[Robert Hay]

Hi Cherie

Just to clarify further. They are not exempt from the 501 charge. Council just cannot charge them under that section for the service due to them being non rateable. If the exempt properties request/require the service they should pay via sundry debtor.

Robert

• This reply was modified 1 year, 2 months ago by Robert Hay.

[Robert Hay]

Hi Cherie

Thats a harder question to answer.

I’m not sure if I necessarily agree with the statement in the manual and prefer to accept the wording in 501 (3) An annual charge may be levied on each parcel of rateable land for which the service is provided or proposed to be provided. The charge can only be levied on rateable land.

I would not charge it at all on exempt properties. Happy to hear other opinions.

Robert

[Robert Hay]

Hi Cherie

Does Council under Section 501, provide that service or propose to provide that service to those parcels of land owned by the BPI/Charities?

If you don’t, then you don’t have to charge them. I think a paragraph in your Statement of Revenue policy saying that those properties will not receive the proposed or provided service would cover you.

Hope this helps and is not to late

Robert

• This reply was modified 1 year, 2 months ago by Robert Hay.

[Robert Hay]

Hi Fi

In my opinion I don’t believe there is a limit on a private treaty and why would you want to incur costs again in going through the whole process for the sale of the property again the following year.

Having satisfied all the conditions of 713 I would continue to try and sell the property by private treaty and when/if you find a purchaser they will apply for a 603 which will let them know all outstanding rates and charges on the property if further rates and charges have been levied.

It might worth getting a legal opinion.

Robert

[Robert Hay]

Hi Anthony

Having a look at these caravan parks, I believe you have granted the exemption correctly due to the properties being operated by the NSW Crown Holiday Parks Land Manager who has been appointed under the Crown Lands Management Act 2016 rather than the Crown Land manager exercising their functions under 3.26 of the CLM Act and granting a lease to other persons. Which fits in with 555 (1) (a).

Just my opinion

Robert

[Robert Hay]

Hi Maria

Our software works exactly the same for instalments (Tech 1) and I have had this query before.

Section 562 (3)(b) if payment is made by quarterly instalments, the instalments are payable by 31 August, 30 November, 28 February and 31 May. Note that it says “by” not “on”.

The instalment payable “by” 30 November has already been paid prior to that “payable” date.

As stated in 562 (5) Council must send a “Reminder Notice” on or before 31 October, 31 January and 30 April. In my opinion the Act does not require a Reminder Notice to be sent for an instalment that has already been paid “by” 30 November as there is nothing to be “reminded”.

Hope this helps

Robert

[Robert Hay]

Hi Everyone

The Emergency Services Levy Amendment (Land Classification) Act 2024 has been assented on the 20/06/2024.

Things are heating up.

https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=18587

Robert

[Robert Hay]

Hi Meridith

Also you wouldn’t lose the income as those properties are to be included as rateable in your previous year NGI in your statement of compliance and then that would be spread across the rest of your ratepayers in your current year yield as you would then not include those properties as they are non rateable.

Robert

[Robert Hay]

Hi Meredith

The 1st part is correct, they are exempt.

The 2nd part, I have heard of this before and there was no lease. Do you have copies of the leases?

Robert

[Robert Hay]

Hi Carmel

What Section of the Act are they requesting rates exemption under? If they are requesting exemption they should be telling you what section they are applying under?

If its under 556 (h) land that belongs to a public benevolent institution or public charity and is used or occupied by the institution or charity for the purposes of the institution or charity, which Im guessing they would be applying under they should provides their Articles of Association/Governing Document.

Also I’d do a title search to confirm ownership.

There is a lot of caselaw on the under the Case Law link that deals with similar matters.

Robert

[Robert Hay]

Hi Glynes

We don’t charge for current year and the $21.00 per notice for each previous year.

We try to get them to sign up for enotices to avoid the charge. If they sign up Forms Express then adds every previous notice to their account that matches their name.

Robert

[Robert Hay]

Hi Everyone

Whilst the legislation has been passed it has yet to be assented.

Robert

[Robert Hay]

Hi Linda

Can you elaborate on the formula error you have found in column L please?

Thanks

[Robert Hay]

Hi Everyone

This is what happens all the time due to incorrect actions of other Departments within Council and then the correct action taken by Rates Department when these situations occur.

Quasi approval of the DA doesn’t mean that the sections relating to categorisation had not been followed correctly 516 doesn’t rely on zoning except where it is vacant land.

I’ve heard of another case where an individual had illegally converted their business unit into residential accommodation without consent, the planning department decided to do nothing. Under 516 they were compliant. Based on this they were made residential. Further there can be cases where retrospective consent is granted.

As recent caselaw has identified it is based on the “current use” of the land that is the determining factor.

Dave if possible can you get a copy of the court case and this would be great to include on the website.

Robert

[Robert Hay]

Hi Anita

I take it the owner has made a request for a change of categorisation.

In the 1st instance I would contact regulatory and get them to investigate why the owner hasn’t applied for consent and they can follow that up.

However as long as Section 516 is being complied with the category should be residential as 516 doesn’t rely on the DA consent.

Not applying for consent and it’s enforcement is another matter for Council.

Happy to hear other people thoughts.

Hope this helps.
Robert

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