[Darryl Telfer]

Haven’t received a request but I am pretty sure you can’t use rate notices to promote non Council private business. If I recall there was a case in the NSW Civil and Administrative Tribunal quite some years (>10) ruling against this (Gosford City Council maybe?)

[Darryl Telfer]

Hi David,
We did a tender at Wyong in 2015 (pre merger/Central Coast Council) and we were guided by our Procurement Team at the time. I think we had 3 or 4 tenderers then but we did have approximately 50000 meters to be read quarterly.
Sorry I can’t recall what we specified in the tender request (or access it now) but you should able to find something online or through LG Procurement.

[Darryl Telfer]

My post disappeared when I edited it to include link Services Australia which states
If you travel for a short term, your card will remain current for up to 6 weeks. But you must be getting your main payment. If your main payment stops, we’ll cancel your card.
Unless your policy sets out a different approach, I would cancel the rebate entirely and advise them to reapply on return.

[Darryl Telfer]

Hi Mary,

First off it may be worth checking with Tweed and Ballina Councils as Gem appear to operate similar properties in those LGAs.
Secondly, always a good idea to get a legal opinion but FWIW her are my completely unqualified findings from a quick look at the legislation etc and Fair Trading.

LGA s514 requires rateable land to be categorised Farmland, Residential, Mining or Business. Fair to say this is rateable and is not a Farm or a Mine – leaves just Residential or Business to choose from – and per s518 it can only be Business if it cannot be Residential.

LGA s516 defines “residential” as “…dominant use is for residential accommodation (otherwise than as a hotel, motel, guest-house, backpacker hostel or nursing home or any other form of residential accommodation (not being a boarding house or a lodging house) prescribed by the regulations).

Fair to say, from what you’ve told us, the dominant use is for residential accommodation. The “otherwise” part above excludes “any other form of residential accommodation … prescribed by the regulations. Also s516 (2) also provides for the regs to determine land that is not to be categorised as residential.

The regs exclude retirement villages (among some other things which don’t seem to resemble the Gem property) from being categorised residential).
Is it a retirement village? Retirement Villages are defined under s5 of the Retirement Villages Act 1999, but s5(3)(d)of the Retirement Villages Act 1999 excludes “a community within the meaning of the Residential (Land Lease) Communities Act 2013 (from the definition of a retirement village).
Is Gem’s property a community within the meaning of the Residential (Land Lease) Communities Act 2013? (if it is, its not a retirement village.
Well, it appears its is a “community within the meaning of the Residential (Land Lease) Communities Act 2013” as it is listed in the NSW Fair Trading’s Accommodation Register https://applications.fairtrading.nsw.gov.au/accomregister/AccommodationSearch.aspx. (and it is not listed in Retirement Village register).

I would still asked them what the residency arrangements are to see if they are operating as a community within the meaning of the Residential (Land Lease) Communities Act 2013.

I think I’ve included all the pieces to the puzzle but to me it looks like they are Residential – i.e. dominant use is for residential accommodation and does not meet any of the exclusions provided in the regs – unless its a manufactured home village!!

[Darryl Telfer]

Hi Andrea,

In a previous life I worked at a Council using Pathway – at that time pensioner and arrangement indicators were not available on the notice extract however we would extract that detail separately (via Query into a csv file). We would provide those files to the mailing house (with the notice extract file) to apply literals re arrangements and there being a pensioner concession in place etc.
A little bit of work to set up initially but after that just a couple of extra steps (max 5 minutes extra) 3 times year when producing instalment notices – and it helped maintain a healthy relationship with our Customer Service colleagues.

[Darryl Telfer]

Wayne Brorson from Dungog previously did some work for Wyong Shire – long time ago and a long way from Wingecarabee – but might be worth a call.

[Darryl Telfer]

I hope he can present his Farmland Rating session at next year’s conference – or just the introductory cows with guns part 🙂

All the best in retirement Neil.

[Darryl Telfer]

Did you have any luck with this Glynes? If so would you be able to share with me please? email telferd@centraldarling.nsw.gov.au

Thanks

[Darryl Telfer]

Have received similar request also for Central Darling Shire. The request states Indigenous Business Australia (IBA), is a Commonwealth statutory corporation established by section 145 of the Aboriginal and Torres Strait Islander Act 2005 (Cth) and S188 of that legislation states that Indigenous Business Australia is not subject to taxation under any law of the Commonwealth or of a State or Territory.
I think it is a given that it is not rateable similar to any other property owned by the Fed Govt – but interested in other views.

[Darryl Telfer]

I hope the strategy works out as intended i.e. more long term rentals available.

For Council though, it could be a time consuming/resource intensive exercise to identify properties available for short term via Air BNB etc.
Wyong Council had a similar approach some years ago where a special rate applied to short term rentals in certain suburbs and it was a minefield to administer.

[Darryl Telfer]

Once the lease has been entered, it becomes rateable.

Until then its exempt as a public place under s556(1)(a).

A public place is defined in the dictionary as
(d) public land or Crown land that is not:
(iv) land that has been sold or leased or lawfully contracted to be sold or leased,

Public Land is defined in the dictionary as
… any land (including a public reserve) vested in or under the control of the council, but does not include:
(a) a public road, or
(b) land to which the Crown Land Management Act 2016 applies, or
(c) a common, or
(d) a regional park under the National Parks and Wildlife Act 1974.

Once its leased any exemption as above ends.

You would want to make sure the lease provides for the leasee to pay rates, taxes etc. I rather not do this – but if its real a deal breaker (paying the rates), Council might want to consider a donation/subsidy under s356 – all depends on what community benefit value the development is expected to bring.

Regardless of who pays, I reckon its rateable.

[Darryl Telfer]

Hi Cherie,

Can’t help you with S577, something I have dodged on the grounds that there is no government subsidy.

If you are looking at same for Life Tenants only then you might not need an order under S577. Page 90 of the OLG Rating and Revenue Raising manual states that life tenants are eligible under S575.
There will be different interpretations of the legislation however, this is my take on it:
S575 (1) If an eligible pensioner is the person solely liable, or a person jointly liable with one or more other persons,
So, to be eligible under S575 the pensioner must be liable.
So, who is liable?
S 560 (1) The owner for the time being of land on which a rate is levied is liable to pay the rate to the council…...
So who is the owner? If their name is on the title then under Torrens Title, they are an owner. But can they be an owner if they are not on the title?
The LGA Dictionary defines owner of land (other than Crown Land) as every person who jointly or severally, whether at law or in equity, is entitled to the land for any estate of freehold in possession

I believe (not sure how I formed the view, may be a legal opinion I read, maybe I have just convinced myself? that a life tenant is entitled in equity to an estate etc… and as such is an owner, is therefore liable, can therefore be eligible (if they satisfy the other eligibility criteria i.e. PCC, primary pace of residence etc.

I know others will disagree. Some will have the view that life tenants are not liable to pay council and support that view by posing the question Would you sue the life tenant if the rates are not paid?.
That’s OK, after all the forum is about sharing views and learning.

I also enjoyed the conference immensely and send my sincere thanks to all involved.

• This reply was modified 4 years ago by Darryl Telfer.
• This reply was modified 4 years ago by Darryl Telfer.

[Darryl Telfer]

Central Darling is not proceeding.

[Darryl Telfer]

Will know after our Council meets tomorrow however our report recommends not applying. Our rate peg was set at 0.7% Vs LTFP forecast 2% – Central Darling Shire.

[Darryl Telfer]

ASV Guidelines have been varied (eased?) slightly.
Circular 22-07

• This reply was modified 4 years, 2 months ago by Darryl Telfer.

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