[Robert Hay]

Hi Michael

We started ELNO BPAY this April and had to jump through the same hoops as yourself regarding logo etc. We have also made the move for the exact same reasons identified by Andrew and Mick.

Robert

[Robert Hay]

Hi Mel

A total lack of understanding by the AO of how a Council sets it rate in $ and how it relates to valuations.

The question back to the AO based on their recommendation is how can a Council after setting its rates continue to process supps and not in the best case underrate or in the worse case overate and end up being Gazetted?

Another area that the AO need to be educated on how rates work.

I close my valuation register after Council sets its final rates and charges.

Robert

[Robert Hay]

Hi Maria

In my opinion that is a pretty narrow view of “a subsequent year” paying attention to “a”. If the act only wanted to charge for two years I believe it would have been more prescriptive. Remember until its tested in court it is only an opinion.

I have had a similar case and will be backdating the rates to the date of transfer. We have a copy of the 603 certificates which states that the non rateable property would be rated from the date of transfer.

Have you also looked at section 572 regarding change of rateability?

[Robert Hay]

Hi Dani

Section 127 (c) provides that you must show particulars of each rate or charge levied on the land. Even though the rates are postponed they are still levied on the land and must be shown.

Hope this helps

Robert

[Robert Hay]

Hi Lee

If the husband is not an owner, he is not liable for rates and charges as per section 560 and does not fall under the definition of a jointly eligible occupier. I would not grant a rebate.

If both he and his wife were owners I would grant a full rebate.

Hope this helps.

Robert

[Robert Hay]

Hi All

If its a problem with what the the Rate Peg Increase (general variation) you can enter whatever percentage you like in cell G6 of the Calculation sheet and this will then calculate correctly and supersede what is in cell F14 on the Schedule 3 sheet.

Hope this helps

Robert

[Robert Hay]

Hi Alisha

We address pensioners in our Revenue Policy which forms part of our Delivery Program & Operational Plan.

https://www.ryde.nsw.gov.au/Council/Plans-and-Publications/Four-Year-Delivery-Plan

Its on page 97.

• This reply was modified 5 years, 1 month ago by Robert Hay.

[Robert Hay]

Hi Alisha

($250 (+ 87.50 if water as well) times pensioners percentage of ownership as per notice of sale/cert of title) times percentage of full proportionate quarters remaining. If other owners don’t meet criteria for eligible pensioner or jointly eligible occupier.

Robert

[Robert Hay]

Hi Janelle

PROPERTY NSW ACT 2006 – SECT 5
Status of Property NSW

5 Status of Property NSW

Property NSW is a statutory body representing the Crown and has the status, privileges and immunities of the Crown.

Based on the above it would be 555 (1)(a)
(a) land owned by the Crown, not being land held under a lease for private purposes,

Hope this helps

[Robert Hay]

Hi Lee

I believe what you have done is correct. Its a separate valuation that cant be used for residential accommodation its a jetty.

Its not vacant, its a jetty so 516 1(b) vacant land doesn’t apply.

Unfortunately business, your hands are tied based on the way the lease has been constructed.

You could always ask for further information as per 525(4)(4)

If the council has reasonable grounds for believing that the land is not within the nominated category, it may notify the applicant of any further information it requires in order to be satisfied that the land is within that category. After considering any such information, the council must declare the category for the land.

Have you tried this or is this the stage you’re at? Make them show why they believe it complies with 516. Hopefully this may lead them to their own conclusion that its not residential.

Hope this helps

• This reply was modified 5 years, 3 months ago by Andrew Butcher.

[Robert Hay]

Hi Neil

Cancelled from date of registration of the new plan.

Cheers

[Robert Hay]

Hi Everyone

Further to Mick’s comment I would like to draw everyone attention to page 110 of the Rating and Revenue raising manual which aligns with the legal opinion obtained by Newcastle which I have copied below:

Following the sub-division of a parcel of land, rates cannot be levied on new lots until supplementary valuations have been provided to the council by the Valuer General and the council has categorised each of the new parcels. Once this has happened, rates can be levied on a pro-rata basis from the date the deposited plan was registered. If a council levies rates on new parcels of land on a pro-rata basis, an adjustment must be made in respect of the parcel of land that existed prior to the sub-division to reflect that rates and charges are only payable on that parcel up until the date of sub-division. The levying of rates mid year will not adversely affect a council’s maximum general
income limit as supplementary valuations furnished during the year are included when the notional general income for the previous year is calculated. Although the legislation does allow councils to levy rates on newly sub-divided
parcels mid-year, it does not however compel them to do so. The decision on when to levy rates on these properties is one for each council.

I urge everyone do some modelling and see how this affects your Council, for some it maybe beneficial for other not so much.

This has been done by lots of Council’s both metro and regional for many years and I have not heard of one court case where this practice has ever been challenged.

Hope this helps

• This reply was modified 5 years, 3 months ago by Andrew Butcher.

[Robert Hay]

Hi Trev

Happy New year.

I definitely agree that Aust Post charges are starting to become excessive however from my understanding there is no section in the LGA 1993 that would allow this charge to be passed on.

If you were to do it wouldn’t you have to pass on the transaction charge for each payment method you offered to make this equitable? I’ll bet over the Counter at Council would be pretty close to $3.00 per transaction. Even then you are hurting your most vulnerable ratepayers being pensioners who would be the biggest users of Aust Post.

Also if you were going to start passing on this charge why wouldn’t you do it for the production of the notice and then for the postage that Council gets charged for issuing the notice etc, etc.

Its just the cost that Council’s have to bear for doing business.

The alternative dump Aust Post.

[Robert Hay]

Hi Everyone

Just to clarify my response regarding Section 563, I believe that ratepayers would still be required to pay their rates and charges as outlined in Section 562. I’m also dis-regarding the word prompt in the Section title and reading the words below:

563 Discount for prompt payment in full

A council may discount the amount of a rate or charge to such extent as it determines if the whole of the discounted amount of the rate or charge is paid by a date nominated by the council.

[Robert Hay]

Hi Emma

What your proposing with applying the discount and payment in full by 30/06/2021 is best covered by Section 563. The only suggestion I’d make is payment by 31/05/2021 to give you time to apply the discount.

Tracey with your point 1 what section of the act allows a payment due 31 May (Section 562 (3)) to be re apportioned over the following year’s rates and charges especially when you take Section 562 (2) into account which tells you how to calculate rates and charges instalments?

[Author]

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