New South Wales Consolidated Acts

CITY OF SYDNEY ACT 1988 - SECT 14

14 Definitions

(1) For the purposes of this Division:

(a) "owner" means:

(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 $5,000 (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 $5,000 (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 Parliamentary Electorates and Elections Act 1912 , on the roll for any electoral district and whose place of living as described on that roll 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 land comprised solely of a lot in a strata plan within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 , being a lot designed, constructed or used solely or principally for the parking of a motor vehicle,

(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 the claim for enrolment 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.

(1A) If the annual amount payable for the lease and local government rates under a lease in writing or other document of title relating to rateable land exceeds $5,000 (or the greater amount prescribed for the purposes of subsection (1) (b)), the maximum number of ratepaying lessees of that rateable land for the purposes of subsection (1) (b) is the number obtained by dividing the annual amount so payable by $5,000 (or an amount equivalent to the greater amount prescribed) ignoring any remainder.

(2) If the annual amount payable for the joint occupation of any rateable land exceeds $5,000 (or the greater amount prescribed for the purposes of subsection (1) (c)), the maximum number of occupiers of that rateable land for the purposes of subsection (1) (c) is the number obtained by dividing the annual amount so payable by $5,000 (or an amount equivalent to the greater amount prescribed) ignoring any remainder.

(3) If, because of the operation of subsection (1A) or (2), it is necessary to choose the persons with the requisite qualifications as electors from among a number of joint ratepaying lessees or joint occupiers, the choice shall be made:

(a) in accordance with a written nomination signed by the majority of those lessees or those occupiers, or

(b) if no such nomination is made, by the Electoral Commissioner having regard to the alphabetical order of the surnames of the lessees or occupiers or on such other basis as the Electoral Commissioner considers appropriate in the circumstances of the case.

(4) A person is not a ratepaying lessee or an occupier if his or her primary place of residence is not within New South Wales.

(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.