(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 jointowners 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.
(2) If the jointoccupiers 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.
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 jointowners, joint lessees or jointoccupiers (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 jointowners, 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.