Ian Clayton
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Hi Lee,
At Mid-Western, we had a small number of houses destroyed plus quite a few other properties over the 75% burn.
We haven’t been paid any of the 20/21 payments. Our BF officer has followed up with our Service NSW contact on many occasions, as well as with Resilience NSW to no avail.
I’ll be asking OLG reps if they can follow up at the next RP Exec meeting on 23/8. I don’t understand what the hold up is.
thanks
IanHi Trevor,
We charge $88 at MWRC. We still physically read the meters to issue the certificate, even though we have access to the electronic reads. Just to be certain the electronic read is correct & that the meter is working OK.
Cheers
IanHi Dani,
We have 1 VCA who’s a pensioner here at MWRC. Sec 575 sets the pension rebate at half the rate or charge, to a maximum of $250. I think the rates need to be calculated first, including the non-rateable apportionment for the VCA, before the rebate is applied.
In our case, the rates for the land are approx. $100 after taking into account the non-rateable apportionment for the VCA. We then apply the 50% rebate of $50, leaving $50 payable.
Thanks
IanHi Neil,
We cancel from the start of the next quarter. We implemented this to tie in with the FESL when it was a goer.
Thanks
IanHi Karen,
If the owner authorises adding additional service charges to the rates, and the collection is on the usual collection day, we add it to rate.
Otherwise, we bill the tennant through debtors. We bill these charges quarterly in advance, so the service can be cancelled if not paid. We also don’t refund part way through the quarter if the tennant cancels the service. We’ve found this reduces the amount of admin required, compared to billing in arrears for actual collections.
Regards,
IanHi Emma,
The definition of lease in the dictionary to the Act includes a licence, so exemption under 555(1)(a) may not be appropriate.
“lease” —
(a) includes an original lease, derivative lease or an under-lease or an agreement for any of them, and extends to any case where there is the relation of landlord and tenant, whether there is or is not any instrument in writing, and
(b) in relation to Crown land, land owned by or vested in the Crown or land within a State forest–includes a licence, permit, permissive occupancy or authority (other than a licence under the Forestry Act 2012 or a forest permit under that Act that authorises grazing for a period of less than 12 months, bee-farming or any other activity that does not involve the occupation of a State forest), and land occupied under a mineral claim under the Mining Act 1992 is taken for the purposes of this Act to be held under a lease by the person in lawful occupation, under the mineral claim, of the land.Our Council often considers making a donation to community groups of an amount equivalent to rates they have to pay, if the support is needed.
regards,
IanHi Dani,
We haven’t had one of these applications for ages either, but we just follow the process in the Act.
That is, refer the application to planning to make sure the land complies with the circumstances set in Sec 585(c), and if so, then refer the application to the VG for determination of any attributable value.
We used to have a number of postponed rates properties under this section, but they’ve all dropped off over the years as the VG determined there was no attributable value.
Cheers
IanHi All,
Below is an email update we received from Service NSW in relation to payment of rates for people who have lost their home in the bush fires. Also below are their FAQ’s.
We only have a small number in our LGA. We have supplied rates information for effected properties and an invoice for the total amount of rates to Service NSW. Not sure when the payment will be made, but I understand they intend to deposit the amount into Council’s bank account.
Cheers
IanThe NSW Government has announced six months of council rates relief to ease the financial burden for anyone whose property suffered damage beyond repair in the recent bushfires.
To help local communities recover and rebuild, the NSW Government will pay council rates notices for eligible customers for quarter 3 (Jan – March) and quarter 4 (April – June) this financial year (2019/2020). This includes the land rates component and fixed service charges such as waste, water and sewerage where the amount is included on the council rates notice only.
Once we have all the information we need, Service NSW will transfer funds directly to local councils. After payment has been made to the council, we will advise the customer that they have been deemed eligible to have their Council rates notices paid in full for Q3 and Q4, and that their payment has been processed.
If the customer has paid their Q3 and Q4 rates notice fully in advance, we will advise the customer that an automatic credit will be applied to their account by Council. If the customer has paid their rates notice in full for the financial year and requests a refund, we will direct customers to contact their local council to arrange this.
Customers with questions or disputes about assessment or eligibility, including queries about how to add their property to the register for assessment, need to contact Service NSW on 13 77 88 or visit a service centre with a copy of a recent rates notice.
NSW Government council rates notice relief – Frequently Asked Questions
In early February, the NSW Government announced six months of council rates notice relief to ease the financial burden on home, farm and small business owners whose property suffered damage beyond repair in the recent bushfires.
To help local communities recover and rebuild, the NSW Government will pay council rates notices for eligible customers for quarter 3 (Jan – March) and quarter 4 (April – June) this financial year (2019/2020). This includes the land rates component and fixed service charges such as waste, water and sewerage where the amount is included on the council rates notice only.
Who is eligible?
To be eligible for relief, a ratepayer:
• must own a residence, farm or business in a declared disaster area; and
• have the property deemed damaged beyond repair by the Rural Fire Service (RFS) and/or Emergency Information Coordination Unit (EICU)
If the only structure damaged or destroyed is an outbuilding, the property does not qualify for relief.
How does the ratepayer apply?
No application is necessary. Service NSW will make the payment directly to local councils for properties that have been assessed as eligible for NSW Government rates relief.
How will the ratepayer know if they have qualified for rate relief?
Home, farm and business owners who qualify for relief will receive an email and SMS notification from Service NSW that their rates notices have been paid for Q3 and Q4 of this financial year.
What if a ratepayer has paid their rates notices in advance?
If the ratepayer has already paid their Q3 and Q4 rates notices fully in advance, the amount should be automatically applied as a credit against their account. If the ratepayer would like a refund rather than an automatic credit, they will be advised to speak to their council to arrange this.
What can ratepayers do if their property is not on the register for rates relief?
If a ratepayer has not received a notification of eligibility and believes they should have, direct them to Service NSW on 13 77 88 or a local Service NSW service centre. They will need a copy of their latest rates notice available for reference. Service NSW will liaise with the Office of Emergency Management regarding assessment of the property and contact the customer with an outcome as soon as possible.
Who can ratepayers talk to if they want to dispute the outcome of a property assessment?
Direct ratepayers to Service NSW on 13 77 88 or a local Service NSW service centre. They will need a copy of their latest rates notice available. A Service NSW customer service representative will lodge the dispute and Service NSW will advise the outcome as soon as possible.
What other help is available to impacted ratepayers?
Ratepayers who have been impacted by the bushfires can visit our Service NSW Bushfire Customer Care Service website or call 13 77 88 for information about:
• Support and resources
• Local events and recovery centres
• Replacing lost documents and licences
• Emergency contacts and services
• Assistance with small business recovery, including loans and grants
• NSW bushfire free clean-up registrationHi Mary,
We haven’t had an application like that but I don’t think the resident would be entitled to a pension rebate the way these developments are set up in our area.
For the retirement villages here, we read a big meter at the front of the development and issue the account to the owner of the land. We’re not billing direct to any of the residents.
As the residents are not the owners & not receiving a water account from Council, I can’t see how they would be liable for the charges as is required by Sec 575. Not sure if the circumstances are the same in your area.
Cheers
IanHi Emma,
We had a situation very similar to yours. A house burned down and the presence and likely spread of asbestos required Council to issue an order under sections 121B & 121D of the EP&A Act (sorry, these are the old EP&A Act section numbers).
The order wasn’t complied with, so Council had to clean it up costing around $30k. The public risk was very high so required us to act. Section 121ZJ of the EP&A Act allows for the recovery of the costs incurred from the owner, not as debt on the land. The mortgage holder eventually sold the now vacant, clean block for about the value of our debt. We put the debt amount on the 603 certificate and following negotiations, they agreed to pay half of the debt form the sale proceeds.
The house was insured, but the insurers refused to pay due the circumstances surrounding the cause of the fire. The now former owner is elderly & has no means to settle the debt. We have not taken any recovery action against her and will likely have to write-off the balance.
Whether or not the debt is a property debt will depend on the legislation under which the order is given. It might not make much difference in your case though, given the low value of the land. Sounds like you might be left with a write-off like us.
Cheers
IanThanks for the responses. It’s useful information for us.
Cheers
IanHi Wendy,
We have Tech1 water, and where there’s a single meter for strata units we have the meter attached to the strata parent property & bill the body corporate.
Hope this helps.
Cheers
IanHi Michael,
At Mid-Western, our nurseries are business. Nursery is not one of the uses that qualifies as Farmland.
515 Categorisation as farmland
(1) Land is to be categorised as
“farmland” if it is a parcel of rateable land valued as one assessment and its dominant use is for farming (that is, the business or industry of grazing, animal feedlots, dairying, pig-farming, poultry farming, viticulture, orcharding, bee-keeping, horticulture, vegetable growing, the growing of crops of any kind, forestry or aquaculture within the meaning of the Fisheries Management Act 1994 , or any combination of those businesses or industries) which:Hope this helps.
Cheers
IanHi Anne,
In our case, we’re quarterly rating so we changed it from the start of the quarter after the project approval was issued. We were aware that construction had started straight away so were comfortable making the category change at that point.
Had construction not started, we probably would have waited because the dominant use of the land wouldn’t have changed.
Cheers
IanHi Mel,
We get quite a few of these. They’re usually parts of rural properties that have missed being transferred with the rest of the property in the past.
Often, we have the lot included in the current ratepayers assessment even though the title may not be in their name. Some others are in the historical owners name, but care of the current owner. The historical owner is usually deceased, which eases our privacy concerns.
As long as we’re satisfied the solicitor is acting for the person who is actually paying the rates, we issue the letter. We confirm the name & address the rates are being sent to, and if the rates are up to date. We don’t confirm who actually pays the rates, as its difficult to be 100% certain due to Bpay, cash payments etc.
It’s my understanding this information is required to successfully process the possessory title application through LRS.
Cheers
Ian -
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