Westconnex Road Rateability

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  • #23739
    Avatar photoJason Symons
    Participant

      Hi Brains Trust,

      I’m curious to know other opinions of roads acquired for Westconnex, and whether offramps, toll collection points, etc. can or should be rated?

      I’ve requested valuations from Valuer General, and their policy is not to rate land that has been acquired for road purposes.

      Thanks

      Jason

      #23740
      Darryl Telfer
      Participant

        Central Darling Shire

        I think what you are saying Jason is that the VG won’t provide a valuation for any Westconnex infrastructure. If that’s the case then it can’t be rated as the LGA Dictionary defines a “parcel of land, in relation to rateable land, means a portion or parcel of land separately valued under the Valuation of Land Act 1916”.

        Additionally, I understand that Westconnex effectively operate the toll roads on behalf of the NSW Government in some form of trustee capacity but that the NSW Government at all times retain ownership of the motorways i.e. Westconnex do not lease the land, they just maintain and operate it in return for the right to collect tolls.

        So, even if the VG provided a valuation, a rate exemption would apply under LGA S555(1)(a) as “land owned by the Crown, not being land held under a lease for private purposes”.

        Maybe not directly comparable, but if a council enters a contract with a private person/entity to operate and manage say a Council owned caravan park or swimming pool, it doesn’t make those rateable – different if leased of course but…

        Just my unqualified legal interpretation.

        #23741
        Avatar photoJason Symons
        Participant

          Hi Darryl,

          Thanks so much for your response, I appreciate your unqualified legal interpretation. It clarifies my question about rateability of both roads and Westconnex Infrastructure. It all comes back to management of the roads, rather than the roads being leased.

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