[Megan Bugge]

Good Morning

Griffith City Council has received a request to exempt 2 properties in accordance with Section 556 of LGA as they are being managed by a local Land Council. This Land Council has a PBI status and they have provided paperwork of their Community, Land and Business Plan.

My concern is that I have other land in Griffith managed by Griffith Local Aboriginal Land Council and this is rateable. I feel that as the land is being rented for housing then it should be rated. Has any one else had this request and/or what else do other council’s do.

With Kind Regards
Megan

[John Towers]

Hi Megan,

I assume the claim is being made under Sec 556(1)(s).

I know that there have been various court cases regarding this scenario & as I understand it land owned by the LALC is liable for rates when used for residential or business purposes.

Under Sec 560(4) of LGA the crown is liable for rates subject to the Aboriginal Housing Act 1998. However, this case is a little different in that the land has been leased/managed by LALC from AHO. The starting point would be what lease/agreement has been issued for the properties in question. Simply having it under the control of the LALC does make it non rateable. Until information to the contrary is received I would be of the opinion that the AHO remains liable for the rates.

As you may be aware there was a court case late last year involving matters very similar to what has been described by yourself involving several councils & applications for non rateability in similar circumstances with another PBI. This case is well documented on the website & the link to the judgement can be found via http://revpronsw.dev.nucleoserver.com/forums/topic/community-housing-decision/ The Councils involved in this matter had all taken the view that the properties were rateable & this was upheld by the Court.

It may be that there will be a new court case in the future but I would be relying on this at the present time. Read some of the commentary that has been made on the website regarding PBI’s etc over the last 6-12 months.

I’m sure this doesn’t answer all your questions but it may provide some food for thought in the matter.

JT

[Emma Murphy]

Hi John and Megan,

Hoping you can help….I have had a request come thru from the “Aboriginal Housing Office”, under Section 555 (1)(a). The land is vacant. Non rateable or not? And do service charges apply.

[Megan Bugge]

Hi Emma

We have all vacant land owned by Aboriginal Housing – as Non-rateable. I get confused if this is 555 1 (a) or 555 1 (g). Maybe John could clarify..
Thanks Megan

[Megan Bugge]

Ps no service fees such as waste are charged. If they have water, we charge usage only.

[Kate Flynn]

..

[Peter ODonnell]

Junee Shire today received Notices of Sale for 5 residential properties previously owned by NSW Land & Housing.

Several other properties across the state were included on the NOS.

I presume Sec 560(4) means these properties will remain rateable.

[Author]

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