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LOCAL GOVERNMENT ACT 1993 - SECT 109 Objections to variations

LOCAL GOVERNMENT ACT 1993 - SECT 109

Objections to variations

(1)  A ratepayer may object to a variation in a rate based on a particular use of land.
(2)  The only ground for an objection is that the use of the ratepayer's land is not the use of land on which the variation is based.
(3)  An objection is to –
(a) be made in writing within 21 days after receipt of a notice under section 108 notifying the variation; and
(b) state the use of the ratepayer's land; and
(c) be accompanied by evidence of the use of the land; and
(d) be lodged with the general manager.
(4)  A council is to make a decision in respect of an objection within 60 days after the objection is lodged.
(5)  The council may decide that the variation in the rate –
(a) applies to the ratepayer based on the use of the ratepayer's land; or
(b) does not apply because of the use of the ratepayer's land.
(6)  A ratepayer may apply to the Magistrates Court (Administrative Appeals Division) for a review of –
(a) a council's decision under subsection (5) ; or
(b) a council's failure to make a decision under subsection (5) ; or
(c) a council's failure to make a decision within the period specified in subsection (4) .
(7)  If the council does not make a decision in respect of an objection within 60 days after the objection is lodged, the council is taken to have made a decision in respect of that objection on the last day of that period.