[Emma Murphy]

Further to this, is Council obligated to advise a change in category?

Ie I have changed the status from vacant to non-vacant

[Emma Murphy]

So, this is the response I have from our ESPL advisor
“Firstly, in relation to conservation agreements, land that is the subject of a conservation agreement under the Biodiversity Conservation Act 2016 or National Parks and Wildlife Act 1974 can be classified as Public Benefit Land (refer Schedule 1 (10)(e)) if the land is not used for profit-making purposes and the conservation of the land is the predominant use of the land. There is no apportionment as is the case with Council rates. In determining whether the predominant use of the land is for conservation purposes, a useful starting point would be the percentage area of the land that is subject to the conservation agreement. If more than 50 percent of the land is covered by a conservation agreement, then that would be prima facie evidence that the predominant use complies with Schedule 1. If the area covered by the conservation agreement is only 6 percent, then it would be difficult to argue that land conservation is the predominant use of the land, and it should therefore be classified as if it was rateable by Council (ie, farmland, residential, industrial or commercial).”

So am I right in assuming…that based on these sceneries….

Property 1. 100% conservation under the National Parks act, and no idea if it Non for profit (privately owned), could be Public Benefit?
Property 2. 21% conservation under the Nation parks act, yet isn’t NFP, is farmland and ESPL on the whole LV, not the LV less the conservation area.
Property 3. 54% conservation under Nation parks act, and isn’t NRP, is still farmland (because it cant be Public benefit, based that is still is for profit and ESPL on the whole LV, not the LV less the conservation area.

Look forward to anyones thoughts…..

[Emma Murphy]

Thanks….I just wasn’t sure if it possed any budgeting issues

[Emma Murphy]

Thanks Robert….just what I was looking for.

[Emma Murphy]

I think im done spread sheet form anyway…

[Emma Murphy]

So….maybe a stupid question….is every Council having the same base date of 1/7/16???

We are currently one of the councils on a 4 year cycle, we were suppose to have a BD of 1/7/17, but we are anticipating a change to 1/7/16.

[Emma Murphy]

Hi David, there is mention to it in the “Operating Procedures Manual for Local Government” that was emailed to our Council last Friday.

[Emma Murphy]

Hi Paula,
We have a rural collection, various ones but our longest would be from Inverell to Yetman (120km), at the time there was still 2-3 small landfills open along the route. We definitely had people jump up and down, but there was no exemptions given, Council had adopted that is was a ‘serviced road’ and there fore all properties would be charged.

We also charge a vacant rate, for me the hardest part was working out which properties had dwellings and which didn’t. I levied the wrong rate many times, mainly because of the info I had been given from the department which implemented it.

Another issue I have had is, the roads off the ‘main collection route’ have been allowed to have optional collection, by taking their bin to the main road. So in theory they elect to have the collection and then be charge. The problem lies with someone not wanting the collection, buying a bin from Bunnings and putting it out for collection. We have replaced many bins that have been ‘damaged by the truck’ yet they aren’t paying for a service. These could also be recently purchased properties where they think a collection is included.

Good luck.

[Emma Murphy]

Thanks Simone for your points…the 603 was issued in May, naturally for the 2014/15 year, and I don’t think they obtained an update, settlement then took place on 7th July.

I have made regular contact with both solicitors since August, old and new owner, since this occurred.

Would sec 573 apply to a split? It refers to a subdivision, in my case I already had lot 1 and 2, and then they sold lot 2.

[Emma Murphy]

Hi Tracey,
Im interested in your above posted, when we did our auction 3 years ago, we did a very similar process to what you have outlined, however I know other Councils who did not set any reserves.

In regards to the VG valuation, did you use the one you had on file, or did you request another? We have a base date of 2013, looking to auction next year, should we obtain another VG vaulation?

[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.

[Emma Murphy]

Just wondering has anyone RP’s have any suggestions on this one, at this stage we will be knocking back their application and continuing to rate it….

[Emma Murphy]

I presume everyone got the email from the Department of Human Services “New initiative for concession card holders” on 1/8/14

[Emma Murphy]

Also, is anyone aware of state legislation that says council must offer selected pensioners a discount on their rates.

[Emma Murphy]

Thanks Mchelle, just wondering has anyone else found anything further…

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