Victorian Consolidated Legislation

Cultural and Recreational Lands Act 1963 - SECT 4

Rates

4. Rates



(1) Notwithstanding the provisions of any Act or enactment relating to the
making and levying of rates by a municipal council in lieu of the rates that
would otherwise be payable to a municipal council in respect of recreational
lands there shall be paid to the municipal council as rates in each year such
amount as the municipal council thinks reasonable having regard to the
services provided by the municipal council in relation to such lands and
having regard to the benefit to the community derived from such recreational
lands.

(2) Any body which is aggrieved by the amount determined by a municipal
council pursuant to subsection (1) of this section may appeal to the Minister
who must determine the amounts to be paid to the municipal council as rates
and every such determination shall be final and shall be given effect to by
the municipal council and by the body concerned.

(3) Subject to subsection (4) of this section every such determination of the
municipal council or of the Minister (as the case may be) shall operate until
such time as a new valuation in respect of the municipal district or ward in
which such recreational lands are situated is made and returned to the
municipal council.

(4) Where during the operation of any such determination the rates made and
levied for any year by a municipal council in respect of a municipal district
or ward in which any recreational lands are situated are at an amount in the
dollar greater than the amount in the dollar of the rates made and levied in
the first year in which that determination operated, the rates made and levied
for that year shall be increased by such proportion as the amount in the
dollar of the new rates bears to the amount in the dollar of the rates made
and levied in such first year.

(5) Where any lands which-





        (i)    are rateable under the Local Government Act 1989; and





        (ii)   are recreational lands-

cease to be recreational lands there shall be payable as rates to the
municipal council an amount equal to the difference between the total of the
amounts which were payable in respect of such lands for each of the ten years
immediately preceding the land so ceasing to be recreational land and the
total of the amounts of the rates that would have been payable in respect of
such land in each of those years if this Act had not applied to such lands and
such lands had been valued in each of those years on the basis that the value
of such lands was its value immediately after such lands so ceased to be
recreational lands.