyone else have these applications, have you granted exemption and if yes do you have a Council policy to grant exemption under Sec 38B(1) of the Nature Conservation Trust?
regards
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