[Maria Devoti]

Hi All,

I have a property that is owned by the Crown, and there is an electricity substation on the parcel of land. I have checked with The Crown and there is no lease in place. Council has been rating this property forever and now the electricty company is requesting the rates to be refunded.

What is the process in this case? Does it fall under S.555(1)(a)?

thanks in advance. Maria

[Robert Hay]

Hi Maria

Have the Crown or the electricity company been able to tell you under what authority (as there is no lease) they are occupying the land? Is it a case of them not following the correct process and failing to lodge the lease against the title?

Robert

[Maria Devoti]

Hi Robert,
They have quoted S.53 of the Electricty Supply Act 1995 https://www.legislation.nsw.gov.au/~/view/act/1995/94/part5/div2/sec53

Maria

[Robert Hay]

Hi Maria

Yes, I had read that one, maybe you can twist that in you favour and say that the later legislation overrides the LGA 1993 and you’re rating it because the operation doesn’t have to have an agreement? The actual legislation is the agreement?

How about approaching the VG (Maybe Tracey Walsh)? If it is crown land they wouldn’t had had cause to value it unless it had some sort of agreement?

Robert

[Jeanette Curley]

Hi all

I have received a letter from Endeavour Energy, they have a permit issued under Part 5 Division 2 of the Forestry Act 2012, which permits non forestry users to access and use Electricity land for a particular purpose, in their case transmission of electricity.

The VG’s provided a valuation many years ago to Council, in which rates have been levied. Endeavour are now disputing this and state permits from NSW Forests are exempt under 555(a).

I would have thought that if this was the case Council would not have been issued with a valuation. I have referred this onto the VG’s who have requested a copy of the permit from the Forestry Corporation of NSW. Any assistance or comments would be appreciated.

Thanks in advance
Jeanette

[Jenita Ferguson]

Hi all

Wondering how you got on with this issue?

A few of our regional councils have recently received the same correspondence from Essential Energy stating they are not liable for rates as they ‘don’t have exclusive use’ nor a “lease”. The valuation was issued for an OP.

Thanks

[Melanie Irvin]

Also interested in hearing any suggestions as I received correspondence today as well.

[Kim Mitchell]

I would also be interested in the outcome of this as we have also received a letter today from Essential Energy claiming exemption under S555(a) as they state that the Occupation permit licence is for electrical infrastructure and the transmission of electricity i.e for a public purpose. And does not provide Essential Energy with exclusive possession of the land.

[Jeanette Curley]

Hi Kim

I went back to Forestry Corporation of NSW to have them confirm Endeavour Energy holds a Forest Permit for their easements over State Forest. Forest Permits issued under the Forestry Act 2012 for occupancy of land are classed as a lease and are therefore subject to Council rates. They are paying the rates.

[Rod Taber]

May be a slight difference between Essential Energy and Endeavour Energy -( whilst seemingly performing the same tasks )- Essential Energy is a State Owned Enterprise whereas Endeavour Energy is owned by a private sector consortium (50.4% ownership) and State of NSW interest is 49.6% – probably splitting hairs here, but think Essential Energy would win the court case on this one.

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