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CITY OF SYDNEY ACT 1988 - SECT 14 Definitions

CITY OF SYDNEY ACT 1988 - SECT 14

Definitions

14 Definitions

(1) For the purposes of this Division--
(a)
"owner" means, subject to subsections (1AA), (3) and (4)--
(i) a joint or several owner of rateable land, and
(ii) the holder or resident manager of a lease, promise or contract of lease from the Crown of rateable Crown land,
but does not include--
(iii) a lessee of rateable land (not being Crown land) or a person who merely occupies any such rateable land under a licence or other agreement, or
(iv) where rateable land is held on trust, a beneficiary under the trust,
(b)
"ratepaying lessee" means, subject to subsections (1A), (3) and (4), a person who has been continuously, during the period of 3 months preceding the relevant date, the lessee (whether jointly or severally) of rateable land and who is liable, under a lease in writing or other document of title relating to the land, to pay to any person the whole or any part of any local government rates which may be made or levied in respect of the land and where the annual amount payable by the lessee (or by the lessee together with another person or other persons) for the lease and local government rates is at least $4,000 (or, if the regulations prescribe a greater amount, the greater amount so prescribed),
(c)
"occupier" means, subject to subsections (2), (3) and (4), a person who has been continuously, during the period of 3 months preceding the relevant date, in actual occupation of rateable land (jointly or severally, but not as owner or ratepaying lessee) where the annual amount payable by the person (or by the person together with another person or other persons) for the right to that occupation is at least $4,000 (or, if the regulations prescribe a greater amount, the greater amount so prescribed),
(d)
"resident" means a person who is, on the relevant date, enrolled, within the meaning of the Electoral Act 2017 , in respect of an address that is within the City of Sydney,
(e)
"rateable land" includes all land in the City of Sydney on which any rate is leviable or levied under the Principal Act, but does not include a utility lot within the meaning of the Strata Schemes Management Act 2015 ,
(f)
"relevant date" means, for the purposes of determining--
(i) whether a person is entitled to have the person's name included in a roll of electors--the date on which that determination is made, or
(ii) whether a person is entitled to vote at an election--the date prescribed under the Principal Act for the closing of the residential roll for the election, and
(g)
"joint" and
"jointly" , in relation to owning, holding or occupying land, includes owning, holding or occupying in common.
(1AA) If the joint owners of any rateable land under subsection (1) (a) consist of 3 or more natural persons, only 2 of those natural persons may be owners of the rateable land for the purposes of this Division.
(1A) If the joint ratepaying lessees of any rateable land under subsection (1) (b) consist of 3 or more natural persons, only 2 of those natural persons may be ratepaying lessees of the rateable land for the purposes of this Division.
(2) If the joint occupiers of any rateable land under subsection (1) (c) consist of 3 or more natural persons, only 2 of those natural persons may be occupiers of the rateable land for the purposes of this Division.
(3) If, because of the operation of subsection (1AA), (1A) or (2), only 2 natural persons from among a number of joint owners, joint ratepaying lessees or joint occupiers may be owners, ratepaying lessees or occupiers for the purposes of this Division, those 2 natural persons are to be determined as follows--
(a) in accordance with a written nomination signed by the majority of those joint owners, joint ratepaying lessees or joint occupiers submitted to the general manager before the nomination cut-off date for an election, or
Note : See section 16B for further provisions regarding these nominations.
(b) if no such nomination is made, 2 natural persons determined by the general manager having regard to the alphabetical order of the names of the joint owners, joint lessees or joint occupiers (considering surname first, then given names) or on such other basis as the general manager considers appropriate in the circumstances of the case.
(3A) If the joint owners, ratepaying lessees or occupiers of rateable land (within the meaning of subsection (1)) consist of corporations or a combination of natural persons and corporations (of at least one natural person and one corporation), section 16AA (2) applies and has effect despite anything to the contrary in this section.
(4) Despite subsection (1), a person is not an owner, ratepaying lessee or occupier of rateable land for the purposes of this Division merely because the person owns, holds or occupies--
(a) a parcel of land designed, constructed or used solely or principally for the parking of no more than 2 motor vehicles, or
(b) a self-storage unit used for the storage of boats, motor vehicles or goods.
(5) If the City of Sydney is divided into wards, this Division applies to each ward in the same way as it applies to the area of the City of Sydney.
(6) Despite subsection (3) (b), if a person referred to in that paragraph is--
(a) otherwise entitled to be enrolled under this Act, or
(b) not entitled to vote at an election of members of the Legislative Assembly or an election of members of the Commonwealth House of Representatives,
that person is to be disregarded for the purposes of that paragraph.
(7) In this section,
"nomination cut-off date" , for an election, means the date that is 28 days before the closing date for the election.