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LOCAL GOVERNMENT ACT 1993 - SECT 109H Certificates

LOCAL GOVERNMENT ACT 1993 - SECT 109H

Certificates

(1)  The Director, after receiving an application from a council under section 109G , may determine the application by –
(a) issuing a certificate to the council; or
(b) refusing to issue a certificate to the council.
(2)  The Director may require a council to provide further information in relation to an application from the council under section 109G .
(3)  The Director is to make a determination under subsection (1) in relation to an application under section 109G  –
(a) within 21 days of receiving the application; or
(b) if the Director has required the council to provide further information under subsection (2) , within 21 days of receiving the further information.
(4)  A certificate is to specify –
(a) the council to which the certificate is issued; and
(b) the locality to which the certificate relates; and
(c) the category of rateable land to which the certificate relates, including, if the category is referred to in section 109A(5)(b) , the range of values of land that is within the category; and
(d) that the council is authorised to make, in respect of each financial year, an averaged area rate that is to apply, in respect of that financial year, to the category of rateable land in the locality.
(5)  The Director may only issue a certificate in relation to a category of rateable land in a locality if the Director is satisfied that the requirements of sections 109C , 109D , 109E and 109F have been substantially complied with in respect of a proposal to apply for a certificate in relation to that category of rateable land in that locality.
(6)  The Director may be satisfied that sections 109C , 109D , 109E and 109F have been substantially complied with in respect of a proposal to apply for a certificate in relation to a category of rateable land in a locality, and issue a certificate accordingly, even though –
(a) the locality specified in the certificate is not the same as the locality to which the proposal relates, if the locality is substantially the same as, or within the area of land contained in, the locality to which the proposal relates; and
(b) where the category is referred to in section 109A(5)(b) , the range of values of land that is within the category specified in the certificate is not the same as the range of values of land to which the proposal relates, if, in the opinion of the Director, the range of values of land is not substantially wider or narrower.
(7)  A certificate authorises the council to which it is issued to make, in respect of each financial year, an averaged area rate that is to apply, in respect of that financial year, to the category of rateable land, specified in the certificate in accordance with subsection (4)(c) , in the locality specified in the certificate.
(8)  A certificate for a locality ceases to authorise the council to which it is issued to make an averaged area rate that is to apply to a category of rateable land in a locality if an averaged area rate is not, for any financial year after the certificate is issued, made in respect of the category of rateable land in the locality.