[Robert Hay]

Hi Lisa

I would have done the same in good faith 6 years and current. However there is section 574(1)(b) and 574 (3).

574 APPEAL ON QUESTION OF WHETHER LAND IS RATEABLE OR SUBJECT TO A CHARGE
(1) A person who has an estate in land, or who is the holder of a licence or permit for land under the Crown Land Management Act 2016 , in respect of which a rates and charges notice is served may appeal to the Land and Environment Court–

(b) in the case of a charge–against the levying of the charge on the ground that the land is not subject to any charge (excluding a charge limited under section 503(2)) or is not subject to the particular charge.

(3) An appeal must be made within 30 days after service of the rates and charges notice.

The 30 days on previous years has well and truly expired. The ratepayer must bear some responsibility for checking their rates and charges notice!

Robert

[Robert Hay]

Hi Suzi

Due to the rate peg being different for all Councils this field should now be editable. The peg can be entered on Schedule 3 of the workpapers.

I know there was an issue with the original version but an updated one is now on the OLG website.

Robert

• This reply was modified 3 years, 9 months ago by Robert Hay.

[Robert Hay]

Hi Pete

Current = 6%
Propose = 6%

Cheers

[Robert Hay]

Hi Lee

Sorry

I had Universities on the brain. Council as the owner is responsible for payment of rates and charges.

They cant claim non rateability they aren’t the owner.

Robert

[Robert Hay]

Hi Lee

I’m guessing they are probably asking you to consider it under the below section.

Section 556 (l) land that is vested in a university, or a university college, and is used or occupied by the university or college solely for its purposes.

I don’t believe a lease agreement means that the land has been vested.

Robert

[Robert Hay]

Hi Danielle

I doubt even the most conservative of Councils would have anticipated a rate peg of less than 2%.

In the 1st instance you maybe asked to re-estimate your rates based on the 0.7% to see how much revenue you have lost if you have already done an estimate based on 2% or whatever it was that your Council anticipated.

Your Management accountant should be also swinging into action and see where any budget cuts can be made.

I think it will take a little time for Council’s to qualify the effects and work out a go forward plan.

[Robert Hay]

Hi Everyone

IPart has now updated the Information paper with the correct Rate Peg %. 26 Councils had been affected.

Please go to the IPart website and download the information paper again to make sure you have the correct Rate Peg %.

Regards

[Robert Hay]

Hi Everyone

I think that IPart have made a mistake regarding calculations from about Liverpool Council and below. It would appear that your Council’s supplementary growth has been added to the Council on the line above. For example in Ryde’s case its 2.9% supplementary growth has been added to Shellharbour.

I have phoned IPart and I understand other Council’s have been trying to contact them as well. I will post if I find out anything further regarding this matter.

[Robert Hay]

Hi Dani

I’ve never dealt with something like this but this is the process I would follow:

Easiest – sell the property prior to notifications being sent for the future works.

If not possible I would then look at Section 710 2(e) to serve your notifications:

(e) by fixing the notice on any conspicuous part of the land, building or premises owned or occupied by the person.

That’s if you can actually gain access to the property. I have seen many examples of where a Council has posted notifications on the front fence of a vacant property in a plastic sleeve to give notice.

Unfortunately, I am not so familiar with the Environmental Planning and Assessment Act 1979 which may overide the above.

In the end it might require a legal opinion.

• This reply was modified 4 years, 5 months ago by Andrew Butcher.

[Robert Hay]

Hi Dallas

No, Council’s cannot request a GVal each year the decision to provide a GVal is made by the Valuer General.

The perfect example of that was when the VG moved all Council’s to a common base date of 01/07/2016 to implement the FESL irrespective of how long they has been using their current base date.

However I believe some Council’s base dates are now out of step due to the VG deciding to give them new GVals.

Cheers

Robert

[Robert Hay]

Hi Dallas

VALUATION OF LAND ACT 1916 – SECT 48
Furnishing valuation lists to authorities
48 Furnishing valuation lists to authorities
(1) Each rating or taxing authority is to be given a list (referred to in this Act as a
“valuation list” ) containing such of the information entered in the Register as relates to land within the authority’s area.
(2) Valuation lists are to be furnished to each such authority–
(a) in the case of a list to be furnished to the Chief Commissioner of State Revenue, before 31 December in each year, and
(b) in the case of a list to be furnished to any other authority, at least once every 3 years.

Hope this helps

[Robert Hay]

Hi Karen

I had to look at this a couple of times and in my opinion they still get it. My interpretation spins on the definition of owner in the definitions section of the Valuation of Land Act 1916:

“Owner” means the person who, whether jointly or severally, is seised or possessed of or entitled to any estate or interest in land.

They were an original owner either jointly or severally and have increased their interest in the same land.

These are always the difficult ones to interpret and I would love to hear what others think.

Robert

[Robert Hay]

Hi Maria

I looked up the Guru Nanak Sikh Gurudwara Inc on the ACNC register and checked their financials for 2020. It states that they are a shareholder in Sikh Holdings P/L.

A company search on Sikh Holdings P/L may provide more details in establishing ownership.

Hope this helps

Robert

[Robert Hay]

Hi Mary

Further to the case law:

Charles Sturt University Act 1989 No 76
7 Object and functions of University
(3) The University has other functions as follows—
(a) the University may exercise commercial functions comprising the commercial exploitation or development, for the University’s benefit, of any facility, resource or property of the University or in which the University has a right or interest (including, for example, study, research, knowledge and intellectual property and the practical application of study, research, knowledge and intellectual property), whether alone or with others,

Based on the above I believe they are non rateable if Sturt university is really Charles Sturt University.

[Robert Hay]

Hi Joanne

Ryde uses Stormwater Management Services which is how its identified in the Local Government Act (s496A and 510A) and in the Regs (125AA).

Hope this helps

Robert

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