Suzi Flynn
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Hi Layla,
You are entitled to levy rates in the year for which the rates are levied or in a subsequent year.
You mentioned a 603 certificate, so it’s impact will depend on when that was issued and whether your certificate appropriately indicated that the exemption status could change upon sale. That could only be a factor for the rating year in which the certificate was issued but would not impact levies for subsequent years.
Council has the ability to make a repayment arrangement to assist the customer and can consider waiving or reducing any interest accrued, including during the repayment period, after the rates have been paid (s564). I would strongly suggest trying to reach an agreement of this type and encourage you to be considerate of the customer’s position.
Suzi
Hi Katie, we try to encourage our agents to pay using BPay Batch. We added the QR code to the notice to assist them.
Suzi
Just a quick update: The Court of Appeal hearing was held last week on this matter. Now we will await the Judgment.
Sydney is keen to investigate this option too Ken. Perhaps Penrith is working on this, Matt?
Hi Trev,
Sydney has two methods: annual and instalment only (setup on the rates system) and debit from bank accounts only; or user initiated and controlled direct debit setup for a recurring amount, including monthly frequency, from bank account or credit card (direct setup between user and our bank).
Regards,
SuziMarch 5, 2018 at 2:56 pm in reply to: Council owned property under Libaries, Leisure Centres and Child Care #19556Hi Suzy. You should check if the land in question qualifies for an exemption under s556(1)(a).
Land meets the definition of “public place” if it is (among other things):
“public land” or Crown land that is not:
(iv) land that has been sold or leased or lawfully contracted to be sold or leased.And land meets the definition of “public land” if it is:
any land (including a public reserve) vested in or under the control of the council, but does not include:
(a) a public road, or
(b) land to which the Crown Lands Act 1989 applies, or
(c) a common, or
(d) land subject to the Trustees of Schools of Arts Enabling Act 1902 , or
(e) a regional park under the National Parks and Wildlife Act 1974 .We’ve introduced a fee this year. The fee has decreased the number of refunds processed by 42%.
Hi Kelly, City of Sydney offices are open. Suzi
Sorry – the link to the Business Paper is
http://lgnsw.org.au/files/imce-uploads/90/LGNSW-2017-Conference-Business-Paper-web.pdfHi everyone,
The City will be relying on reapplication by the pensioner to reinstate.
However, I know Sutherland Shire are of the same opinion as Penrith that the authority to check eligibility previously signed by the pensioner remains in place unless they have revoked it. Sutherland are checking evryone’s eligibility through Centrelink and reinstating rebates from 1 Jan 2018 if eligibility is confirmed, without requiring the pensioner to reapply.
Suzi
Hi everyone,
You may have noticed that the court has ruled on this matter and applicant, Karimbla Properties (aka Meriton) was successful on all counts. The case is Karimbla Properties v Council of the City of Sydney; Bayside City Council; and North Sydney Council [2017] NSWLEC 75 and has been posted to the Case Law section of this website.The City of Sydney has filed its intention to appeal.
This ruling differs in a few ways to the 2003 Meriton v Parramatta case and has even worse implications for all Councils.
Essentially this ruling means that there is no time limit in which an owner must request a change in category and there is no limit to the number of prior years’ refund if the owner fails to notify of or request a change until years later.
Also, Karimbla argued that ‘vacant land’ could include an unoccupied commercial building – an argument that the court upheld.
Hi Cherie,
We are only showing one line. It’s better administratively for us as a Pathway site and it’s a simpler display on the Rate Notice (in my opinion).
SuziHi all,
The link Paula refers to is here:
http://www.lgnsw.org.au/files/imce-uploads/386/ESL%20Template%20Proposed%20Option%20-%20Final%205%20May%2017.pdf (hopefully that works).The City has not yet decided its Rate Notice content but I will post again once a decision has been made.
Suzi
Hi David,
In this circumstance we categorise as Business for rating purposes and have classified as Commercial for FESL.
Suzi
Hi Trev,
We have a user initiated direct debit from credit card facility built through our online business services gateway, but we don’t charge the surcharge.
Feel free to call me if you want any info on it.
Suzi
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