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LOCAL GOVERNMENT ACT 1993 - SECT 109D Notice of proposal to be given to certain ratepayers

LOCAL GOVERNMENT ACT 1993 - SECT 109D

Notice of proposal to be given to certain ratepayers

(1)  The general manager of a council that proposes to apply for a certificate in relation to a locality is to ensure that a notice of the proposal is issued to each relevant ratepayer.
(2)  For the purposes of subsection (1) , a relevant ratepayer is a ratepayer in respect of rateable land in relation to which, in the opinion of the general manager of the council, the averaged area rate to which the proposal to apply for a certificate relates would apply if the rate were made in accordance with the proposal.
(3)  For the purposes of subsection (1) , a notice, issued to a relevant ratepayer in respect of rateable land, in relation to a proposal to apply for a certificate –
(a) is to contain, in relation to the proposal, the matters a notice in accordance with section 109C(2) is required to contain; and
(b) is to contain the additional calculations in respect of the rateable land.
(4)  For the purposes of subsection (3)(b) , the additional calculations in respect of the rateable land are –
(a) the amount of the general rate that the relevant ratepayer in respect of the land was, in respect of the relevant financial year, liable to pay in relation to the land; and
(b) the amount of the averaged area rate that the relevant ratepayer would have been liable to pay, in respect of the relevant financial year, if the averaged area rate to which the proposal relates had applied in respect of the rateable land for the relevant financial year.
(5)  A reference in subsection (4) to the relevant financial year is a reference to the financial year in which the notice, containing the additional calculations referred to in that subsection, is issued to a ratepayer under subsection (1) .
(6)  Brighton Council, George Town Council and Glamorgan-Spring Bay Council are exempted from the application of subsection (3)(b) in relation to a proposal to apply for a certificate, if the certificate would authorise the making of an averaged area rate in respect of the 2012-2013 financial year.