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TASMANIA
__________
LOCAL GOVERNMENT AMENDMENT
(SEPARATE RATES) BILL 2002
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 100 substituted
100. Separate rate
5. Section 101 amended (Intention to make separate rate)
6. Section 102 amended (Submissions)
7. Section 103 amended (Petitions)
8. Section 104 amended (Consideration by council)
9. Section 105 substituted
105. Separate rate for same purpose
105A. Review of separate rate
105B. Adjustment of separate rate
10. Section 106A inserted
106A. Exemptions and variations
11. Validation
[Bill 71]-IX
2
LOCAL GOVERNMENT AMENDMENT
(SEPARATE RATES) BILL 2002
(Brought in by Minister Assisting the Premier on Local
Government, the Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Local Government Act 1993
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Local Government
Amendment (Separate Rates) Act 2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Local Government Act 1993* is referred
to as the Principal Act.
*No. 95 of 1993
[Bill 71] 3
s. 4 No. Local Government Amendment 2002
(Separate Rates)
Section 100 substituted
4. Section 100 of the Principal Act is repealed and the
following section is substituted:
Separate rate
100. (1) A council may, by absolute majority, make
a separate rate in respect of land, or a class of land,
within a part of its municipal area.
(2) A separate rate may be made
(a) in addition to any other rates; and
(b) in respect of a financial year or part of a
financial year; and
(c) for the purpose of planning, carrying
out, making available, maintaining or
improving any thing that in the council's
opinion is, or is intended to be, of
particular benefit to
(i) the affected land; or
(ii) the owners or occupiers of that
land.
(3) A separate rate must not be made more
than one month before the beginning of the financial
year in which it commences, but may otherwise be
made at any time during a financial year.
(4) At the time of making a general rate, a
council may, upon the resolution of an absolute
majority, continue a separate rate applying in
respect of a financial year for the next financial year.
(5) A separate rate cannot be continued
beyond the period notified under section 101(2)(d).
4
2002 Local Government Amendment No. s. 5
(Separate Rates)
(6) If a separate rate is not continued for a
particular financial year, the rate must not be
continued in respect of a subsequent financial year.
(7) A separate rate must not be continued for a
period of more than 5 financial years unless, in the
fifth financial year
(a) the council resolves to continue the rate
under subsection (4); and
(b) the rate is reviewed in accordance with
section 105A.
(8) A separate rate for a financial year is to be
based on the same category of value of land as is
applicable to the general rate for that financial year
under section 90(3).
Section 101 amended (Intention to make separate
rate)
5. Section 101 of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "including a
separate rate first-mentioned in section 105,"
after "rate,";
(b) by inserting in subsection (1)(a) "separate"
after "of the";
(c) by inserting in subsection (1)(b) "separate"
after "make the";
(d) by omitting from subsection (2)(d) "proposed";
(e) by omitting from subsection (2)(e) "affected
ratepayers" and substituting "the ratepayers,
owners and occupiers of affected land";
5
s. 6 No. Local Government Amendment 2002
(Separate Rates)
(f) by inserting in subsection (2)(f) "of affected
land" after "ratepayers";
(g) by inserting the following subsection after
subsection (2):
(3) This section does not apply to the
continuation of a separate rate under
section 100(4).
Section 102 amended (Submissions)
6. Section 102 of the Principal Act is amended as follows:
(a) by inserting the following paragraph after
paragraph (a):
(ab) is to be addressed to the general
manager of the council; and
(b) by omitting from paragraph (b) "21" and
substituting "30".
Section 103 amended (Petitions)
7. Section 103(1) of the Principal Act is amended by
omitting "21" and substituting "30".
Section 104 amended (Consideration by council)
8. Section 104(a) of the Principal Act is amended by
omitting "impose" and substituting "make".
6
2002 Local Government Amendment No. s. 9
(Separate Rates)
Section 105 substituted
9. Section 105 of the Principal Act is repealed and the
following sections are substituted:
Separate rate for same purpose
105. A council must not make a separate rate for
the same, or substantially the same, purpose as that
of a separate rate that the council has applied at any
time in the previous 5 financial years unless it
conducts a review of that previous separate rate in
accordance with section 105A.
Review of separate rate
105A. (1) A review of a separate rate is to include
an assessment of the particular benefit of the rate
to
(a) the affected land; or
(b) the owners or occupiers of that land.
(2) Before undertaking a review, the council is
to
(a) notify the ratepayers of the affected land
of its intention to conduct the review;
and
(b) publish notification of that intention in a
daily newspaper circulating in its
municipal area.
(3) Notification published under
subsection (2)(b) is to include an invitation to the
ratepayers, owners and occupiers of the affected land
to make written submissions in respect of the review
within 30 days after publication of the notification.
7
s. 10 No. Local Government Amendment 2002
(Separate Rates)
(4) In deciding, following a review under this
section, whether or not to make or continue a
separate rate, a council must take into account
(a) any submissions made under
subsection (3); and
(b) the outcomes of the review.
Adjustment of separate rate
105B. If a separate rate applies for more than one
financial year, the council may adjust the rate in a
subsequent financial year to take account of any of
the following factors:
(a) an increase in the Consumer Price Index
figure for the previous financial year;
(b) an adjustment in the assessed annual
value, capital value or land value, on
which the separate rate is based, made
(i) under this Act; or
(ii) as a result of a fresh valuation
under the Valuation of Land Act
2001;
(c) any other prescribed matter.
Section 106A inserted
10. After section 106 of the Principal Act, the following
section is inserted in Division 5:
Exemptions and variations
106A. (1) A council, by absolute majority, may
8
2002 Local Government Amendment No. s. 11
(Separate Rates)
(a) exempt land or a class of land from a
separate rate; or
(b) vary the amount of a separate rate
payable in respect of land or a class of
land, having regard to
(i) the use or predominant use of the
land or class of land; or
(ii) the non-use of the land; or
(iii) the locality of the land or class of
land; or
(iv) any other prescribed factor.
(2) In this section, "use" has the same
meaning as in section 107.
Validation
11. A separate rate purported to have been made under
the Local Government Act 1993 before the commencement
of this Act is taken to have been validly made.
Government Printer, Tasmania 9